FedEx Ground Terms and Conditions - Select Your …...business accounts, the balance does not exceed the credit limit established by FedEx Ground. “Overcharge” means a charge based

fedex.ca FEDEX SERVICE GUIDE 2005 81

FedEx GroundTerms and ConditionsTable of Contents

Definitions ............................................................82Account Numbers ................................................83Additional Charges ..............................................83Address Correction..............................................84Billing Options ....................................................84Claims

(a) Filing of Claims ......................................86(b) Acknowledgement of Claims ................86(c) Time Limit for Filing Claims ................86(d) Investigation of Claims ........................87 (e) Disposition of Claims ............................87(f) Damaged Property ..................................87(g) Spotted Trailers......................................88

Collect on Delivery (C.O.D.) Service................88

Counter Service ..................................................89

Credit Terms ........................................................89

Declared Value, Limits of Liability (Not Insurance Coverage) ................................89

Drop-off Shipments ............................................90

Fuel Surcharge ....................................................90

Inspection of Shipments ....................................90

Liabilities Not Assumed......................................90

Method of Payment ............................................92

Package Restrictions (Size and Weight) ........92

Packaging and Marking ......................................93

Pharmaceuticals ..................................................93

Pickup and Delivery Service(a) Pick-up Service ......................................93(b) Delivery Service ....................................93(c) Residential Package Surcharge ..........94(d) Rural Surcharges ..................................94(e) Refused Parcels ......................................94

Privacy ..................................................................94

Prohibited Items..................................................94

Proof of Delivery(a) Verification of Delivery..........................95(b) Automated Proof of Delivery

(Auto P.O.D.) ..........................................95(c) Proof of Delivery (P.O.D.)

Advantage................................................95

Rate Quotations ..................................................95

Refusal or Rejection of Shipments....................96

Returns(a) Package Returns Program (PRP)........96(b) FedEx Ground Call Tag

(Intra-Canada Shipments Only)..........96

International Service ConditionsA. Billing ........................................................96B. Customs Clearance ..................................96C. Right to Inspect ........................................97D. Duties and Taxes ......................................97E. Refused Parcels ........................................97F. Delivery Area Surcharge ..........................97G. Postal Codes and

Telephone Numbers ................................97H. Shipper Warranty ....................................98

Warranty Disclaimer ..........................................98

Effective February 28, 2005

This FedEx Service Guide, Canadian Edition, 2005 includes Part 1 –FedEx Express & FedEx Ground Guide to Services and Terms andConditions, effective February 28, 2005 and Part 2 – FedEx Expressand FedEx Ground Rates, effective January 3, 2005, and anyamendments thereto.

Please note that all amendments to the FedEx Service Guide will beposted on our website, fedex.ca.

82 FEDEX SERVICE GUIDE 2005 1.800 .GoFedEx

Terms and ConditionsThe preceding pages related to FedEx GroundPackage System, Ltd. (“FedEx Ground”) explainFedEx Ground’s services and certain conditions,restrictions, and requirements under which thoseservices will be rendered. The following pages includethose terms and conditions by reference and containfurther general and specific conditions (collectively,the “Ground Terms and Conditions”). These GroundTerms and Conditions are published in CD format andelectronically at fedex.ca. The downloadable version(pdf) of the FedEx Service Guide and the GroundTerms and Conditions at fedex.ca, as amended, iscontrolling.

If there is a conflict between these Ground Terms andConditions and the FedEx Ground Pick Up Record,the FedEx Ground website at fedex.ca, or othertransit documentation, the Ground Terms andConditions in the FedEx Service Guide at fedex.ca(the “Service Guide”), as amended, modified,changed or supplemented, will control.

Insofar as any provisions contained or referred to in this Service Guide, the FedEx Ground Pick UpRecord, the FedEx website, or other document, asamended or modified from time to time, may becontrary to any applicable international treaties, laws,government regulations, orders, or requirements, such provisions shall remain in effect as part of theagreement between FedEx Ground and the shipper,owner, and/or consignee, or any of their agents,employees, or servants, to the extent that they are not overridden. The invalidity or unenforceability ofany provision shall not affect any other part of thisService Guide, the FedEx Ground Pick Up Record,FedEx website, or other document.

Any failure by us to enforce or apply a term, conditionor provision of the FedEx Service Guide, includingthese Ground Terms and Conditions, does notconstitute a waiver of that term, condition orprovision, and does not otherwise impair FedExGround’s right to enforce or apply such term,condition or provision.

This Guide and any subsequent modifications,amendments, or supplements supersedes all previousservice guides, tariffs, amendments, supplements andother prior statements concerning the rates andconditions of the FedEx Ground services to which itapplies. The foregoing restriction does not apply to amodification applicable to a single customer andincluded in a FedEx Sales or FedEx CustomerAutomation Agreement. To the extent a conflict exists between a FedEx Sales or FedEx CustomerAutomation Agreement and these Ground Terms andConditions, the FedEx Sales or FedEx Customer

Automation Agreement controls. The Ground Terms and Conditions are included by reference in your FedEx Ground service agreement and anyaddenda thereto.

FedEx reserves the right to unilaterally modify,amend, change or supplement the Service Guideincluding, but not limited to, the rates, services,features of service, and the Ground Terms andConditions in respect of all customers or anyparticular customer without notice. Only the LegalDepartment of Federal Express Canada Ltd. mayauthorize a supplement to, modification, change oramendment of the FedEx Service Guide, includingthese Ground Terms and Conditions. No other agentor employee of FedEx, nor any other person or party,is authorized to do so.

Rates and service quotations by FedEx Groundemployees and agents are based upon information youprovide, but final rates and service may vary basedupon the shipment actually tendered and theapplication of these Ground Terms and Conditions.For the most current information regarding areasserved and delivery commitments, contact FedExCustomer Service at 1.800.GoFedEx (1.800.463.3339).Except as otherwise provided above, any conflict orinconsistency between the FedEx Service Guide andany other written or oral statements concerning therates, features of service, and Ground Terms andConditions applicable to FedEx Ground services willbe controlled by the FedEx Service Guide at fedex.ca,as modified, amended or supplemented.

All amounts are stated in Canadian dollars, unlessotherwise indicated.

Performance by FedEx Ground of any serviceshereunder will not constitute FedEx Ground as theagent of shipper, or any other party, for any purpose.

Unless otherwise specified herein, these GroundTerms and Conditions apply to packages originating in Canada for transportation via a FedEx Groundservice.

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED.

Definitions“Business day” means Monday through Friday exceptfor holidays, or the official day of observance of theseholidays. The business week may differ in some U.S.or provincial locations due to local customs. Holidaysin U.S. and provincial locations will also affect FedExGround’s delivery schedules. Contact CustomerService at 1.800.GoFedEx for information on deliverycommitments that may be affected due to theobservance of these holidays. Deliveries normally


made on the day of a holiday observance will berescheduled for delivery the next business day.

“Customer”, “sender” or “shipper” mean the personand/or company sending a shipment.

“Customer shipping record” means shippinginformation provided by customers shipping theirpackage(s) at FedEx World Service Center (“WSC”)locations across Canada.

“Customs” includes all federal agencies involved inthe import or export of goods.

“Day” and “days” mean calendar day and days, unlessexpressly noted otherwise.

“Guide” and “Service Guide” mean this FedEx ServiceGuide, Canadian Edition, as modified, amended orsupplemented by FedEx from time to time, includingthese Ground Terms and Conditions.

“In good credit standing” means: (1) that payment on the FedEx Ground account is current (i.e. receivedby us within 15 days from invoice date); (2) the accountis not in “cash only” status; and (3) for commercial orbusiness accounts, the balance does not exceed thecredit limit established by FedEx Ground.

“Overcharge” means a charge based on an incorrectrate or incorrect special handling fee, billing for thewrong type of service, or billing based on incorrectpackage or shipment weight or account number.

“Package” means any parcel or container that isaccepted by us for delivery, including, any itemstendered by you using our automated systems, metersetc., unless otherwise stated.

“Pick-up record” means details on total packagesshipped by customer on a particular day and handedover to FedEx Ground at the time of pick-up.

“Recipient” and “consignee” mean the person and/orcompany to whom a shipment is being sent.

“Shipment” means one or more packages, or any partthereof, shipped together to the same recipient.

“Transportation charges” means amounts assessed formovement of a shipment and does not include anyother fees or charges that may be assessed under theFedEx Service Guide, such as (but not limited to)declared-value charges, special handling fees,collection on delivery (C.O.D.) charges andsurcharges.

“We”, “our”, “us”, and “FedEx Ground”, refer to FedExGround Package System, Ltd., its principals,subsidiaries, branches and affiliates and theirrespective employees, agents and independentcontractors.

“You” and “your” include the shipper/sender,recipient/consignee, and importer of record and theirrespective employees, principals, agents andindependent contractors.

Account Numbers A valid FedEx Ground account number is required forall shipments unless cash (not accepted at all FedExoffices), cheque or credit card payment is made atthe time of shipment. The use of a valid FedExGround account number ensures that: (1) FedExGround invoices are sent to the proper location forpayment; (2) account activity is tracked by oursystem; and (3) payor is billed with any appropriatediscount, if eligible.

The party to whom a FedEx Ground account numberis issued is liable for all charges to the account,including those resulting from unauthorized use. The account holder is responsible for the safekeepingof the account number. The account number shouldbe released only to those authorized to ship on theaccount.

Failure to keep your FedEx Ground account currentmay result in termination of your FedEx Groundservice. If the account number to be billed is notvalid, the shipment may be refused, delayed orreturned until an alternative form of payment issecured. Any misuse of the account number can result in a loss of all discounts and/or thediscontinuance of service.

You must use your FedEx Ground account number toobtain any discount applicable to your account. Use ofyour account number constitutes your agreement thatall packages shipped by us shall be subject to theseterms and conditions, as modified, amended orsupplemented.

Services and rates for packages dropped off at FedExWorld Service Center® and FedEx AuthorizedShipCenter® locations using the shipper’s FedExGround account number or bar code shall be as statedin the shipper’s FedEx Ground Service Agreement orFedEx Ground Pricing Addendum, if any, and theincorporated documents. Not all services are availableat FedEx World Service Center or FedEx AuthorizedShipCenter locations.

Additional ChargesThe FedEx Ground additional charges in effect atthe time of shipment will be as published in theFedEx Service Guide at fedex.ca. The shipper agreesto declare all applicable additional charges on thePick-Up Record or the Customer Shipping Record, if applicable. FedEx Ground reserves the right to


assess additional charges on those packages that theshipper does not properly rate and to re-ratepackages the shipper fails to rate properly. Shipperagrees to pay all additional charges as applicable.

Address CorrectionIf FedEx Ground is unable to deliver a packagebecause the address provided by the shipper isincorrect or is a P.O. Box, FedEx Ground will makeevery reasonable effort to secure the recipient’scorrect address, but assumes no liability orresponsibility for its inability to complete the delivery.If the recipient’s correct address can be secured,FedEx Ground will make another attempt to deliverthe package and notify the shipper of the addresscorrection. FedEx Ground will not be liable for failingto meet its scheduled delivery time for any packagewith an incomplete or incorrect address.

FedEx Ground will assess an additional charge foraddress correction. Omitted or incorrect postal/zipcodes, suite numbers, phone numbers, and formerstreet addresses for consignees who have relocatedare examples (but is not an exhaustive list) ofaddresses requiring corrections. Refer to the mostcurrent FedEx Ground Rates for the current addresscorrection fee.

For multi-weight shipments, there is an additionalcharge for an address correction for the first packageof a shipment. For each additional package in a multi-weight shipment, there is an additional per packagecharge for an address correction. There is also amaximum additional charge for address correctionsfor a multi-weight shipment.

Billing Options(a) “Bill Sender” means the specified charges will bebilled to the sender. Payment on the account must becurrent. The sender may request an initial rebilling toanother party, but all subsequent rebills will be onlyto the sender.

(b) “Bill Recipient’s FedEx Account Number” meanscharges will be billed to the recipient (except forcertain additional charges that are billed to theshipper, including but not limited to, pickup fees,address correction fees, invalid or missing accountnumber fees, and fees associated with Auto P.O.D.“Bill Recipient” should not be confused with C.O.D.service). In order to choose this billing option, therecipient’s FedEx account number must be inputtedinto the shipper’s electronic shipping system at thetime the package is processed and payment on theaccount must be current. If the recipient is billedinitially and refuses to make payment for theshipment, the charges may be rebilled to a third party.If not paid by the third party, any additional rebilling

will be to the sender’s account. (See “Billing SpecialHandling Fees in subsection “i” below.”) The sender isliable for, and will be billed for, all charges and fees,plus all special handling fees in the event recipient orany third party does not pay. If due to the charges therecipient’s account exceeds credit limits with FedExGround, the sender will be billed automatically.

(c) For “Bill Recipient” or “Bill Third Party”transactions, if the recipient or third party refuses to pay the charges, refuses delivery or cannot becontacted, the sender is responsible and will be billedfor any and all charges. For “Bill Recipient” or “BillThird Party” transactions, FedEx Ground may verifythe method of payment and reserves the right torefuse any “Bill Recipient” or “Bill Third Party”shipment for which such verification cannot beestablished.

(d) Your shipment may be delayed if FedEx Grounddetermines that it is billed to a FedEx accountnumber that is not in good credit standing.

(e) C.O.D. shipments may not be shipped “COLLECT” or “Bill Recipient.” Shipping charges for C.O.D.shipments must be billed to either a sender’s or thirdparty’s FedEx account number; they may not be paidby cash, cheque or credit card.

(f) NOTWITHSTANDING ANY PAYMENTINSTRUCTIONS THAT ARE GIVEN TO FEDEXGROUND, THE SENDER IS ULTIMATELY LIABLEFOR ALL CHARGES AND FEES.

(g) A special handling fee will be applied for anycheque or electronic funds transfer (“EFT”) that isdishonored due to insufficient funds on deposit orincorrect or insufficient signature of the drawer.

(h) You must furnish with your payment the invoicenumbers to which your payment applies. Paymentshould be sent using your remittance advice to:

Federal Express Canada Ltd.P.O. Box 4626, Toronto STN AToronto, ONM5W 5B4

(i) Billing Special Handling Fees: A special handlingfee will be applied in the following situations:

1. Invoicing where an incomplete, inaccurate, invalidor deleted account number appears in the electronicdata interchange (“EDI”) transmission of shippinginformation.

For “Bill Sender” transactions, if the account numberon the shipping bar code is incomplete, inaccurate,invalid or deleted and FedEx Ground is able todetermine the correct number from FedEx Ground’srecords, all charges and fees, plus the specialhandling fee, will be billed to the sender, and any


appropriate earned discount will apply. If the correctaccount number cannot be determined from FedExGround’s records, all charges and fees and the specialhandling fee will be billed to the sender, and nodiscount will be allowed.

For “Bill Third Party” or “Bill Recipient” transactions,if the third party or recipient account number in theEDI transmission is incomplete, inaccurate, invalid ordeleted, all charges and fees, plus the specialhandling fee, will be billed to the sender, and anyappropriate earned discount will apply. If FedExGround can determine the sender’s correct accountnumber from FedEx Ground records, it will be usedfor billing, and any appropriate earned discount willapply. If billed to sender and sender’s correct accountnumber cannot be determined from FedEx Ground’srecords, no discount will be allowed.

The fee for an incomplete, inaccurate, invalid ordeleted account number will be applied only once foreach package with such an account number.

2. Payer rebilling: A special handling fee will becharged to the sender for all requests to change abilling from the party billed or the bill-to-party shownon the shipping transmission. If there are multiplerequests, the fee may be applied for each invoice lineitem that is rebilled. Requests for rebilling will beaccepted up to one hundred and eighty (180) daysfrom the invoice date, not counting the invoice date.Rebill requests will be accepted only for unpaidshipments.

Requests should be sent to:


For information regarding EDI or EFT, contact aFedEx account executive.

(j) Invoice Adjustments/Overcharges

1. FedEx Ground reserves the right to auditshipments made via an automated shipping device toverify service selection and package or shipmentweight. If the service selected or weight entered isincorrect, FedEx Ground may make appropriateadjustments to the invoice at any time.

2. Senders are responsible for entry of accurateshipment information in any automated shippingdevice. Because the number of packages and weightper package are critical to FedEx’s Ground ability tocorrectly invoice, any omission or incorrect entry orunavailable information will result in a billing basedon FedEx Ground’s estimate of the number ofpackages transported and either the standard

dimensional factor at the time of billing or a standard“default” weight-per-package estimate determined atFedEx Ground’s sole discretion.

3. “Overcharge” means a charge based on an incorrectrate or an incorrect special handling fee, billing forthe wrong type of service, or billing based on incorrectpackage or shipment weight or account number.Requests for invoice adjustment due to anovercharge, or request for refunds due to a duplicatepayment, must be received within one hundred andeighty (180) days after the date of shipment.

4. If you choose to send the invoice adjustmentrequest separately from the remittance statement,please send to:


For additional information or assistance regardingbilling issues, please contact 1.800.GoFedEx andselect the invoice adjustments option to speak to arepresentative during normal business hours.

(k) Additional Taxes. If a federal/provincial value-added, consumption or similar tax is applicable toyour shipment, FedEx Ground reserves the right toadd that amount to your shipment charges.

(l) If FedEx Ground is unable to obtain payment onany transaction billed to a credit card accepted byFedEx Ground, the credit card holder will be invoicedfor the charges due in addition to a per-packagehandling fee, except with regard to multiweightshipments, in which case the fee will be assessed pershipment rather than per package.

(m) The shipper is responsible for all reasonablecosts incurred by FedEx Ground in attempting toobtain payment on any transaction. Such costsinclude, but are not limited to, lawyers’ fees,collection agency fees, and interest and court costs.

(n) Missing or Invalid Account Number. An accountnumber is invalid if it is not the correct accountnumber for the bill-to-party, or it is the accountnumber for a recipient or third party who fails to paythe shipping charges. An additional charge will beassessed for each Missing or Invalid Account Number.

(o) FedEx Ground COLLECT Shipping. If authorizedby FedEx Ground to ship packages via FedEx GroundCOLLECT service option, the shipper agrees to pay alladditional charges and surcharges related toshipment other than the transportation charges.Shipper agrees to ship packages via FedEx GroundCOLLECT only to recipients authorized by FedExGround to receive FedEx Ground COLLECT


shipments. Shipper also agrees to pay all applicabletransportation charges if a package is shipped to anunauthorized recipient or if an authorized recipientrefuses to accept delivery of a FedEx GroundCOLLECT shipment. An additional charge will be assessed on any package that is shipped to arecipient not authorized by FedEx Ground to receiveCOLLECT packages.

ClaimsExcept as provided herein with respect to concealeddamage, receipt of the property without writtennotice of damage on the delivery receipt or otherdelivery document is prima facie evidence that theproperty was delivered in good condition.

(a) Filing of Claims1. All claims in connection with requests for C.O.D.service and all claims for loss or delay or damage toproperty tendered to FedEx Ground for transportationin extra-provincial or intra-provincial commerce(Canada) or in interstate or intrastate commerce(United States) must: (i) be filed in writing; (ii)include or refer to the Pick Up Record (indicating theC.O.D. amount for the package for C.O.D. claims) anddate or other facts sufficient to identify the packageinvolved; (iii) be accompanied by a copy of theoriginal invoice or, if no invoice was issued, othercertified documents which prove the value of theproperty and/or extent of the loss or damage; (iv)assert FedEx Ground’s liability for the alleged loss ordamage; and, (v) make claim for the payment of aspecified or determinable amount of money. Alwaysrefer to your tracking I.D. number. This will speed theinvestigation and processing of your claim. Failure toinclude sufficient documentation will delay theprocessing of a claim. A request for proof of deliverydoes not constitute the filing of a claim.

2. Bad order reports, appraisal reports of damage,notations of exceptions on delivery records, or otherdocuments, inspection reports issued by FedExGround inspectors or inspection agencies, requestsfor proof of delivery and tracer or inspection requestsstanding alone are not sufficient to comply with theseclaim filing requirements.

3. Shippers may not deduct the amounts of pendingclaims, including a C.O.D. claim, from anytransportation charges owed to FedEx Ground.

4. FedEx Ground’s shipment status information is notintended or permitted to be used by shipper to fileclaims. (See section (c) under “Proof of Delivery”)

5. FedEx Ground will not pay a claim for an uncertainamount, such as “$100 more or less.” FedEx Groundwill not pay a claim for loss or damage to propertyunless all applicable transportation charges havebeen paid.

6. FAILURE TO COMPLY WITH ANY OF THE ABOVECONDITIONS MAY RESULT IN THE DENIAL OF ACLAIM.

In no event shall FedEx Ground be liable for anyspecial, incidental or consequential damages,including, without limitation, loss of profits orincome, whether or not FedEx Ground had knowledgethat such damages might be incurred. Shipper agreesnot to sue FedEx Ground as a class plaintiff or classrepresentative, join a class as a member or participateas an adverse party in any way in a class actionlawsuit against FedEx Ground. However, nothing inthis paragraph limits the shipper’s rights to bring alawsuit as an individual plaintiff.

7. FedEx Ground reserves the option to pick up salvageon damaged claims when the claim is paid in full.

(b) Acknowledgment of ClaimsFedEx Ground will, upon receipt in writing of aproper claim filed in the manner and form describedin these Ground Terms and Conditions andaccompanied by the documents described,acknowledge the receipt of such claim in writing tothe claimant within thirty (30) days after the dateof receipt by FedEx Ground unless FedEx Groundhas paid or declined such claim in writing withinthirty (30) days of the receipt thereof. FedExGround will create, either in writing orelectronically, a separate file for each claimreceived, assign each claim a successive claimnumber, and note the claim number assigned on alldocuments filed in support of the claim and allrecords and correspondence relating to the claimincluding the written acknowledgment of receiptand, if in its possession, the pick up and deliveryrecords covering the package involved. FedExGround will record the date a claim is received onthe face of the claim document. The date of receiptwill also be noted on FedEx Ground’s writtenacknowledgment of receipt to the claimant.

(c) Time Limit for Filing ClaimsClaims in connection with requests for FedExGround C.O.D service and claims for loss, damageor delay must be filed in writing with FedExGround within nine (9) months of delivery or, inthe event that FedEx Ground failed to makedelivery, within nine (9) months of the date thatthe package was tendered to FedEx Ground forshipment. A request for proof of delivery does notconstitute the filing of a claim. Legal Proceedingsagainst FedEx Ground must be commenced withintwo (2) years and one (1) day from the date FedExGround gives written notice that FedEx Groundhas disallowed any part of the claim specified inthe notice.

If claims are not filed or legal proceedings are not


commenced in accordance with the foregoingprovisions, FedEx Ground will not be liable and suchclaims will not be paid.

Claims for concealed loss or damage must be filed inwriting with FedEx Ground or reported to FedExGround by calling 1.800.GoFedEx (1-800-463-3339).FedEx Ground must be notified immediately, but notlater than fifteen (15) days from the date of deliveryof the shipment involving the claim for concealedloss or damage. When initial notice is given bytelephone, a written claim must still be filed inaccordance with the time limits referenced above.

(d) Investigation of Claims1. Each claim filed against FedEx Ground in themanner set forth above will be promptly andthoroughly investigated, if investigation has notalready been made prior to receipt of the claim.

2. Each claim must be supported by the original Pick Up Record or Customer Shipping Record (ifapplicable), evidence that applicable transportationcharges have been paid, and the original invoice or,if no invoice was issued, other certified documentswhich prove the value of the property and/or extentof loss or damage. Such documents may includeestimates or invoices for repair, expense statements,appraisals or other certified documents. Thedocuments must be verifiable to our satisfaction.Where the property involved in a claim has not beeninvoiced to the consignee, or where an invoice doesnot show price or value, or where the propertyinvolved has not been sold, or where the propertyhas been transferred at bookkeeping values only,FedEx Ground will, before voluntarily paying a claimthereon, require the claimant to establish thedestination value of the quantity shipped,transported, or involved, and to certify thecorrectness of the valuations in writing.

3. When a claim for loss of an entire package or anentire shipment cannot otherwise be authenticatedupon investigation, FedEx Ground will obtain fromthe consignee of the shipment involved a certifiedstatement in writing that the property for which the claim is filed has not been received from anyother source.

4. In the event that the shipper and the recipienthave refused a package, the property shallthereupon pass to FedEx Ground. FedEx Ground willnot honour a claim for an abandoned package.

(e) Disposition of ClaimsFedEx Ground will, after receiving a written claimfor loss or damage to property transported, eitherpay actual or declared value for the property,whichever is lower; or decline, or make a firmcompromise settlement offer in writing to theclaimant (unless special arrangements have been

made) within 120 days after receipt of the claim byFedEx Ground. If a claim cannot be processed anddisposed of within 120 days after the receipt thereof,FedEx Ground will advise the claimant in writing ofthe status of the claim and the reason for the delayin making final disposition.

(f) Damaged Property1. FedEx Ground Discovered DamageWhenever property is damaged by FedEx Ground in the course of transportation and the damage isdiscovered by FedEx Ground prior to delivery, FedExGround will either:

i. return the damaged property to the shipper and offer to pay for the damage (if determined to beliable), not to exceed the actual or declared value ofthe property, whichever is lower; or

ii. remove any damaged property and ship thebalance of undamaged merchandise. If damagedproperty is returned to the shipper, FedEx Groundwill, at the shipper’s request, pay the full actual ordeclared value of the damaged property, whicheveris lower, and title of the property shall thereuponpass to FedEx Ground. If the shipper makes such arequest for payment, the shipper must hold thedamaged property until FedEx Ground hascompleted the processing of the shipper’s claim.FedEx Ground shall not be liable for any special,incidental or consequential damages.

2. Concealed DamageWhenever property is delivered by FedEx Groundand damage or loss is subsequently discovered by theconsignee, inspection may be made by FedExGround as promptly as practicable after receipt ofrequest from consignee or shipper. FedEx Groundreserves the right to inspect a damaged shipment oncustomer premises as well as the right to retrievethe damaged shipment for inspection at a localFedEx facility. All of the original shipping cartons,packing and contents must be available for ourinspection and retained until the claim is concluded.Inspection will include examination of the damagedproperty, the shipping container and its packing andany other action necessary to establish all the facts.

If a shortage is involved, FedEx Ground will comparethe contents of package with the invoice andconduct any other type of investigation necessary toestablish that a loss has occurred. In either case,inspection will be limited to a factual report.Shipper and consignee must cooperate fully withFedEx Ground to assist in the inspection. A writtenrecord of FedEx Ground’s findings will be made anda copy given to the shipper for claim support. Anyinspection report issued will be incorporated intothe claim file.


3. In the event FedEx Ground does not conduct aninspection, the consignee must make the inspectionand record all information pertinent to the cause.Consignee’s inspection, in such case, will beconsidered as FedEx Ground’s inspection, and willnot jeopardize any recovery due the shipper basedon the facts contained in the report.

FEDEX GROUND’S LIABILITY FOR LOSS ORDAMAGE TO PACKAGE CONTENTS, INCLUDINGWITHOUT LIMITATION, TO USED ELECTRONIC ORCOMPUTER EQUIPMENT, SHALL BE LIMITED TO$100, UNLESS A HIGHER VALUE IS DECLARED ONTHE FEDEX GROUND PICK UP RECORD AND THEAPPLICABLE CHARGES ARE PAID. EVEN IFSHIPPER DECLARES A HIGHER VALUE FOR ASHIPMENT, FEDEX GROUND’S LIABILITY FORLOSS OR DAMAGE OF A SHIPMENT IS LIMITED TO THE LESSER OF THE AMOUNT OF ITS REPAIRCOST, ITS DEPRECIATED VALUE, OR ITSREPLACEMENT COST. In those instances where the shipper declares a value in excess of $100,FedEx Ground’s liability shall be determined by themost recent edition of the Orion Blue Book seriesapplicable to the specific item lost or damaged orthe declared value, whichever is lower, but in noevent will liability exceed the declared value. Wherethe Orion Blue Book value is payable in U.S. funds,the amount payable will be converted to Canadiandollars, using the daily Bank of Canada conversionrate corresponding to the pick up date of theshipment.

(g) Spotted Trailers Shipper agrees to load any trailers spotted at itsfacilities within forty-eight (48) hours after beingspotted with two hundred twenty-five (225) or morepackages per trailer. Shipper agrees not to fileclaims on any package shortage for spotted trailers.FedEx Ground agrees to notify shipper of anypackage shortages within one hundred and twenty(120) hours after the shipper’s packages aretransmitted to FedEx Ground. Notification to shippershall include date of pick up and the number ofpackages short of the total entered by shipper on theFedEx Ground Pick Up Record or provided by shipperon a computer-generated manifest. Shipper agreesnot to file claims in connection with any packageshortages reported by FedEx Ground to shipper.

Collect on Delivery (C.O.D.) Service1. To request C.O.D. service, shipper must prepareand attach to each C.O.D. package a C.O.D. labelshowing the amount to be collected. Shipper mustalso enter the amount to be collected on the FedExGround Pick Up Record in the space provided for thepurpose. The entry of a C.O.D. amount on the FedEx

Ground Pick Up Record is not a declaration of valuefor the package. If the shipper does not also declarethe value of the package, FedEx Ground’s liabilityfor loss of or damage to the package shall be limitedto the loss or damage actually sustained by theshipper or $100, whichever is lower.

2. The shipper is required to affix the appropriateC.O.D. bar code label to the package to designate thepayment option. The C.O.D. bar code label allows theFedEx Ground contractor to collect any type ofC.O.D. payment. The Guaranteed Funds C.O.D. barcode label allows the FedEx Ground contractor tocollect only guaranteed funds as a C.O.D. payment,including certified cheque, official cheque, moneyorder, or a cashier’s cheque. The Currency C.O.D. barcode label allows the FedEx Ground contractor tocollect only currency. FedEx Ground will not acceptcurrency in excess of $1,000 in payment for the C.O.D.amount associated with any one package delivered.

3. For each C.O.D. package, FedEx Ground willcollect the amount shown on the C.O.D. labelattached to the package, not to exceed $25,000 perpackage, including freight charges. If collectioncannot be made, FedEx Ground will return theC.O.D. package to the shipper.

4. FedEx Ground reserves the right to chargesupplemental fees, in addition to the C.O.D. feeposted on the FedEx website and published in theFedEx Ground Rates, for C.O.D. deliveries toselected areas where the delivery is paid for by cash.

5. When the Guaranteed Funds C.O.D. bar code labelis used by the shipper, FedEx Ground reserves theright to accept a certified cheque, money order,cashier’s cheque, or other similar instrument issuedby or on behalf of the consignee. All cheques(including cashier’s cheques, official cheques andcertified cheques) and money orders tendered inpayment of C.O.D. packages will be accepted byFedEx Ground at shipper’s risk including, but notlimited to, the risk of nonpayment and forgery, andFedEx Ground shall not be liable upon any suchinstrument.

6. An additional charge will be assessed for eachrequest for C.O.D. service to be performed, whetheror not FedEx Ground is able to collect as requested.

7. FedEx Ground will remit C.O.D. collection to theshipper within ten (10) days from date of collection.Performance of the C.O.D. service will not constituteFedEx Ground as the shipper’s agent for anypurpose, including, but not limited to, completion ofthe sale of the goods by the shipper to the recipient.


Counter ServiceCounter service is provided at all FedEx WorldService Center® locations and select FedExAuthorized ShipCenter® (FASC) locations. FASClocations are independently owned and operatedbusinesses and are not agents of FedEx Ground. Therates for packages shipped through a FASC may varyfrom the base rates. The FASC’s bar code must appearas the shipper’s bar code for all shipments paid for atan FASC. Any inquiries regarding shipments paid forat a FASC must be directed to the FASC. FedExGround assumes no liability, other than to the FASC,for lost, damaged or delayed shipments paid for at anFASC. Please contact the FASC representative forinformation regarding rates and services and theterms and conditions of carriage.

Notwithstanding anything herein, services and ratesfor packages dropped off at FASC locations and FedExWorld Service Center® locations using the shipper’sFedEx Ground account number or bar code shall beas stated in the shipper’s FedEx Ground ServiceAgreement or FedEx Ground Pricing Addendum, if any, and the incorporated documents.

Credit Terms(a) FedEx Ground does not provide individualconsumer credit privileges.

(b) FedEx Ground will extend credit to shipperswho, in the sole judgment of FedEx Ground arecreditworthy.

(c) As a condition of extending credit privileges tobusiness customers, FedEx Ground reserves theright to require business customers to providecurrent financial information, agree to bank draftarrangements for payment on account, provide asecurity deposit or provide a bank letter of credit.

(d) The invoice date begins the credit term cycle,and payment is due within 15 days from the invoicedate. Failure to keep your FedEx account currentwill result in termination of your ground service.

(e) IF THE ACCOUNT NUMBER TO BE BILLED ISNOT IN GOOD CREDIT STANDING, THE PACKAGEMAY BE HELD OR STOPPED IN TRANSIT UNTILYOU MAKE ALTERNATIVE PAYMENTARRANGEMENTS.

(f) The shipper, and any other party who is liable forpayment, is responsible for all reasonable costsincurred by FedEx Ground in obtaining orattempting to obtain payment for services renderedby FedEx Ground. Such costs include, but are notlimited to, lawyers’ fees, collection agency fees,interest and court costs.

(g) Credit privileges will not be restored until youhave paid all past-due balances in full and all costs,

fees and expenses incurred by FedEx Ground incollecting or attempting to collect such balances.FedEx Ground may require establishment ofelectronic funds transfer as a prerequisite to creditrestoration. FedEx Ground may decline to restorecredit privileges even if all costs, fees and expensesare paid.

(h) Customers requesting the reinstatement of theirFedEx Ground service must call 1.800.GoFedEx(1.800.463.3339) and ask for the Credit Department.

(i) At our sole discretion, FedEx Ground may applypayments made on your account to any unpaidinvoice issued on your account.

(j) Shippers may not deduct the amounts of pendingclaims from any transportation charges owed toFedEx Ground.

Declared Value and Limits of Liability(Not Insurance Coverage)

(a) FedEx Ground’s liability with regard to anypackage is limited to the sum of $100 unless ahigher value is declared at time of tender, and agreater charge is paid as provided in the currentFedEx Service Guide.

(b) The declared value of any shipmentrepresents FedEx Ground’s maximum liability inconnection with a shipment, including, but notlimited to, any loss, damage, delay, mis-delivery,nondelivery, mis-information, any failure toprovide information, or mis-delivery ofinformation. Exposure to and risk of any loss inexcess of the declared value is either assumed bythe shipper or transferred by the shipper to aninsurance carrier through the purchase of aninsurance policy. The shipper should contact aninsurance agent or broker if insurance coverage isdesired. FEDEX GROUND DOES NOT PROVIDEINSURANCE COVERAGE OF ANY KIND.

(c) In cases where the shipper declares or agrees inwriting that the property being shipped is releasedto a value exceeding $100 per package or article notenclosed in a package, an additional charge for each$100 or fraction thereof of valuation in excess of the$100 valuation will be assessed to which the baserate applies, up to a maximum declared value of$25,000 per package.

(d) Packages (including freight shipments)containing all or part of the following items arelimited to a maximum declared value of $100:

i. Artwork, including any work created or developedby the application of skill, taste or creative talent forsale, display or collection. This includes, but is notlimited to items (and their parts) such as paintings,drawings, vases tapestries, limited-edition prints,


fine art, sculpture, collector’s items, and customizedor personalized musical instruments.

ii. Film, photographic images, includingphotographic negatives, photographic chromes,photographic slides.

iii. Any commodity that by its inherent nature isparticularly susceptible to damage, or the marketvalue of which is particularly variable or difficult toascertain.

iv. Antiques, or any commodity that exhibits the styleor fashion of a past era and whose history, age orrarity contributes to its value. These items include,but are not limited to furniture, tableware,glassware, and collectors’ items such as coins,stamps, sports cards souvenirs and memorabilia.(Collector’s coins and stamps may not be shipped.)

v. Glassware, including, but not limited to, signs,mirrors, ceramics, porcelains, china, crystal, glass,framed glass and any other commodity with similarlyfragile qualities.

vi. Plasma screens and flat panel display screens (all types).

vii. Jewellery, including but not limited to, costumejewellery, watches and their parts, mount gems orstones (precious or semiprecious), industrialdiamonds, and jewellery made of precious metals.

viii. Furs, including but not limited to, fur clothing,fur-trimmed clothing and fur pelts.

ix. Precious metals, including, but not limited to,gold and silver bullion or dust, precipitates orplatinum (except as an integral part of electronicmachinery).

x. Stocks, bonds, cash letters or cash equivalents,including, but not limited to postage stamps (notcollectible), traveler’s cheques, lottery tickets,money orders, gift cards and gift certificates, prepaidcalling cards (excluding those that require a codefor activation), bond coupons, and bearer bonds.

xi. Guitars and other musical instruments that aremore than 20 years old.

(e) Our liability for loss or damage to usedelectronic or computer equipment shall be limited to$100, unless a higher value is declared on the FedExGround Pick-Up Record and the applicable chargesare paid. In those instances where the shipperdeclares a value in excess of $100, our liability shallbe determined by the most recent edition of theOrion Blue Book Series applicable to the specificitem lost or damaged or the declared valuewhichever is lower, but in no event will liabilityexceed the declared value.

Drop off ShipmentsA drop off shipment is a shipment dropped off by theshipper at a FedEx World Service Center® or adesignated FedEx Authorized ShipCenter®. Onlyshippers who have enrolled as drop off discountcustomers will qualify for discounts. Drop offdiscount customers are not eligible for pick upservice. Customers not enrolled in the drop offprogram who drop off their shipments at a FedExWorld Service Center or a designated FedExAuthorized ShipCenter will still incur a weekly pickup fee.

Fuel SurchargeFedEx Ground reserves the right to assess fuel andother surcharges on shipments without notice. Theamount and duration of any such surcharges will bedetermined at our sole discretion. By tendering yourshipment to FedEx Ground, the shipper agrees topay the surcharges, as determined by FedEx Ground.

Inspection of ShipmentsWithout notice, FedEx Ground may, at our solediscretion, open and inspect any package and itscontents tendered to it for transport. Customsauthorities, or other governmental authorities, mayalso open and inspect a package and its contents atany time.

Liabilities Not AssumedFEDEX GROUND WILL NOT BE LIABLE FORANY DAMAGES, WHETHER DIRECT,INCIDENTAL, SPECIAL, OR CONSEQUENTIAL(INCLUDING, BUT NOT LIMITED TO, LOSS OFINCOME OR PROFITS), IN EXCESS OF THEDECLARED VALUE OF A SHIPMENT, WHETHEROR NOT FEDEX GROUND KNEW OR SHOULDHAVE KNOWN THAT SUCH DAMAGES MIGHTBE INCURRED.

The maximum amount a shipper may declare is$25,000. Even if the shipper declares a value, theliability of FedEx Ground is limited to the lesser ofthe amount of any loss or damage sustained by theshipper or the declared value.

Except such as may result from FedEx Ground’s solenegligence, FedEx Ground will not be liable for, nor shallany adjustment, refund or credit of any kind be given forany loss, damage, delay, mis-delivery, non-delivery, mis-information, or failure to provide information caused byor resulting in whole or in part from:

(a) The act, default or omission of any person orentity, other than FedEx Ground.

(b) The nature of the shipment, including any defect,characteristic or inherent vice of the shipment or anydifference in weights of commodities caused bynatural shrinkage.


(c) The shipper, owner or consignee’s violation of anyof these Ground Terms and Conditions, as amendedfrom time to time, including, but not limited to, theimproper and insufficient packing, securing, markingand addressing of shipments, or use of an accountnumber not in good credit standing, or contained inany applicable international treaty, law, governmentalregulation, order or requirement.

(d) Events that FedEx Ground cannot control,including, but not limited to, acts of God, perils of theair, public enemies, criminal acts of any person(s) orentities including, but not limited to, acts ofterrorism, acts or omissions of Customs, health orother public authorities acting with actual orapparent authority, authority of law, local disputes,civil commotions, hazards incident to a state of war,local or national weather conditions (as determinedsolely by FedEx Ground), mechanical delays, nationalor local disruptions in ground transportationnetworks (as determined solely by FedEx Ground),strikes or anticipated strikes (of any entity, including,but not limited to, other carriers, vendors orsuppliers), quarantine, natural disasters(earthquakes, floods and hurricanes are examples of natural disasters), conditions that present a danger to FedEx Ground personnel, and disruption or failure of communication and information systems (including, but not limited to, FedEx Ground systems).

(e) Acts or omissions of any person or entity otherthan FedEx Ground, including FedEx Ground’scompliance with verbal or written deliveryinstructions from the sender, recipient or personsclaiming to represent the shipper or recipient.

(f) Loss of or damage to articles packed and sealed in packages by the sender or by person(s) acting atsender’s direction, provided the seal is unbroken atthe time of delivery, the package retains its basicintegrity, and receipt of shipment by the recipientwithout written notice of damage on the deliveryrecord.

(g) Erasure of data from, or the loss or irretrievabilityof data stored on, magnetic tapes, files or otherstorage media, or erasure or damage of photographicimages or soundtracks from exposed film.

(h) FedEx Ground’s inability to provide a copy of thedelivery record or a copy of the signature obtained at delivery.

(i) FedEx Ground’s failure to honour “packageorientation” graphics (e.g., “UP” arrows, “THIS ENDUP” markings), “fragile” labels or other specialinstructions not explicitly provided for in the GroundTerms and Conditions on packaging, or damage toshipments not in packaging approved by FedEx

Ground prior to shipment where such prior approvalis recommended or required herein.

(j) Damages indicated by any shockwatch, tiltmeteror temperature gauge.

(k) The shipment of fluorescent tubes, neon lighting,neon signs, X-ray tubes, laser tubes, light bulbs,quartz crystal, quartz lamps, glass tubes such as thoseused for specimens, glass containers such as thoseused in laboratory test environments and flat paneldisplay screens (all types).

(l) The shipment of scale models (including, but notlimited to, architectural models, doll houses, etc.).

(m) The shipper’s failure to provide a valid FedExGround Account Number in good credit standing inthe billing instructions on shipping documentation.

(n) FedEx Ground’s failure to notify the shipper ofany delay, loss or damage in connection with theshipper’s shipment or any inaccuracy in such notice.

(o) Damage to briefcases, luggage, garment bags,aluminum cases, plastic cases, or other items whoseouter finish might be damaged by adhesive labels,soiling or markings.

(p) Damage to any computers or any componentsthereof when shipped in packaging other than theoriginal manufacturer’s packaging (if it is undamagedand in good, rigid condition) and laptop computers.See the Packaging and Marking section for additionalrequirements.

(q) Damage to, or the total or partial loss of,shipments of prohibited items.

(r) The shipment of perishable commodities. FedExGround does not provide a protective service for thetransportation of perishable commodities orcommodities requiring protection from heat or cold.Such commodities will be accepted for transportationsolely at the shipper’s risk for damage caused by theexposure to heat or cold. Shipper agrees to file noclaims with respect to perishable items.

(s) Shipments containing repaired, remanufacturedor refurbished goods.

(t) If a shipment is refused by the recipient, leaks, or is damaged, the shipment will be returned to thesender if possible. If the sender refuses to accept thereturned shipment or it cannot by returned because ofleakage, or damage due to faulty packaging, the shipperis responsible for and will reimburse FedEx Ground forall costs and fees of any type connected with the legaldisposal of the shipment, and all costs and fees of anytype connected with cleanup of any spill or leakage.

(u) FedEx Ground will not be liable for any packagewhere FedEx Ground’s records do not reflect that the


customer tendered the package to FedEx Ground. Forshipments entered into a FedEx self invoicing system,Internet shipping device or any other automatedshipping method used to ship a package, the shipperis responsible for deleting any shipments entered intosuch system but not tendered to FedEx Ground.

(v) Performance of any services will not constituteFedEx Ground as shipper’s or anyone’s agent for anypurpose.

Method of PaymentThere are three recommended forms of payment:cheque, credit card (MasterCard, Visa, AmericanExpress, Diners Club) and charge to a valid FedExaccount number in good standing. If a customerelects to “Bill Sender”, “Bill Recipient” or “Bill ThirdParty” and (1) fails to include an account number;or (2) indicates an incorrect account number, FedExGround will charge a special handling fee to defraythe extra expense of billing such items. Payment bycash is available only at designated locations.Payment by electronic funds transfer is availableonly by prior written agreement. If payment is bycheque, the cheque must contain the payor’s name,address, telephone number, driver’s license andcredit card number of any of the major credit cardsaccepted by FedEx Ground.

Package Restrictions (Size and Weight)(a) FedEx Ground will accept for transportpackages that weigh up to the maximum packageweight published in the FedEx Service Guide ineffect at the time of shipment and that measure upto 165” (419 cm) in combined length and girth.

MEASUREMENT OF LENGTH AND GIRTH:

1. Regular-Shaped Packages:Length: Measurement of the longest side.Girth: Measurement of the distances around thepackage at its thickest part, at a right angle to thelength. The total of these two measurements is thecombined length and girth.

2. Irregular-Shaped Packages and Regular-ShapedArticles With Hollow or Open Spaces: To measurecombined length and girth, assume the package orarticle to be enclosed in a six-sided, rectangularcontainer, and then determine the combined lengthand girth as for regular-shaped packages.

The maximum package weight must not exceed 150 lbs. (68 kg), except in Newfoundland andLabrador and Nunavut, the Yukon and the Northwest Territories, where the weight of thepackage must not exceed 70 lbs. (32 kg).

(b) Charge for Unauthorized Packages. In additionto other rates and charges specified in these Ground

Terms and Conditions, additional charges* will beassessed for the following conditions:

• Any package measuring more than 108” (274 cm) in length**

• Any package measuring more than 165” (419 cm)(in length and girth combined**

• Any package weighing more than 150 lbs (68kg)**

• Any package that shifts or expands during transit,causing package dimensions to exceed limitations**

* Please refer to the FedEx Ground Rates or see yourFedEx Account Executive for more information.

** Note: These packages will be deemed by FedExGround to be unauthorized, may be refused orreturned to the shipper and will be delivered solelyat the option of FedEx Ground.

(c) Additional Package Charges. FedEx Groundreserves the right to assess additional charges forpackages that require special handling, including,but not limited to, the following:

• Any package not fully encased in an outsideshipping container, any package encased in anoutside shipping container made of metal or wood(excluding cans and pails). Examples include tires,wooden crates, trailer hitches and shovels. (Fabricor carpet rolls wrapped in plastic are considered“fully encased” and will not be subject to additionalhandling charges).

• Any package exceeding 60” (152 cm) but notexceeding 108” (274 cm) in length.

• Any package weighing 30 lbs (14 kg) or less andmeasuring greater than 84” (213 cm) and equal to orless than 108” (274 cm) in combined length andgirth – i.e. an “Oversize 1” (“OS1”) package.(Transportation charges for an OS1 package will bethe same as a 30 lb. (14 kg) package beingtransported under the same circumstances.)

• Any package weighing 50 lbs (23 kg) or less andmeasuring greater than 108” (274 cm) and equal toor less than 130” (330 cm) in combined length andgirth – i.e. an “Oversize 2” (“OS2”) package.(Transportation charges for an OS2 package will bethe same as a 50 lb. (23 kg) package beingtransported under the same circumstances.)

• Any package weighing 150 lbs (68 kg) or less andmeasuring greater than 130” (330 cm) in combinedlength and girth – i.e. an “Oversize 3” (“OS3”)package. (Transportation charges for an OS3package will be based on the greater of the package’sactual rounded weight or a 90 lb. (41 kg) minimumbillable weight. An additional oversize charge will beassessed on any package measuring greater than 130” (330 cm) in combined length and girth).


Packaging and Marking1. All packages must be prepared and packed by thesender for safe transportation assuming ordinary carein handling. Any articles susceptible to damage as aresult of any conditions which may be encountered in air or ground transportation, such as changes intemperature or atmospheric pressure, must beadequately protected by sender. Each shipment must be legibly and durably marked with the name,address, telephone number and postal/zip code ofboth the shipper and recipient. The postal/zip code is crucial to the efficient movement of the packagethrough the FedEx Ground system. Address labelsshould be placed on both sides of each package withan additional label enclosed inside.

2. New corrugated boxes in good, rigid condition largeenough to allow cushioning of contents on the top,bottom and sides should be used. Items that cannotbe packed into cartons (auto tail pipes, mufflers,tires, rims, etc.) should have all sharp edges andprotrusions wrapped and the address label secured bypressure-sensitive tape wrapped completely aroundthe object. Briefcases, luggage, garment bags,aluminum cases, plastic cases, computer cartons orsimilar types of items whose outer finish might bedamaged by adhesive labels, soiling, marking or othertypes of surface damage that is normal with ordinarycare in handling should be placed in a protectivecontainer for shipment. Items with casters, wheels or rollers must have them removed or packaged toprevent damage.

3. Packaging for all fragile articles (including, but notlimited to, electronic and electrical devices, scientifictesting equipment, fragile glass, crystal, porcelain, orchina) should be pre-approved by FedEx Ground priorto shipping. FedEx Ground assumes no liability forsuch shipments. FedEx Ground customers maysubmit their packaging to the FedEx Test Lab forevaluation prior to shipping. For information on howto submit your packaging for evaluation, contact your FedEx account executive.

4. At its sole discretion, FedEx Ground may require ashipper of packages classified as OS3, as defined in“Package Restrictions” above and in the FedEx RateGuide, to submit a representative sampling of the OS3packaging for inspection and testing. The packagesample must pass FedEx’s pre-shipment testprocedures. If the shipper fails to comply with FedExGround’s request to inspect and test OS3 packaging or the sampling fails FedEx testing, FedEx Ground will not be liable for any damage to shipper’s OS3packages.

Special test procedures are required for:

• Elongated packages, such as blinds

• Flat packages, such as picture frames

• Liquids

• Clothing and lampshades

FedEx Ground customers may contact FedExPackaging Design and Development at 1.800.633.7019prior to shipping for helpful packaging and shippinginformation.

PharmaceuticalsShipments of pharmaceuticals will only be acceptedwhen tendered in accordance with applicable local,provincial and international laws. The shipper isresponsible for compliance with all applicable laws.

Pickup and Delivery Service(a) Pickup ServiceCharges for pickup service shall apply in addition tothe rates set forth in the FedEx Service Guide ineffect at the time of shipment. Upon payment of theapplicable pick up service charge, FedEx Groundwill call at the premises of qualified shippers, onceeach business day, to pick up packages for delivery.

(b) Delivery Service i. Delivery Attempts: FedEx Ground will make threeattempts to complete a delivery for no additionalcharge. A notice that delivery has been attempted willbe left at the recipient’s address after the first andsecond attempts. After the third delivery attempt, thepackage will promptly be returned to the shipperwithout additional charge, with the exception of adrop-ship package. If a shipment cannot be deliveredor returned or if the shipper or recipient cannot becontacted, the shipment may be transferred ordisposed of by FedEx Ground in its sole discretion,with or without notice, and the shipper, if known,agrees to pay any costs incurred in the disposal. If the package is Auto P.O.D, three delivery attemptswill be made and if such attempts are unsuccessful,the package will be returned to the shipper. FedExGround does not customarily contact shippers tonotify them in advance of returning packages. No refund will be provided for the original shippingcharges.

ii. Drop-Ship Packages: For drop-ship packages, thatis, those outbound prepaid packages dropped atFedEx Ground’s designated terminals or hubs, thecharge for a returned package after three deliveryattempts or for a refused package will be thetransportation charge from the original drop point tothe shipper’s facility. The shipper is responsible for allreturn duties and taxes.

iii. Indirect delivery: For residential deliveries, the driver may, in his sole discretion, leave thepackage behind at a safe place without obtaining a


signature or attempt an indirect delivery. An “indirectdelivery” is a delivery to a consignee other than theconsignee named on the address label. The recipientof the indirect delivery must be a neighbour in closeproximity to the actual consignee, and must agree tosign for the package. The delivery driver must notethe indirect delivery in his delivery scanner, and thenleave a completed doorknocker at the actualconsignee’s home detailing where the package wasleft. Both business and residential packages may bedelivered under this option. Auto P.O.D may not beprovided under the “indirect delivery” option.

(c) Residential Package Surcharge. A residentialdelivery is one made to a home, including a home-based business. Residential packages destined toFedEx Ground’s specified rural postal/zip codesincur an additional charge over the standardresidential surcharge. Please see your FedExAccount Executive for additional information orrefer to the FedEx Ground Rates for the ResidentialPackage Surcharge applicable at the time ofshipment. Residential Surcharges are based on a per package basis.

(d) Rural Surcharges. Packages destined to certainpostal/zip codes incur additional rural surcharges.Please see your FedEx Account Executive foradditional information or refer to the FedEx GroundRates for the applicable surcharge. Rural Surchargesare based on a per package basis.

(e) Refused Parcels. If a shipment is refused by theconsignee, or cannot be delivered for any otherreason, FedEx Ground will attempt to return theshipment to the shipper.

PrivacyBy sending or receiving a shipment, or beingidentified as the Third Party for billing purposes, you consent to the collection, use, or disclosure ofpersonal information about you by FedEx for thefollowing purposes:

• To provide timely, reliable and value-addedservices to customers including domestic andinternational shipping, shipment tracking, accountmanagement and billing, global logistics, supplychain management, information management andtechnical support, e-commerce, and related services;

• To establish a customer relationship and tocommunicate with customers;

• To develop, implement, market, and manageservices for customers;

• To assist in law enforcement purposes, to collectunpaid debts, for credit reporting and ratingpurposes, and to protect the business interests of

FedEx and its customers;

• To manage and promote the business activities ofFedEx; and

• To meet requirements imposed by law.

In particular, with respect to a shipment, youconsent to the disclosure by FedEx of personalinformation about you to the shipper, the recipientand the party identified as the Third Party for billingpurposes, as the case may be.

Prohibited ItemsThe following list summarizes items not accepted byFedEx Ground for transport. This list is not all-inclusive and is subject to change without notice.FedEx ground reserves the right to open and inspectany package tendered to it for transportation. FedExGround will refuse and return any shipment that isconsidered unsafe or unlawful to transport. Shipperagrees not to tender any packages containinghazardous materials or dangerous goods for shipment.Shipper agrees to declare on its manifest eachpackage requiring additional handling.

The following items are prohibited from shipmentwithin Canada and to the United States:

• Alcoholic beverages

• Animals, such as birds, fish, reptiles, dead animalsor animals that have been mounted

• Articles of unusual value, such as priceless art,jewellery, collectibles, and antiques

• Cash, coins, currency, stamps, negotiable stocks,bonds, bank drafts, cash letters, and other negotiableinstruments equivalent to cash

• Common fireworks

• Containers of liquids with a volume exceeding 8 gallons (32 litres) or 70 pounds (32 kg.) in weight.

• Cut flowers

• Dangerous Goods or Hazardous Materials:Corrosives, explosives, toxics, or other substancesincluding Other Regulated Materials (ORM-Ds)controlled by the Federal Aviation Administration(FAA) and/or Transport Canada and EnvironmentCanada.

• Explosives, fireworks, flares, matches

• Firearms of any kind, ammunition, and gun parts

• Flammable goods

• Furs

• Hazardous materials, hazardous waste, including,but not limited to used hypodermic needles, syringesor other medical wastes


• Human or animal remains, corpses, organs,embryos, body parts, or cremated or disinterredhuman remains

• Improperly packaged shipments

• Lottery tickets and gambling devices whereprohibited by federal/national, provincial, state orlocal law

• Packages that are wet, leaking or that emit anodour of any kind

• Perishables, including food, foodstuffs, beveragesrequiring refrigeration, pharmaceuticals

• Personal effects (i.e. household articles, householdfurnishings, and/or clothing, often associated with acustomer relocating from one residence to another).

• Plants, plant materials, seeds, including cut flowers

• Pornographic materials

• Shipments that may cause damage to, or delay of,equipment, personnel or other shipments

• Shipments that require FedEx Ground to obtain anyspecial license or permit for transportation,importation or exportation

• Tobacco, cigarettes, tobacco products

• Unaccompanied baggage

• Used gasoline tanks (filled or empty) or any usedgasoline-powered device or equipment with anintegral fuel tank (full or empty). New, emptygasoline tanks or gasoline-powered devices areacceptable in original unopened packaging.

• Any articles which require a U.S. Department ofState import license or a Canadian Export Permit

• Any shipment moving under an A.T.A. carnet

Goods Prohibited by Law: No service shall berendered by FedEx Ground in the transportation ofany shipment which is prohibited by law orregulations of any national, provincial, or localgovernment in the origin or destination countries.No service shall be rendered in the transportation ofany hazardous materials/dangerous goods that aresubject to regulation by the U.S. Department ofTransportation (D.O.T.), the Federal AviationAdministration (FAA), the International AirTransport Association (IATA), the International CivilAviation Organization (ICAO), Transport Canada,Environment Canada, the Canadian Transportationof Dangerous Goods Act, the CanadianEnvironmental Protection Act, the CanadianExplosives Act, Canadian Atomic Energy Act, theCanadian Nuclear Safety and Control Act, anyprovincial Dangerous Goods Transportation Act or

Environment Protection Act, the U.S. Code ofFederal Regulations, Title 49.

Proof of Delivery(a) Verification of Delivery. Shippers may obtainverbal proof of package delivery, including deliverydate, by calling Customer Service at 1.800.GoFedEx(1.800.463.3339). There is no additional charge forthis service.

(b) Automatic Proof of Delivery (Auto P.O.D.) TheAuto P.O.D service provides enrolled shippers with asignature obtained at time of delivery for thosepackages specified by the shipper. Under the AutoP.O.D. service: (1) the package will not be driver-released; (2) the package will not be forwarded to anaddress other than that indicated on the package; and(3) the package will not be indirectly delivered.

Enrollment is required prior to shipping Auto P.O.D.and enrolled shippers must use Auto P.O.D. barcodes.Once enrolled in the program, FedEx Ground willprovide the shipper with their choice of letter of proofsof delivery, manifest proofs of delivery, or both, via anyof the following media: fax, hardcopy, diskette, FTP(File Transfer Protocol) or CD-ROM. An additionalcharge will be assessed for each Auto P.O.D. provided.

(c) Proof of Delivery (P.O.D.) Advantage. FedExGround may provide enrolled shippers with weekly ormonthly reports of delivery information. P.O.D.Advantage reports contain preliminary delivery data.Signature is not guaranteed. Information is available bysingle account, national account or account group(non-national) and is provided so that shippers willhave easy accessibility to delivery information. FedExGround does not intend or permit shipper statusinformation to be used to file claims or to determinewhether any individual shipment fails to meet FedExGround’s service commitments. FedEx Ground will notbe liable for its inability to provide P.O.D. information.An additional charge will be assessed for this service.

Rate QuotationsRates and service quotations by FedEx Groundemployees and agents are estimates only and will bebased upon information the shipper provides. Finalrates and service may vary based upon the shipmentactually tendered and the application of theseGround Terms and Conditions. FedEx Ground is notliable for, nor will any adjustment, refund or creditof any kind be made, for any discrepancy in any rateor service quotation made prior to the shipment andthe rates and other charges for which you areultimately invoiced by FedEx Ground.

The FedEx Ground base rates will be as published inthe FedEx Service Guide at fedex.ca in effect at thetime of shipment. For all rates, the shipper will need


to provide the weight of the package. Fractions of apound or kilogram shall be raised to the next fullpound or kilogram in determining the weight. Visitfedex.ca for online rate and transit information. For international shipments, rates do not includebrokerage fees, duties, or taxes where applicable.

Refusal or Rejection of ShipmentsFedEx Ground reserves the right to refuse totransport and return any package or shipment thatit, in its sole discretion, determines to be dangerous,hazardous, unsafe or unlawful to transport, or likelyto soil, taint or otherwise damage other shippers’property or FedEx Ground’s equipment, personnel orcontractors, or is improperly or insecurely packagedor wrapped, or is economically or operationallyimpracticable to transport. Packages must bepackaged and wrapped so as to pass the proceduresdescribed in the Packaging and Marking sectioncovering testing of the packaged products weighingunder 150 lbs (68kg). Shipper agrees not to tenderany packages containing hazardous materials ordangerous goods for shipment.

ReturnsFedEx Ground Return Options include FedExGround Package Returns Program (“PRP”) andFedEx Ground Call Tag. The FedEx Ground ReturnOptions are subject to all other terms and conditionsprovided in the FedEx Ground claims regulations,and in the Ground Terms and Conditions.

(a) Package Returns Program (PRP)If authorized by FedEx Ground to participate in thePRP, the shipper agrees not to file claims for loss ordamage resulting from the transportation servicesprovided by FedEx Ground in connection with PRP.Unless specifically permitted by FedEx Ground,shipper agrees to use the PRP program only for thosepackages which shipper originally tendered to FedExGround for outbound, prepaid transport.

(b) FedEx Ground Call Tag (Intra-Canada Shipments Only)

1. Shippers may request the recall of packagespreviously delivered by calling Customer Service at1.800.GoFedEx (1.800.463.3339) and giving thelocations of any packages to be recalled.

2. Additional charges for FedEx Ground Call Tag arein addition to applicable transportation charges.

3. Service is available for FedEx Ground shipmentswithin Canada but is unavailable for FedExInternational Ground shipments.

4. FedEx Ground Call Tag packages are not eligiblefor incentives of any kind.

International Service ConditionsThe following sections contain service conditionsthat apply exclusively to international shipments.

A. Billing(1) Invoicing. Duties, taxes, and brokerage fees maybe assessed on the contents of shipments destinedfor international locations. Duties, taxes, andbrokerage fees may be billed to the shipper, if theconsignee refuses to pay them. Charges to shipper’saccount in currencies other than U.S. dollars will beconverted to U.S. dollars, using the weekly Wall StreetJournal conversion rate corresponding to the pick update of the shipment. A service fee may apply.

Regardless of any payment terms to the contrary,shipper is ultimately liable for all charges and feesrelating to a shipment including, but not limited to, any duties or taxes that FedEx Ground hasadvanced. Shippers are responsible for accuratelycompleting all sections of the required exportdocumentation and for the entry of accurateshipment information in any automated device orsoftware program.

(2) Responsibility for Payment. Shipper isresponsible for all charges, including transportationcharges, duties and brokerage fees, governmentalpenalties and fines, taxes, and FedEx Ground’s legalfees and legal costs related to all shipmentstendered to FedEx Ground. Shipper will also beresponsible for any cost FedEx Ground may incur inreturning shipments to shipper or warehousing thempending disposition.

B. Customs Clearance (FedEx Ground does notprovide this service but may assist in brokerageselection).

1. Exports. All shipments crossing internationalborders must be cleared through customs in thedestination country before being delivered to theconsignee.

Shipper agrees to provide all required documentationfor customs clearance and certifies that allstatements and information on said documentation,including documentation submitted electronically,are true and correct. Shipper authorizes FedExGround to forward all information of any natureregarding shipments to any and all governmental orregulatory agencies that request or require suchinformation. Shipper understands that making falsedeclarations or statements may result in civil andcriminal penalties, including forfeiture and sale.

If shipper does not complete all documents requiredfor carriage, or if the documents submitted are notappropriate for the services or destinationsspecified, shipper hereby authorizes and instructsFedEx Ground, where permitted by law, to complete,


correct, or replace the documents for the shipper atthe shipper’s expense. However, FedEx Ground is notobligated to do so.

If a substitute form of commercial invoice is neededto complete delivery of the shipment and FedExGround completes such a document, the terms ofthis Service Guide will continue to govern.

U.S. Customs regulations require the Social SecurityNumber (SSN) of an individual, and the InternalRevenue Service Employer Identification Number(EIN) of the U.S. consignee for certain shipmentsbeing exported to the United States. Thisinformation must be included on the commercialinvoice for all U.S. shipments. The EIN or SSN mustbe on file with the U.S. Customs Service. Anychanges to a company address or the EIN/SSNshould be provided to FedEx Ground for systemupdating. Shipments that arrive in the United Statesthat do not have the correct EIN or SSN may bedetained until that information can be obtained fromthe consignee or determined otherwise. Thisrequirement applies to shipments exported to theUnited States requiring a formal entry.

When shipments are held by customs or otheragencies because of incorrect or missingdocumentation, FedEx Ground may attempt to notifythe consignee or shipper, as determined by local law.If the consignee or shipper fails to supply therequired information or documentation, theshipment may be determined to be undeliverable.FedEx Ground assumes no responsibility for theinability to complete a delivery due to incorrect ormissing documentation. Shipments held by customsor other agencies because of incorrect or missingdocumentation will require additional transit time.

FedEx Ground is appointed as the agent forperformance of customs clearance, where necessaryand allowed by law. FedEx Ground is defined as thenominal consignee and will designate a customsbroker to perform the customs clearance. Localauthorities may require documentation confirmingthat FedEx Ground has been designated as thenominal consignee. All expenses, including customspenalties and storage charges incurred as a result ofan action by Customs, or failure by shipper orconsignee to provide proper documentation or toobtain a required license or permit will be chargedto the consignee along with any applicable duty andtax. If the consignee fails to pay said expenses,shipper is liable for payment.

2. Imports. Shipments originating outside Canada fordelivery in Canada are subject to local tariffs and theapplicable Ground Terms and Conditions.

These Ground Terms and Conditions include terms

regarding the importation and customs clearance ofshipments into Canada. Canada Customs regulationsrequire that where the importer is a corporation, thecorporation must provide its Revenue CanadaImport/Export Account Business Number, identifiedby an “RM” code in the 15-digit federal BusinessNumber. This information must be included on thecommercial invoice for all Canadian importshipments. Shipments, which arrive in Canada,which lack a Business Number or show an incorrectBusiness Number may be detained until thatinformation can be obtained from the consignee ordetermined otherwise.

C. Right to InspectFedEx Ground reserves the right but is not requiredto open and inspect any package tendered to it fortransport.

D. Duties and TaxesIn order to expedite customs clearance, FedExGround may elect to advance duties and taxes on theimporter’s behalf. A FedEx Ground agent or employeemay contact the importer to confirm arrangements forreimbursement of amounts to be advanced. Dutiesand taxes may generally be billed to shipper orconsignee.

If a consignee from whom reimbursement isrequested refuses to pay assessed duties and taxes,FedEx Ground may bill shipper. If the shipper refuses to make satisfactory arrangements forreimbursement, the shipment may be placed into a general order or customs-bonded warehouse.Shipper remains liable for all amounts advanced byFedEx Ground.

E. Refused ParcelsShipper may elect to have the shipment returned ifthe shipment is refused by the consignee or for anyother reason cannot be delivered.

If a shipment is returned to the shipper, the shipperis responsible for payment of both the originaltransportation charges and the return charges. Allduties and taxes, assessed in the destination countryas well as the origin country upon return, are alsothe responsibility of the shipper. All return chargesare payable immediately upon request.

F. Delivery Area SurchargeA delivery area surcharge will be applied to allCanada to U.S. shipments destined for selectcommercial and residential zip codes. A residentialsurcharge will also be applied for residential zipcodes. Please visit fedex.ca for a list of the zip codeswhere the delivery area surcharge will apply.

G. Postal Codes and Telephone NumbersThe consignee’s postal code, telephone number andcontact name are critical information and should be


included on both the Commercial Invoice andaddress label.

H. Shipper Warranty. Shipper warrants that eacharticle in each shipment will possess the requiredpaperwork to export, will be properly described onthe commercial invoice, will be acceptable fortransport by FedEx Ground, and will be properlymarked, addressed, and packaged to ensure safetransportation with ordinary care in handling.

Warranty DisclaimerFedEx Ground makes no warranties, express orimplied, and expressly disclaims any and allwarranties.

Documents

FedEx Ground Terms and Conditions - Select Your …...business accounts, the balance does not exceed the credit limit established by FedEx Ground. “Overcharge” means a charge based