MAY 01, 2026
TERMS FOR CARRIAGE OF FREIGHT
THESE TERMS WILL APPLY TO FREIGHT SHIPMENTS
PLEASE READ THESE TERMS CAREFULLY BEFORE MAKING A BOOKING. THESE TERMS INCLUDE CERTAIN LIMITATIONS AND EXCLUSIONS IN RESPECT OF CARRIER’s LIABILITY TO SHIPPER. SHIPPER ATTENTION IS DRAWN IN PARTICULAR TO SECTION 9 (LIABILITY).
1. SHIPPER’s CONTRACT WITH CARRIER
1.1 Terms: By making a booking with Carrier, Shipper accepts that these Terms apply to Shipper and to shipments carried by the Carrier on Shipper’s behalf, and Shipper warrants that in agreeing to these Terms, it has the authority to contract on behalf of the person owning or entitled to possession of the Unit.
1.2 Definitions:
1.2.1 “Carrier” means Labrador Marine Inc., and includes the vessel and its crew, the Carrier affiliates, the owners, operators or charterers of the vessel(s) performing the contract, and their respective employees and agents (as applicable).
1.2.2 “Consignee” means any person designated and authorised by the Shipper to take delivery of the Units;
1.2.3 “Cargo” means the contents of a Unit;
1.2.4 “Convention” means the Athens Convention relating to the Carriage of Shippers and their Luggage by Sea signed at Athens in 1974 as amended and enacted in Canada, the text of which can be accessed here:
https://laws-lois.justice.gc.ca/eng/annualstatutes/2001_6/page-13.html#h-67
1.2.5 “dangerous cargo” means those materials and substances designated as dangerous by the rules of the International Maritime Organisation and by any other legislation and regulations applicable in Canada in force from time to time, but does not include petrol, diesel oil or other fuel present in reasonable quantities in the fuel tanks of vehicles;
1.2.6 “financial consequences” means any and all liabilities, damages, costs (including legal costs), expenses, charges, fines, penalties and other monetary payments which the Carrier may incur or otherwise be obliged by way of contract or tort and as ordered by any competent court to pay to any party whatsoever;
1.2.7 “freight” means all charges due to the Carrier for or in connection with a shipment intended for commercial purpose or involved in a commercial venture, including any associated charges and expenses and/or any storage charges and expenses incurred by the Carrier prior to loading and/or after discharge and/or any surcharges which the Carrier may levy;
1.2.8 “freight document” means the document (if any) issued by the Carrier for the receipt and shipment of a consignment of goods and includes without limitation any sea waybill, ticket, and internal electronic record produced by the Carrier as evidence of such consignment having been received for shipment on a vessel;
1.2.9 “injury” includes loss of life;
1.2.10 “Hague-Visby Rules” means the International Convention for the Unification of Certain Rules and Law relating to Bills of Lading, signed at Brussels on 22 February 1968 and the protocol in relation to SDRs signed at Brussels on 21 December 1979 as enacted into Canadian maritime law by the Marine Liability Act, S.C.2001, c. 6 the text of which can be accessed here:
https://laws-lois.justice.gc.ca/eng/ACTS/M-0.7/page-21.html#h-351621
1.2.11 “loss” and “damage” include financial and consequential loss and damage (including loss of profit) as well as physical loss of and damage to goods;
1.2.12 “misdelivery” means delivery other than in accordance with clause 8 of these Conditions;
1.2.13 “redelivery” means the transfer of responsibility for goods at the port of discharge from the Carrier to the Shipper and/or Consignee;
1.2.14 “the parties” means the Carrier and Shipper;
1.2.15 “Shipper” means the person who enters into a contract with the Carrier for a shipment and/or who has control of the goods delivered to the Carrier for shipment and who is in any event liable for the payment of freight, but also includes where the context permits any other person with an interest in the goods or any part thereto, including the shipper, receiver, and Consignee of the Unit.
1.2.16 “shipment” means the carriage on board a vessel of goods and of any person accompanying the goods during their shipment;
1.2.17 “time of receipt” means the time at which goods are received by the Carrier at the port of loading as evidenced by the issue of a freight document or in the case of goods previously stored at the port, the time they are declared for shipment by the Shipper;
1.2.18 “Unit” means any vehicle inclusive of any trailer, transportable tank, flat pallet, package or other type of equipment used for carrying persons or cargo as well as any property or cargo which is placed or contained therein;
1.2.19 “vehicle” means any vehicle built, or being used, for commercial purpose or involved in a commercial venture, any commercial vehicle which rolls or is capable of being towed, including the tractor or trailer alone, whether accompanied or not by a driver, and all containers, pallets, and other means of carriage, as well as the goods which are placed or contained therein;
1.2.20 “vessel” means any vessel owned or operated by the Carrier for the carriage of goods by se
2. PARAMOUNT CLAUSE
2.1 Hague‑Visby Rules apply to carriage of Units. Regardless of whether or not a BILL OF LADING OR ANY OTHER DOCUMENT OF TITLE WILL BE OR IS ISSUED BY CARRIER, this contract expressly incorporates the provisions of Marine Liability Act and the Hague‑Visby Rules and shall also be deemed to incorporate the description and identity of the Unit, Shipper, and Consignee set out in a notice or booking issued by the Carrier confirming that the Units have been booked. It is expressly agreed between the Shipper and Carrier that the Carrier shall, in all cases, be entitled to all the rights and immunities, including limitation of liability contained in the Hague‑Visby Rules, whether the Unit is carried on or below deck.
2.2 Convention applies to carriage of any drivers or persons. Carriage of any driver or other person accompanying the Units shall be governed by the provisions the Carrier’s TERMS FOR CARRIAGE OF PASSENGERS AND THEIR LUGGAGE and the Convention which shall be deemed to be incorporated herein by reference.
2.3 These Conditions to Prevail. These Terms prevail over the conditions contained in any Receipt or other document issued by the Carrier for the purpose of acknowledging receipt of goods or money paid by the Shipper pursuant to this contract.
3. PAYMENT OF FREIGHT AND LIEN
3.1 Freight. Unless otherwise agreed in advance, the payment of freight to the Carrier in respect of a shipment is due from Shipper at the time of booking, but freight shall in any event be deemed earned immediately upon loading. Once paid or deemed earned, it shall not be repayable in any circumstances whatsoever and notwithstanding any agreement for freight to be paid by any other person, Shipper shall at all times remain liable for payment.
3.2 Unless otherwise stated on the Carrier website, freight is based on one-way transportation, listed in Canadian Dollars (CAD) and subject to applicable taxes.
3.3 Surcharges. Carrier shall be entitled at any time prior to actual shipment to levy a surcharge in respect of variations in currency exchange rates, fuel prices, and any other relevant expense outside the Carrier’s control.
3.4 Lien. Carrier shall have both a particular lien and a general lien on all Units and documents in the Carrier’s possession or control for the payment of:
3.4.1 any unpaid freight and any other sum whatsoever due from any person(s) with an interest in the Units, and whether or not such liability is joint or several, whether or not such liability is in respect of the Units subject to the exercise of the lien, and whether or not arising in respect of any other Units belonging to the person whose Units are subject to the exercise of the lien, and
3.4.2 any other sums which may become due to the Carrier by reason of and pursuant to these conditions.
Carrier shall be entitled to sell such Units (or any part thereof) as may be necessary and to apply the proceeds of sale in settlement of any unpaid sum due, inclusive of all proper charges and expenses associated with such exercise of the lien and power of sale (including any legal costs and expenses reasonably incurred).
3.5 Carrier shall not be obliged to give notice to any person of the exercise of a lien nor of the Carrier’s intention to sell any Units as aforesaid, but the Carrier will not exercise such right of sale earlier than one month after the Units have been discharged from the vessel.
4. DISCRETION OF THE CARRIER
4.1 Carrier will use all reasonable endeavours to carry goods to the port of destination as soon as the Carrier is reasonably able to do so. Carrier reserves the right in its sole discretion to substitute one ship for another, to deviate from or to delay or cancel a scheduled sailing without notice, and to refuse to load goods on a vessel if in the opinion of the vessel’s Master such loading would constitute a danger to life or to property or to the vessel. Carrier shall not be liable in any way whatsoever for any delay, regardless of cause.
4.2 In the event of Delays or Cancellations, the Carrier’s Delays and Cancellations Policy shall apply for any booking.
5. SHIPPER’S WARRANTIES, INDEMNITIES AND RESPONSIBILITIES
5.1 Shipper’s Warranties. By presenting Units for shipment, the Shipper agrees and warrants that:
5.1.1 he is authorised to contract and accept these conditions on behalf of himself, the Consignee and every person with an interest of any nature in the Units;
5.1.2 he is authorised to agree on behalf of any person holding a proprietary interest in the Units to the Carrier’s rights as set out in these conditions;
5.1.3 the cargo has been properly packed and secured within the Unit for the sea voyage and the Carrier has no liability for damage to goods within a Unit not so properly packed and secured. The Carrier will not check such packing and securing;
5.1.4 any damage to the Units will be brought to the attention of the Carrier if discovered or if, in the Carrier’s sole discretion, reasonably discoverable at the port of loading before the Shipper leaves the port of loading;
5.1.5 the cargo is suitable and has been properly and adequately described and parked for the purposes of carriage by sea;
5.1.6 the cargo is lawful merchandise at the ports of loading and discharge and the Shipper shall be liable for any and all financial consequences in the event that the cargo is found not to be lawful merchandise at the ports of loading and discharge;
5.1.7 any person accompanying the Units is properly authorised to do so and will comply with the requirements and policies of the Carrier in respect of the carriage of passengers, all applicable regulations (including road transport regulations) applicable at the ports of loading and discharge, and with all lawful instructions given by the Carrier. Copies of Carrier’s policies are available on request or online at https://labradormarine.com/;
5.1.8 the Carrier is specifically authorised (but not required) to take any reasonable steps for the purposes of inspecting or checking the cargo where the Carrier reasonably believes that it is necessary to do so for any reason whatsoever or where the Carrier is asked or instructed to do so by any customs or other authority, whether at the ports of loading or discharging or elsewhere;
5.1.9 the Consignee is properly authorised to take delivery of the Units at the port of discharge;
5.1.10 the Unit does not contain any stowaways at the time of receipt and at the port of loading onto a vessel at the port of loading and the Shipper shall be liable for any and all financial consequences in the event that stowaways are found in any Unit at any stage, including during shipment or at the port of discharge;
5.1.11 the travel is for a commercial purpose or involvement in a commercial venture;
5.1.12 that it will report damage or loss to any Unit in a timely manner in accordance with the requirements of the Hague-Visby Rules, and afford the Carrier a reasonable opportunity to inspect such alleged damage;
5.1.13 he is not a sanctioned party under any applicable sanctions laws;
5.1.14 all documentation for the cargo as required by customs, health and any other regulations or authorities (including any necessary safety and security declarations) is correct, has been obtained and is available for inspection if required; and
5.1.15 every person (whether or not authorised) travelling with a Unit has all the documentation required by immigration, customs, health and other regulations and authorities.
5.2 Drugs & Alcohol Policy. Shipper shall comply with Carrier’s Drugs and Alcohol Policy. In the event that the Carrier has any reason to believe that Units may be loaded on board a vessel whilst accompanied by any person under the improper influence of alcohol or drugs or otherwise in violation of the Carrier’s terms for the carriage of passengers, the Carrier shall be entitled to refuse to carry those Units and the Carrier shall have no liability to any person as a result of such refusal.
5.3 Shipper’s Liability. The Shipper agrees to be responsible for and indemnify the Carrier against:
5.3.1 any and all financial consequences of a breach of the Shipper’s warranties as set out at clause 5.1 above and of any breach of clause 5.2 above;
5.3.2 any and all financial consequences resulting from the inaccuracy or inadequacy of the description, weight, number, measure, quantity, marks, value, condition, quality or content of Units and/or from defective loading and overloading of a Unit and/or from the inadequate securing, packing, sealing or stuffing of Units;
5.3.3 any and all financial consequences resulting from damage caused by the Units, including damage to the vessel or other property; and the Carrier’s expenses incurred in repairing or attending to a Unit or securing its contents. Carrier’s assistance is provided without warranty, and Carrier is not liable for resulting loss or damage;
5.3.4 operating or maintaining refrigeration or heating equipment of goods or Units while on ship or on Carrier’s premises;
5.3.5 generally, any and all liabilities which the Carrier may incur to any third party insofar as the same arises out of the negligence of the Shipper or those for whom it is responsible;
5.3.6 any liabilities of the Carrier in excess of the limits under these conditions; and
5.3.7 any and all financial consequences resulting from the breakdown of the Shipper’s vehicle.
5.4 Shippers are responsible for submitting all safety and security declarations in accordance with the requirements of the relevant competent authorities. This includes declarations for unaccompanied bookings.
5.5 The Carrier’s right of lien for unpaid freight as provided by section 3.4 above shall extend to any financial consequences arising under this section 5.
6. CARRIER’S RIGHTS AND RESPONSIBILITIES
6.1 According to the practice of the Carrier and/or the facilities available and always at the Carrier’s sole option in any event, the condition of Units may (but without any obligation on the Carrier) be evidenced either by contemporaneous video recording, photographs or by a written condition report, and the same shall be conclusive evidence thereof.
6.2 The Carrier shall not be responsible for checking the seals or seal numbers on any Unit and shall not be obliged to carry out any check or to note a seal number on any document if asked to do so. Where the Carrier does nevertheless agree to note a seal number, this shall not amount to a representation by the Carrier as to the accuracy of the number nor to the condition of the seal and in no circumstances shall the Carrier have any liability for any consequences of agreeing to do so.
6.3 The Carrier shall at all times be entitled to (but without any obligation on the Carrier) inspect any Unit. In respect of an accompanied vehicle, the driver should be at the Carrier’s disposition, from arrival at the port of loading, during loading on board the vessel, during shipment and until off-loading at the port of discharge. The driver is obliged to participate in any Unit inspection both at the port of loading and port of discharge. If the driver is absent, or if the Unit is not accompanied by a representative of the Shipper, the inspection report shall be deemed to be irrefutable evidence of the condition of the Unit at the time of inspection.
6.4 At the request or with the consent of a driver or Shipper, the Carrier and its crew may operate, manoeuvre, drive or park a Unit for the purposes of loading, stowage or discharge. Any such operation shall be deemed part of the carriage of the Unit, shall be performed without warranty, and shall be subject to all exclusions, limitations and indemnities contained in these Terms. The Carrier shall not be liable for any loss or damage arising from such operation except to the extent caused by proven gross negligence or wilful misconduct.
6.5 Upon written request by or on behalf of the Shipper, and subject to availability on board (which is not guaranteed), the Carrier will use reasonable endeavours to provide and maintain a supply of power to any Unit but in no circumstances whatsoever shall the Carrier be liable for any failure to do so or for any breakdown, interruption, inadequacy or unsuitability of the power so supplied.
6.6 Loading and discharging shall be at the expense of the Carrier but the Shipper shall indemnify the Carrier against all financial consequences for the Carrier, howsoever caused, of the breakdown of any Unit (included a refrigerated Unit) during the course of loading or discharge, and whether on board or ashore.
6.7 The Carrier shall be entitled to stow any Units either on deck or below deck at its sole option and these conditions, including the Hague-Visby Rules, shall apply regardless of whether the Units are stated to be carried on or below deck and/or are in fact carried on or below deck.
6.8 The Carrier shall at all times be entitled to refuse to carry, or to delay the carriage of:
6.8.1 new and second-hand trade vehicles;
6.8.2 any vehicle of unusual dimensions (including without limitation caravans and combine harvesters) and vehicles whose loads exceed the dimensions of the vehicle;
6.8.3 any other vehicle at the Carrier’s reasonable discretion;
6.8.4 live animals. The Shipper shall notify the Carrier in advance of all shipments of live animals and such shipments shall only be permitted once approval is received from the Carrier. The Carrier is entitled at all times to refuse to carry (or to delay the carriage of) live animals. Any shipment of animals shall comply with the Carrier’s policies in respect of such animals. Copies of these policies are available on request or online at https://labradormarine.com/.
6.9 Carrier’s Liberties. In any circumstance where the Carrier in its sole discretion deems it necessary or otherwise appropriate, the Carrier shall be at liberty:
6.9.1 to carry the Units on any vessel;
6.9.2 to trans-ship Units on another vessel (whether or not owned or operated by the Carrier);
6.9.3 to sub-contract all or some of the Units to any other carrier;
6.9.4 to order a vessel to deviate en route in circumstances where the Carrier reasonably deems the same necessary or for any purpose whatsoever;
6.9.5 to abandon the voyage or to proceed to any other port (including a return to the port of loading) and to take such steps in respect of the Units as are deemed appropriate where the Carrier reasonably believes that the vessel will, through no fault on the part of the Carrier but otherwise for any reason whatsoever, be unable to perform the voyage in accordance with the contract in any material respect; and
6.9.6 to open any unit or otherwise handle Units if directed or requested to do so by Customs or any other competent authority or if the Carrier in its sole discretion reasonably considers it necessary to do so, and any expense thereby incurred shall be for the Shipper’s account.
In all of the aforesaid events, in no circumstances whatsoever shall the Carrier have any liability to any party for any consequences thereof.
7. DANGEROUS CARGO
7.1 The Carrier shall be under no obligation to receive or to carry dangerous cargo without having expressly agreed in advance to do so.
7.2 The Shipper shall provide the Carrier with all information required as to the necessary precautions to take in respect of dangerous cargo and shall affix to the relevant Unit all necessary notices to comply with applicable regulations and legislation in order to indicate that the cargo is dangerous, in the absence of which the Carrier shall have an absolute right to refuse shipment. The Carrier shall at all times be entitled to (but without any obligation on the Carrier) inspect any dangerous cargo for the purpose of taking necessary precautions.
7.3 The Shipper shall always be responsible for any injury, loss or damage resulting from such carriage. The Carrier shall be entitled at its sole discretion to disembark, destroy or otherwise render innocuous such cargo without liability to compensate the Shipper and/or any other person for any resulting loss, and in such event, the Shipper shall remain responsible for all freight and other charges due to the Carrier as well as for the costs and expenses incurred by the Carrier in taking such action.
8. DELIVERY AND CUSTODY
8.1 The Carrier shall take delivery and custody of the Units pursuant to the contract of carriage from the time that the Unit crosses the vessel’s ramp or rail at the port of loading until the time that the unit passes across the vessel’s ramp or rail at the port of discharge. Outside the period of the Carrier’s responsibility as aforesaid, all such Units shall be at the sole risk of the Shipper and the Carrier shall have no responsibility whatsoever for any loss or damage howsoever arising.
8.2 Acceptance, Storage and Pickup of Units.
8.2.1 Units requiring indoor storage will only be permitted for short term storage of goods to/from the port(s) only and subject to availability of such facilities; no long-term storage is permitted.
8.2.2 Units accepted for storage prior to shipping will be accepted at wharfinger’s discretion and only in the time immediately prior to vessel’s arrival to the port.
8.2.3 Units outbound that require protection shall be shipped as close to vessel departure as possible to prevent blocking sheds (if any) and the dock when the ship arrives to unload.
8.2.4 Units discharged requiring protection from the weather when the vessel discharges may be stored in an available shed (if any) or left at the dock but the Shipper or Consignee MUST take delivery of the Unit by 5:00 PM the day after the Unit is landed at the port. If the Unit is not picked up within that timeframe, it will be subject to demurrage and/or storage charges, but such charges shall not increase liability of Carrier.
8.2.5 Units that are uncollected for an extended period may be (i) returned to the port of origin where the Shipper or Consignee will be required to pick them up and pay the demurrage and return freight charge from the point of origin, or (ii) even though the Carrier is not a warehouser nor a bailee of the Units, sold in accordance with the provisions of the Warehouser’s Lien Act, RSNL1990 CHAPTER W-2.
8.3 No liability for storage. The Shipper and/or the Consignee shall be jointly and severally liable to indemnify the Carrier against any financial liabilities which the Carrier may incur to the terminal, storage, or port facility by reason of the use of such facilities. Neither the Carrier nor the terminal, storage or port facility (including its employees and agents) shall be liable to the Shipper and/or the Consignee and/or any other person in respect of such use.
8.4 Apparent Authority. The Carrier shall be entitled to permit collection of Units by any person who reasonably appears authorised to do so and such collection shall constitute full and proper performance of the Carrier’s obligations in this respect. The Carrier shall from time to time set out the documents required to be presented by the person in order to satisfy the Carrier that the person is authorised to collect the Units.
9. LIABILITY OF THE CARRIER
9.1 Carrier will receive, load, stow, carry, discharge and otherwise generally handle and keep the Units in accordance with the Hague-Visby Rules save that:
9.1.1 each Unit shall be deemed to be a single package or unit for the purposes of paragraph 5 of Article IV of the Hague-Visby Rules; and
9.1.2 Carrier’s liability for any loss of or damage to Cargo or in connection with any Unit that is carrying Cargo shall in all circumstances be determined and limited in accordance with the Hague-Visby Rules.
9.2 In no circumstances shall the Carrier be liable for, and the Shipper hereby releases, and jointly and severally in its own name and on behalf of the Consignee agrees to indemnify, defend and hold the Carrier harmless in relation to:
9.2.1 delay, howsoever and whensoever caused;
9.2.2 loss of use of the Units or any part thereof, any loss of profit, production or business or any form of consequential loss or damage howsoever and whensoever caused;
9.2.3 misdelivery of the Units howsoever caused;
9.2.4 any deterioration in or damage to the bodywork (including canvas and any other covering material) or tyres of a Unit during the period of the Carrier custody which shall be presumed to be due to normal wear and tear unless proved to have been caused by the Carrier;
9.2.5 any accident, injury, illness, death, loss or damage to live animals howsoever and whensoever caused;
9.2.6 Units carried on deck howsoever and whensoever caused;
9.2.7 any loss or damage resulting from failure or malfunction of heating or refrigeration equipment related to the goods;
9.2.8 loss or damage to goods caused by the Shipper or Consignee, or their respective agents, while such persons are handling the goods on ship or on the Carrier premises;
9.2.9 any claims relating to (i) any loss of use (including, without limitation, loss of use or the cost of use of property, equipment, materials and services including without limitation, those provided by contractors or subcontractors of any tier or by third parties), loss of profits or anticipated profits; loss of product; loss of business; business interruption; loss, restriction or forfeiture of licences; loss of revenue, loss of production, deferral of production, increased cost of working; cost of insurance; or any other similar losses whether direct or indirect; and (ii) any loss or damage which does not arise naturally in the ordinary course;
9.2.10 any loss or damage arising or resulting from an event listed in paragraph 2 of Article IV of the Hague Visby Rules; and
9.2.11 any loss or damage occurring outside the period of the Carrier’s responsibility as stipulated in section 8.1 howsoever caused.
10. CLAIMS
10.1 Notice of Claim. Removal of the Units from the port of destination shall be prima facie evidence of proper delivery unless either (i) a written acknowledgement of damage is obtained from the Carrier at the port of destination at the time of removal of the Units; or (ii) notice of loss or damage, including the general nature of the loss or damage, is given to the Carrier at the port of destination at the time of removal of the Units or, if the loss or damage is not apparent at such time, is notified to the Carrier in writing within 3 days of such removal.
10.2 Time Bar. Carrier shall be discharged from all liability whatsoever in respect of the Units, unless suit is brought within one year of their delivery or of the date when they should have been delivered.
11. HIMALAYA CLAUSE
11.1 No servant or agent of the Carrier (including every independent contractor from time to time employed by the Carrier) shall in any circumstances whatsoever be under any liability whatsoever to the Shipper, Consignee or owner of the goods or to any holder of this contract for any loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect or default on his part while acting in the course of or in connection with his employment and, without prejudice to the generality of the foregoing provisions of this clause, every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defense and immunity of whatsoever nature applicable to the Carrier or to which the Carrier is entitled hereunder shall also be available and shall extend to protect every such servant or agent of the Carrier acting as aforesaid and for the purpose of all the foregoing provisions of this clause the Carrier is or shall be deemed to be acting agent or trustee on behalf of and for the benefit of all persons who are or might be his servants or agents from time to time (including independent contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to the contract in or evidenced by this Contract.
12. GENERAL AVERAGE
12.1 The Units shall contribute in General Average whether carried on or under deck. General average shall be adjusted at any port or place at the Carrier’s option and settled in accordance with the York Antwerp Rules 2016, but in no circumstances shall there be any recovery in respect of loss of or injury to livestock, whether by jettison or otherwise.
13. DEMISE CLAUSE
13.1 If the ship is not owned by or chartered by demise to the Carrier by which the goods are intended to be carried hereunder (as the case may be notwithstanding anything that appears to be the contrary), this contract shall take effect only as a contract with the owner or demise charterer, as the case may be, as principal, made through the agency of Labrador Marine Inc. or the said ocean Carrier which in either case acts as agent only and which be under no personal liability whatsoever in respect thereof.
14. APPLICABLE LAW AND JURISDICTION
14.1 Applicable law. The contract formed by these Terms shall be interpreted in accordance with Canadian maritime law and the laws of the Province of Newfoundland and Labrador with Canadian maritime law taking precedence.
14.2 Jurisdiction. The parties submit to the exclusive jurisdiction of Federal Court of Canada with respect to any matter arising hereunder. The parties to this Contract hereby waive any venue or other objection to any such action being brought in any other court except as aforesaid.
15. OTHER IMPORTANT TERMS
15.1 Notices. Either party giving notice under these Terms shall ensure that it is effectively given and such notice shall be treated as received during the recipient’s office hours. If such notice is sent outside the recipient’s office hours it shall be treated as received during the recipient’s next working day. For the purpose of giving notices the Carrier may rely on the contact details provided by Shipper at the time of booking.
15.2 Assignment. Carrier may transfer the Carrier rights and obligations under these Terms to someone else. Carrier may transfer the Carrier rights and obligations under these Terms to another organisation, but this will not affect Shipper rights or the Carrier obligations under these terms. Shipper needs the Carrier’s consent to transfer Shipper rights to someone else. Shipper may only transfer Shipper rights or Shipper obligations under these Terms to another person if the Carrier agrees to this in writing.
15.3 Severance. If by reason of any enactment or judgment any provision of these Terms are be deemed or held to be illegal, void or unenforceable in whole or in part, all other provisions of these Terms shall be unaffected thereby and shall remain in full force and effect.
15.4 Non-waiver. Even if the Carrier delays in enforcing these Terms, the Carrier can still enforce them later. If the Carrier does not insist immediately that Shipper do anything Shipper is required to do under these Terms, or if the Carrier delays in taking steps against Shipper in respect of Shipper breaking this contract, that will not mean that Shipper does not have to do those things and it will not prevent the Carrier taking steps against Shipper at a later date.
15.5 Inconsistencies between these Terms and any other applicable terms. Where there is any inconsistency between these Terms and any applicable terms, the terms with the most favourable provisions to the Carrier shall prevail.
15.6 Entire Agreement. These Terms, including all bills of lading and any other documents issued by the Carrier in relation to the booking, is the entire agreement between the Carrier and Shipper, which supersedes all previous written or oral understandings and which may not be modified except by a written amendment signed by the Carrier.
