Terms and Conditions

Terms and Conditions

1. TERMS AND CONDITIONS

By contracting Sendmyshipment.com, you (the customer) are deemed to accept the Sendmyshipment.com terms and conditions of service as set out in this document (the "Sendmyshipment.com Terms and Conditions").


2. SERVICE

Sendmyshipment.com provides you with the ability to select a variety of carriers to ship your packages, and you are also deemed to have knowledge of and accept the terms of service of any carrier retained by Sendmyshipment.com on your behalf. In the case of any discrepancy between a carrier's conditions of service and the Sendmyshipment.com Terms and Conditions, the Sendmyshipment.com Terms and Conditions shall prevail. Sendmyshipment.com cannot agree to alter the terms of service of any freight carrier retained to ship your packages. Any shipment request you make to Sendmyshipment.com with instructions, whether oral or written, that conflict with either the Sendmyshipment.com Terms and Conditions or freight carrier terms and conditions shall be deemed null and void.


3. EXTENT OF LIABILITY

The carrier chosen by you or Sendmyshipment.com for transportation of your shipment, is liable to you within the fullest extent of their terms and conditions. All legal actions that may arise from your shipment must be brought against the carrier selected by you or Sendmyshipment.com.

Sendmyshipment.com shall not be liable in any way for any damages whether direct, indirect, special, incidental or consequential, including but not limited to the following: Loss of profit or revenue incurred as a result of Sendmyshipment.com's acts or omissions including but not limited to gross negligence, neglect causing damage, loss, damage to the shipment, theft of the shipment, improper packaging, improper handling or delay of the shipment even if Sendmyshipment.com is advised in advance that such possibility exists. Sendmyshipment.com reserves the right in its sole discretion to deny and you agree not to permit any claim or action against Sendmyshipment.com, pertaining to any damage, loss of a shipment, associated costs, or financial penalties to the shipper, consignee or third‐party shipper. You agree to indemnify Sendmyshipment.com against any consequences of such claim or action and assume responsibility for any costs and expenses that Sendmyshipment.com endures in defending against the claim or action.


4. PAYMENT FOR SERVICES:

By providing Sendmyshipment.com with a shipment, you agree to pay for the shipment in full within the applicable time period. All accounts with Sendmyshipment.com are Due Upon Receipt unless otherwise stated in writing. Overdue accounts will accrue interest at a rate of 0.4580% per week, calculated and compounded weekly on the delinquent amount (26.82% per year), prorated to the date when payment is made. Administrative charges may be levied for administration or account processing activities in connection with your account, including, without limitation, as a result of the following: collection efforts due to nonpayment, returned or rejected payments. You agree that we can charge all costs incurred by Sendmyshipment.com to collect overdue invoices.

Sendmyshipment.com accepts payment by credit card only unless otherwise agreed on terms. In the event that shipping costs of your package increase due to underreported package size or weight, incorrect address, or any information you provide at time of order booking that is incorrect, Sendmyshipment.com shall bill your credit card for this increased cost, and you hereby authorize Sendmyshipment.com to do so.

It is your responsibility to ensure that your credit card has a sufficient balance to carry the costs of shipping your package. You acknowledge that, in the event that your credit card is declined, a $50 charge back fee per incident will be added to your credit card by Sendmyshipment.com. Further, your shipment may not be processed and may be suspended, which may result in a delayed delivery time or cancellation of your shipment. In the event that your credit card is declined, Sendmyshipment.com has the right to add a reasonable administrative fee to your account, and to terminate your account without further notice.

You are required to bring any dispute that you may have with regard to billing to Sendmyshipment.com's attention no later than sixty (60) days after billing occurs. No billing disputes will be entertained after this time, and you will be deemed to have irrevocably accepted the validity and quantum of all such bills. Disputes brought forward to your credit card provider instead of Sendmyshipment.com will incur a $50 charge‐back fee per incident and will be added to your credit card by Sendmyshipment.com.


5. Refund and Cancellation Shipments can only be cancelled prior to the carrier of choice picking up your shipment. Credit card refunds can and will only be issued if shipment has not been picked up. Once shipment is picked up no refund can be issued.

6. RIGHT OF INSPECTION:

Sendmyshipment.com reserves the right to open and/or inspect any shipment for any reason, but is not obliged to do so.



7. PACKAGING REQUIREMENTS

Carriers require that all shipped goods conform to International Safe Transit Association (ISTA) packaging standard 3A, and it is your responsibility to ensure that packages you ship conform to this standard. You are advised (and you acknowledge) that any failure to package shipped goods to this standard may result in the carrier's refusal to ship or to insure your packages. You further acknowledge that you are familiar with and agree to any restrictions on goods to be shipped that the carrier you select may have in force from time to time, and that all goods you choose to ship adhere to any such restrictions or guidelines. You acknowledge that any non‐compliant packages that you do ship are shipped at your own risk, and that you are not entitled to claim a refund of transportation costs or for any loss or damage to such items.


8. REFUSAL OF PACKAGE OR SERVICE:

Sendmyshipment.com reserves the right to refuse any shipment which, in its sole opinion, does not comply with the Sendmyshipment.com Terms and Conditions or the terms and conditions of carriage of any carrier, or which may, by its nature, can cause damage to, taint or soil any equipment owned, leased or operated by Sendmyshipment.com or the carrier. Refusal may be based on a shipment being improperly packaged, wrapped or labeled. Sendmyshipment.com further reserves the right to refuse and/or cancel services or terminate the accounts of customers who exhibit aggressive or abusive behavior towards Sendmyshipment.com's contractors or staff.


9. RETURNED SHIPMENTS:

You agree to be responsible for the cost of returning any shipment refused by the consignee or that cannot be delivered for any other reason. You are also responsible for payment of any duties, taxes or fees as applicable.


10. SHIPPING LABELS, DELIVERY AND TRACKING

You acknowledge that labels created via Sendmyshipment.com's website for your package MUST be printed and attached to your package prior to shipping. HANDWRITTEN WAYBILLS ARE NOT PERMITTED, and if used, will result in an additional $20 administrative charge being added to your order, if the order is deemed acceptable by Sendmyshipment.com.

It is your responsibility to ensure that your package, once ready for shipment, is received by the carrier you select. Sendmyshipment.com shall not be responsible for missed package pick‐ups and any delay in package delivery that may result.

The carrier you select may not contact you if there are problems with your shipment. Therefore, you are solely responsible for tracking your package, for contacting either the carrier or Sendmyshipment.com if a problem with shipping occurs, and for correcting the problem.


11. INTERRUPTION OF SERVICE

Sendmyshipment.com shall not be held liable for any interruption in service caused by actions beyond Sendmyshipment.com's control.


12. INTERNATIONAL SHIPMENTS

You are responsible for all applicable international treaties, laws, regulations, or requirements of any country to, from, through or over which your shipment may be carried. You are responsible for any customs requirements, import laws and regulations of any country to, from, through or over which your shipment may be carried. You agree to furnish such information and complete such documents as are necessary to comply with such treaties, laws, regulations, orders or requirements. If the local law or other conditions exist that do not allow customs clearance by the carrier or requires a third party customs broker, you are responsible to provide an alternate customs broker at your own cost. Sendmyshipment.com and the carrier assume no liability to you or any other person due to your failure to comply with this provision.


13. ENFORCEMENT OF TERMS OR CONDITIONS

Any failure by us to enforce or apply a term or condition of this Agreement does not constitute a waiver of that term or condition, and does not otherwise prevent Sendmyshipment.com from relying on such term or condition.


14. SEVERABILITY

If any provision of these terms is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent of the invalid and/or unenforceable provision.


15. FUTURE CHANGES TO TERMS AND CONDITIONS

Sendmyshipment.com reserves the right to unilaterally modify, amend, change or supplement the Sendmyshipment.com Terms and Conditions without notice to you. Only an officer in the Legal Department of Sendmyshipment.com may authorize a supplement to, or modification, change or amendment of, the Sendmyshipment.com terms and conditions. No other agent or employee of Sendmyshipment.com, its affiliates or subsidiaries, nor any other person or party, is authorized to do so.


16. ENTIRE AGREEMENT

This document will serve as the entire agreement governing the relationship between yourself and Sendmyshipment.com. All other communications, whether verbal or in writing, are not to be considered, and do not form part of this agreement. The signing of this Agreement by you renders all other negotiations and agreements between the parties null and void.


17. ENGLISH AS THE PREVAILING LANGUAGE

The sole language that this contract shall be interpreted in is the English language, regardless of the country, state or province that you reside in.


18. JURISDICTION

This Agreement will be governed by the laws of the province of Ontario, Canada. By agreeing to the Sendmyshipment.com Terms and Conditions you are automatically submitting yourself to the jurisdiction of the courts of Ontario, situate in Ottawa, in the event that a dispute arises concerning, or that is related to, this Agreement.


19. ELECTRONIC COMMUNICATIONS

Sendmyshipment.com will, from time to time, generate and send electronic communications (such as emails) to you containing information about Sendmyshipment.com's new and current services and products. By entering into this Agreement, you are consenting to receive such electronic communications from Sendmyshipment.com at any electronic address that you provide. You may opt out of such electronic communication by unsubscribing in the email or sending a request to info@sendmyshipment.com.


20. ACKNOWLEDGMENT

By clicking "Signup Now” or by placing a shipment for an existing account you acknowledge to have read, understood and agreed to be bound by the preceding Terms and Conditions.