Terms of Service

1. About These Terms

These terms form the agreement between you and Asg Carrier Inc. for access to the website and for the services described on it. They apply to every visitor, to every shipper and consignee, to every driver engaged to run a lane and to every client that commissions a systems design engagement.

Where these terms conflict with a written engagement agreement signed by Asg Carrier Inc., the signed agreement prevails for the matters it covers. Where these terms conflict with a mandatory rule of law, the rule of law prevails, and the remaining terms continue to apply.

Headings are included for navigation and do not change the meaning of a clause. A reference to a document such as a waybill or a dock sheet means the document as issued by the desk for a particular shipment, including any correction note added to it.

2. Definitions

In these terms the following words carry the following meanings.

• The Company means Asg Carrier Inc., operating from 320 Mill St, Woodstock - N4S 2X7, Canada (CA).
• The Desk means the mill race desk operated by the Company, including its waybill bay, dock sheet run, driver note desk, route check window, fuel log review and dock booking sitting functions.
• Client means a person or organisation that engages the Company for a shipment, a records service or a systems design project.
• Consignee means the person or organisation named on a waybill as the receiver of a load.
• Shipment means a load tendered to the Company for carriage, from the pickup point to the receiving door.
• Waybill means the shipping document issued by the Desk that identifies the shipper, the consignee, the commodity and the applicable window.
• Dock Sheet means the document issued by the Desk that travels with the crew and records the receiving details and signature at each door.
• Driver Note means a note written by hand by a driver and filed beside the waybill it describes.
• Booking Sitting means the scheduled desk session at which dock slots for the next working day are assigned and signed.
• Systems Design Engagement means a project for computer integrated systems design or a related professional service.

3. Services Provided

The Company provides six cartage service lines and a systems design service. The cartage lines are Waybill Bays, Dock Sheet Runs, Driver Note Desks, Route Check Windows, Fuel Log Reviews and Dock Booking Sittings. Each line is a station on the same loop, and the Company may decline a shipment if a station cannot be completed to the standard described in these terms.

The systems design service covers computer integrated systems design and related professional work for clients that run a physical process and need software to match it. The scope of each project is set out in a written proposal accepted by the client before work begins.

The Company may subcontract part of a shipment to a carrier or a driver of its choosing. The Company remains responsible to the client for the shipment as a whole, and the subcontractor is bound by the standards described in this document.

4. Use of the Website

The website is provided for information and for contacting the Desk. You may read the pages, print them for your own reference and use the contact form to prepare a message. You may not copy the site content for a competing service, remove a copyright notice, or present the content as your own.

You agree not to interfere with the operation of the website, not to attempt unauthorised access to any server or account, and not to submit content that is unlawful, defamatory or malicious. Automated scraping that places a heavy load on the site is not permitted without written consent.

The contact form does not send data to a server. It prepares a message in your mail program, and you decide whether to send it. Because of that design, the Company does not receive a form message unless you complete the send in your mail program, and the Company is not responsible for a message that was never sent.

5. Cartage Service Terms

The Company accepts a shipment when the Desk issues a waybill number for a tender and the client has agreed the applicable charges in writing. A verbal request is not an accepted shipment until the waybill is cut and the Desk confirms the window.

The Company will carry out the shipment with reasonable care and within the window confirmed at booking. Time is not of the essence unless the client has specifically requested a guaranteed window in writing and the Company has accepted it and priced it as such.

The Company may choose the route, the vehicle and the crew for a shipment. Where the client has specified a receiving door or an appointment, the Desk will record that instruction on the waybill and pass it to the crew, and the client is responsible for the accuracy of the instruction.

Where a load cannot be delivered because the receiving door is closed, the paperwork is refused or the consignee is unavailable, the crew will record the event in a driver note and the Desk will contact the client for instructions. Storage, redelivery and waiting charges may apply as described in the fees section.

6. Waybills and Documentation

The waybill is the controlling document for a shipment. It records the shipper, the consignee, the commodity class, the window and the number assigned by the waybill bay. The client is responsible for the accuracy of the information supplied for the waybill, including the consignee address and the commodity description.

A waybill that misstates the commodity or understates the weight may be corrected by the Desk before the load leaves the bay. Where a correction changes the charges, the client is informed and the revised charge applies from the corrected waybill.

Waybills, dock sheets and driver notes are kept at the Woodstock mill desk of Asg Carrier Inc. A client may request a copy of a waybill record by quoting the waybill number and the run date. The Company may charge a reasonable administrative fee for a repeated copy request.

7. Dock Sheets and Signatures

The dock sheet travels with the crew and records the arrival details at each door. A signature on the dock sheet confirms that the consignee received the load described on the sheet, subject to any discrepancy noted on the same sheet.

The consignee is responsible for examining the load at the time of delivery and for noting any visible damage, shortage or overage on the dock sheet before signing. A signature given without a notation is evidence that the load was received in the condition described on the sheet.

Where a consignee signs for a load that is later found to be damaged, the Desk will review the dock sheet, any driver note and the receiving record before deciding whether a claim is valid. The Company may decline a claim that is contradicted by an unqualified signature and the absence of any contemporaneous note.

8. Driver Notes as Evidence

Driver notes are written by the crew in their own hand and are filed beside the waybill they describe. The Company treats a driver note as part of the shipment record and, where a dispute arises, as evidence of what happened at a door.

A client or a consignee may ask to see the driver note for a shipment. The Company will provide a copy where the requesting party has a legitimate interest in the shipment, subject to the privacy rights of the driver and any third party named in the note.

A driver note is not a substitute for a formal claim. A party that believes it has a claim must follow the claims process described below, and the driver note will be considered alongside the dock sheet and the waybill.

9. Route Checks and Fuel Reviews

The Desk conducts route checks inside fixed windows and records the variance between the planned leg and the driven leg. The Desk also reviews fuel logs against the distance ledger. These records support honest planning, and the client agrees that the Company may use them to explain a delay, a redelivery or a charge.

A route variance does not by itself entitle a client to a refund. Where a variance is caused by the Company, the client may request an adjustment, and the Desk will review the record and respond in writing. Where a variance is caused by a road closure, a receiver delay or another event outside the Company control, no adjustment is due.

Fuel reviews are conducted for operational and accounting purposes. A figure produced by a review is not published, and a client may request a summary of the review for a shipment that the client tendered.

10. Dock Booking and Timings

Dock slots are assigned at a booking sitting and confirmed in writing. A slot is not reserved until the written confirmation is sent. The Desk will make reasonable efforts to hold a requested slot, but a slot may be reassigned where a higher priority shipment is accepted at the same sitting and the client has not yet confirmed.

The client is responsible for ensuring that the consignee can receive the load within the booked window. Where a receiving door is not ready at the appointed time, waiting charges may apply, and the Desk may reschedule the delivery at the next available slot.

The Desk opens its booking window each working morning. Requests received after the window has closed are considered at the next sitting. Saturdays are reserved for sittings by arrangement, and the Desk is closed on Sundays and on Canadian statutory holidays.

11. Systems Design Engagements

A systems design engagement begins with a written proposal that describes the scope, the deliverables, the milestones, the acceptance criteria and the fee. Work begins when the client accepts the proposal in writing and pays any agreed deposit.

The client agrees to provide timely access to the people, documents and systems needed for the project. A delay caused by the client extends the project timeline by a reasonable period, and the Company may revise the fee where the delay adds cost.

Deliverables are accepted when they meet the acceptance criteria in the proposal. The client has ten working days to review a deliverable and raise a written objection. Where no objection is raised in that period, the deliverable is deemed accepted. The Company will correct a defect in a delivered item at no charge during the warranty period stated in the proposal.

The client owns the project specific deliverables on final payment, subject to the Company rights in pre existing tools, libraries and methods. The Company may reuse a general purpose component that it developed independently of the client and that does not contain client confidential information.

12. Client Obligations

The client agrees to supply accurate information for every shipment and every project, to respond to Desk enquiries within a reasonable time and to ensure that the people named on a shipment are authorised to act for the client.

The client is responsible for packing goods adequately for the mode of transport, for labelling each unit clearly and for providing the documentation required by law for the commodity. Where a load arrives at the bay in a condition that cannot be carried safely, the Desk may refuse it and record the reason.

Where the client provides data for a systems design project, the client confirms that it has the right to share that data and that the sharing complies with the privacy obligations that apply to the client.

The client agrees to pay the charges in accordance with the fees section and to notify the Desk promptly of any change to a billing contact or a company address.

13. Fees and Payment

Charges for a shipment are based on the rate agreed for the lane, the weight and class recorded on the waybill, and any accessorial charge set out below. Charges for a systems design engagement are based on the fixed price or the time and materials rate stated in the proposal.

Invoices are issued at the end of the shipment or at the milestone stated in the proposal. Payment is due within thirty days of the invoice date unless another term is agreed in writing. A late payment may attract interest at the rate stated on the invoice, applied from the due date until payment is received.

The Company may require a deposit before a project begins or before a shipment on a new lane is accepted. A deposit is applied to the final invoice, and it is refundable only where the terms of the engagement allow it.

All amounts are stated in Canadian dollars unless the invoice states otherwise. Taxes are added where the law requires them, and the client is responsible for any duty, tax or fee imposed by a destination authority.

14. Fuel and Accessorial Charges

The Company may apply a fuel surcharge where the cost of fuel moves outside the band assumed in the lane rate. The surcharge is calculated from the published pump price and is shown as a separate line on the invoice, so that the client can see how it was derived.

Accessorial charges may apply for waiting beyond the free period at a receiving door, for a redelivery after a failed appointment, for inside delivery, for a lift gate requirement, for extra handling at the bay and for storage when a load is held at the mill yard. The Desk will inform the client before an accessorial charge is incurred where it is practical to do so.

A charge that the client disputes must be raised in writing within the period stated in the claims section, with the waybill number and the invoice reference. The Company will review the record and issue a corrected invoice if the charge was applied in error.

15. Cancellation and Rescheduling

A client may cancel a shipment before the crew departs. A cancellation made after the trailer has been loaded may attract a charge for the work already performed, including the bay handling and the crew time.

A cancellation made after the crew has departed may attract the full lane charge where the truck cannot be redeployed on the same day. The Desk will make reasonable efforts to redeploy the truck and will reduce the charge where a replacement load is found.

A rescheduling request is treated as a new booking request. The Desk will attempt to move the shipment to the requested window, but the original window is not guaranteed once a shipment has been rescheduled.

For a systems design engagement, the cancellation terms are those stated in the proposal. Where the proposal does not state a term, a client may cancel with thirty days written notice and pay for work performed up to the date of cancellation.

16. Limitation of Liability

The Company is liable for loss or damage to a shipment caused by its negligence or by a failure to perform the cartage service with reasonable care, subject to the limits stated in this section and to any convention or statute that applies to the route.

The Company liability for a shipment is limited to the lesser of the actual loss and the amount recovered under the cargo insurance arranged for the shipment, or, where no insurance applies, to the limit stated in the applicable transport convention or in the engagement agreement. The Company is not liable for indirect loss, loss of profit, loss of market or consequential loss.

For a systems design engagement, the Company total liability arising from the project is limited to the fees paid for the project in the twelve months before the claim arose. The Company is not liable for indirect loss, loss of data that the client failed to back up, or loss caused by a client modification of a delivered system.

Nothing in these terms excludes a liability that cannot be excluded by law.

17. Claims and Time Limits

A claim for visible loss or damage must be noted on the dock sheet at the time of delivery. A claim that is not noted on the dock sheet must be submitted in writing to the Desk within the period stated in the applicable convention, or within thirty days of the delivery date where no convention applies.

A claim for a billing error must be submitted in writing within thirty days of the invoice date, with the invoice reference and the waybill number. A claim submitted after that period may be declined unless the client can show a reasonable cause for the delay.

A claim must include the waybill number, a description of the loss or damage, the value claimed and any supporting documents such as photographs, a receiving report or a repair estimate. The Company will acknowledge a claim within five working days and will complete its review within thirty days where the record is complete.

Where a claim is accepted, the Company will pay the amount due or arrange a credit against a future invoice, at the client choice. A claim that is declined will receive a written explanation and a reference to the review process.

18. Insurance and Cargo Coverage

The Company maintains the insurance required for its operations. The insurance arranged for a shipment depends on the commodity and the route, and the level of cover is stated in the engagement agreement or on the waybill where a declared value is recorded.

A client that requires cover above the standard level must declare the value in writing before the load leaves the bay and pay the additional premium. A value declared after departure may not be accepted, and the Company will not be liable beyond the standard limit in that case.

Excluded goods, including goods that are prohibited or that require special handling not recorded on the waybill, are not covered. The client is responsible for insuring any item that falls outside the arranged cover.

19. Prohibited Goods and Use

The Company does not carry dangerous goods unless the commodity is declared, the required documentation is supplied and the appropriate vehicle and crew are assigned. The Company does not carry a load that is illegal to possess or to transport, including a load that is stolen or that is subject to a customs prohibition.

The Company may inspect a load at the bay to confirm the commodity and the packaging. Where an inspection reveals a discrepancy between the declared commodity and the actual load, the Company may refuse the shipment, record the reason and return the load to the shipper.

A client that tenders a prohibited or misdeclared load is responsible for any loss, fine or cost that arises from it, including the cost of returning the load and any penalty imposed by an authority.

20. Confidentiality

Each party agrees to keep confidential the information that the other party discloses in the course of a shipment or a project and that is marked confidential or that a reasonable person would treat as confidential. This includes rates, route data, client lists, project documents and system designs.

Confidential information may be used only for the purpose of the engagement. It may be disclosed to an employee or a contractor who needs it for the engagement and who is bound by a confidentiality obligation, and it may be disclosed where the law requires it.

The obligation of confidentiality continues after the engagement ends. It does not apply to information that is already public, that the receiving party held before the disclosure, or that the receiving party develops independently without using the confidential information.

21. Intellectual Property

The content of this website, including the text, the layout and the styles, belongs to Asg Carrier Inc. and may not be reproduced for a commercial purpose without written consent. The company name and any marks used on the site are the property of the Company.

In a systems design engagement, the client owns the deliverables on final payment as described in the project section. The Company retains ownership of its pre existing tools, methods and general purpose components, and it grants the client a non exclusive licence to use those components as part of the delivered system.

Where a client supplies its own materials, the client retains ownership of them, and it grants the Company a licence to use them for the engagement. A third party asset used in a project must be licensed in a way that permits the intended use, and the client is responsible for obtaining that licence unless the Company agrees otherwise in the proposal.

22. Third Party Services

The Company may use a third party service for hosting, accounting, communications or transport. The Company selects such a service with care and remains responsible to the client for the part of the work it has agreed to deliver.

A third party service may have its own terms and its own availability limits. The Company is not liable for a failure of a third party service that occurs outside its reasonable control, and it will make reasonable efforts to restore the service or to arrange an alternative.

A link from this website to a third party site does not make the Company responsible for the content of that site or for the practices of its owner.

23. Force Majeure

Neither party is liable for a failure to perform caused by an event outside its reasonable control, including a severe storm, a flood, a road closure, a fire, an epidemic, a labour dispute, a cyber attack that could not have been prevented by reasonable measures, or an act of a public authority.

The affected party must notify the other party promptly and describe the event and the expected impact. The parties will discuss a revised schedule in good faith. Where the event continues for more than thirty days, either party may end the affected engagement without a penalty, and the client pays for work performed up to that date.

A force majeure event does not relieve a party of the obligation to pay an amount already due, and it does not excuse a failure that the party could have avoided by reasonable preparation.

24. Suspension and Termination

The Company may suspend a service where a client fails to pay an invoice that is past due, where a shipment appears to involve a prohibited load, or where a client breaches these terms in a way that creates a risk to the Company or to another party. The Company will give written notice of a suspension and the reason for it.

A client may end a standing arrangement by giving thirty days written notice. Ending the arrangement does not affect a shipment already accepted or a project already in progress, and the client remains responsible for the charges accrued to that point.

Either party may end the agreement immediately where the other party becomes insolvent, enters administration or commits a material breach that is not corrected within fifteen days of written notice. On termination, the Company returns or destroys client confidential information as the client instructs, and the client pays the outstanding fees.

25. Governing Law and Disputes

These terms are governed by the laws of the Province of Ontario, Canada, and by the federal laws of Canada that apply in Ontario, without regard to a conflict of law rule. A shipment that passes through another jurisdiction may also be subject to a convention or a statute that applies to the route, and such a rule prevails where it is mandatory.

The parties will attempt to resolve a dispute through discussion between the Desk and the client. If discussion does not resolve the matter within thirty days, either party may refer the dispute to mediation in Woodstock, Ontario, before beginning a legal proceeding.

Where a legal proceeding is necessary, the parties submit to the exclusive jurisdiction of the courts of Ontario sitting in Woodstock, except that a party may seek an injunction in any court of competent jurisdiction to protect its confidential information or its intellectual property.

26. Changes to These Terms

The Company may update these terms to reflect a change in the law, in the services or in the way the Desk operates. When an update is material, the Company will publish the revised terms on this page, update the date and send a short notice to the contact address on file for an existing client.

An update applies to a new shipment or a new project from the date of publication. A shipment already accepted or a project already in progress continues under the terms that applied when it began, unless the parties agree otherwise in writing.

A client that does not accept an updated term may end the arrangement under the termination section before the next shipment or milestone begins.

27. Contact

Questions about these terms should be sent to the Desk by email at ask@asgcarrier.buzz or by telephone at +14353348503 during business hours. The postal address is Asg Carrier Inc., 320 Mill St, Woodstock - N4S 2X7, Canada (CA).

The Desk is open Monday to Friday from 8:00 to 17:00, with Saturday booking sittings by arrangement. It is closed on Sundays and on Canadian statutory holidays. A message received outside business hours is reviewed on the next working morning.

These terms are effective from the date shown on this page and replace any earlier version published on this website. Continued use of the website or the services after an update confirms acceptance of the revised terms.