Terms and Conditions of Carriage
Effective date: August 1, 2026
1. Application
These Terms and Conditions of Carriage (“Terms”) apply to all transportation and related services performed by Topaz Transport Inc. (“Carrier”), 1 Kingswood Dr, Suite 200, Hammonds Plains, Nova Scotia, Canada, unless superseded by a written transportation agreement signed by an authorized representative of Carrier. By tendering a shipment to Carrier, the shipper accepts these Terms on its own behalf and on behalf of the consignee, the owner of the goods, and any other party with an interest in the shipment. These Terms prevail over any conflicting pre-printed terms on a bill of lading, load confirmation, or other shipping document not signed by an authorized representative of Carrier.
2. Limitation of Liability
Unless the shipper has declared a value of the goods on the face of the bill of lading and paid the applicable additional charge (Section 3), Carrier’s maximum liability for loss of or damage to any shipment, or any portion thereof, is limited to $2.00 per pound ($4.41 per kilogram), computed on the total weight of that portion of the shipment actually lost or damaged. In no event shall Carrier’s liability exceed the lesser of the declared value (where applicable), the actual value of the goods at the place and time of shipment, or the cost of repairing or replacing the goods.
3. Declared Value
A shipper requiring coverage above the limitation in Section 2 must declare the value of the shipment in writing on the face of the bill of lading before the shipment is tendered, and pay the applicable excess-valuation charge quoted by Carrier. Absent such declaration and payment, the shipper agrees that the released value of the goods does not exceed $2.00 per pound ($4.41 per kilogram) and that freight rates have been set accordingly.
4. Shipments Within the United States — Carmack Amendment
For shipments moving in interstate commerce within the United States, Carrier’s liability is governed by the Carmack Amendment, 49 U.S.C. §14706. Pursuant to 49 U.S.C. §14706(c)(1)(A), and in consideration of the freight rates charged — which are based on the agreed released value of the goods — Carrier’s liability for loss of or damage to such shipments is limited to US $2.00 per pound (US $4.41 per kilogram) of the portion of the shipment lost or damaged, unless a higher value is declared and the applicable excess-valuation charge paid as provided in Section 3. The shipper has been offered, and has a reasonable opportunity to choose between, this limited-liability rate and a higher rate providing full-value liability, and may obtain the full-liability rate by contacting Carrier before tendering the shipment.
5. Claims
Shipments within Canada: No carrier is liable for loss, damage or delay to any goods unless written notice thereof, setting out particulars of the origin, destination and date of shipment and the estimated amount claimed, is given to Carrier within sixty (60) days after delivery of the goods or, in the case of failure to make delivery, within nine (9) months from the date of shipment. The final statement of the claim, together with a copy of the paid freight bill, must be filed within nine (9) months from the date of shipment.
Shipments within the United States: Claims must be filed in writing with Carrier within nine (9) months of the date of delivery or, in the case of non-delivery, within nine (9) months of the scheduled delivery date. Civil actions must be commenced within two (2) years from the date Carrier gives written notice disallowing the claim or any part of it. Claims are processed in accordance with 49 C.F.R. Part 370.
Claims should be directed to: [email protected], Topaz Transport Inc., 1 Kingswood Dr, Suite 200, Hammonds Plains, NS.
6. Exclusions
Carrier is not liable for loss, damage or delay caused by an act of God; enemies of the state or public authorities; riots, strikes or civil disturbances; an act, default or omission of the shipper, consignee or owner of the goods; the authority of law; quarantine; a defect or inherent vice in the goods (including ordinary wear, deterioration, evaporation or shrinkage); insufficient or improper packaging, loading, blocking or bracing performed by or on behalf of the shipper; or heat or cold, unless temperature-controlled service has been specifically requested in writing and confirmed by Carrier.
7. Delay and Consequential Damages
Transit times are estimates only and are not guaranteed unless expressly agreed in writing. In no event shall Carrier be liable for any indirect, incidental, special or consequential damages, including loss of profit, loss of market, penalties, or plant-downtime charges, whether or not Carrier had knowledge that such damages might occur.
8. Dangerous Goods
The shipper must declare, document, classify, package, mark and label all dangerous goods in accordance with the Transportation of Dangerous Goods Act (Canada) and/or 49 C.F.R. (United States), as applicable, and must inform Carrier in writing before tendering. The shipper indemnifies Carrier against all losses arising from undeclared or misdeclared dangerous goods.
9. Freight Charges
Unless otherwise agreed in writing, freight charges are payable within the terms stated on Carrier’s invoice. The consignor is primarily liable for all charges; where the bill of lading is marked “collect,” the consignee is also liable. Claims or disputes do not entitle any party to withhold payment of freight charges.
10. Governing Law
Except where the Carmack Amendment mandatorily applies, these Terms are governed by the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, including the uniform bill of lading conditions prescribed under applicable provincial motor-carrier legislation.
Questions regarding these Terms may be directed to [email protected].
