SERVICE AGREEMENT
This Service Agreement ("Agreement") is between ShipTODR.com ("ShipTODR.com" or "Carrier") and the Shipper, defined as any individual or entity requesting ShipTODR.com’s services, including consignors, consignees, and owners of goods ("Goods") that are the subject of services performed by ShipTODR.com. The Shipper agrees to abide by all terms and conditions in this Agreement.
- Governing Law and Jurisdiction
This Agreement is governed by the laws of the Province of Ontario, Canada, for all activities conducted within Ontario, including handling, storage, and preparation for export. For all matters involving international transit and delivery within the Dominican Republic, this Agreement is subject to applicable international trade and customs laws, as well as Dominican Republic import regulations. Any disputes arising from this Agreement shall be resolved in the exclusive jurisdiction of the courts of Ontario, Canada.
- Scope of Services
- Standard Freight Forwarding Services
ShipTODR.com agrees to use reasonable care to receive, consolidate, and arrange for the transport, customs clearance, and delivery of Goods. ShipTODR.com will notify the person requesting transport once Goods are delivered. ShipTODR.com may subcontract to any carrier or service provider whose terms align with the trade and transport mode. ShipTODR.com includes a margin for its services above Carrier’s and service provider’s charges and expenses. ShipTODR.com will make reasonable efforts to follow specific instructions from the Shipper within ShipTODR.com’s service range. However, ShipTODR.com reserves the right to deviate from instructions due to unforeseen events without incurring additional liability.
- Additional Services for Fees
Upon request and for additional charges, ShipTODR.com may:
Transport Goods beyond personal effects and non-perishable foods, provided they comply with Dominican Republic import restrictions.
Deliver Goods to alternate destinations within ShipTODR.com’s service range if feasible.
If the Carrier cannot deliver to a specified re-routing destination, the Shipper agrees to accept delivery at a terminal or warehouse within the Carrier’s service range or to arrange delivery upon return. The Shipper is responsible for all additional costs associated with re-routing, handling, and storage.
- Responsibilities of ShipTODR.com
ShipTODR.com agrees to use reasonable care in selecting Carriers and service providers and to perform services within a reasonable time after receiving Goods. ShipTODR.com's responsibilities, rights, and defenses are subject to applicable laws and the Carrier’s terms of carriage. For Goods lost or damaged, ShipTODR.com's liability is limited to the lesser of $4.41 per kilogram or $500 per package.
ShipTODR.com assumes no responsibility for indirect or consequential damages, including delays, loss of use, or loss of profits.
- Shipper's Responsibilities
The Shipper agrees to:
Provide complete and accurate addresses, access information, and all required documentation for transport and import.
Accurately state the type and weight of Goods.
Prepare, package, and label Goods properly for transport, including using clean, pest-free materials.
Warn ShipTODR.com of special handling requirements or any unusual features of the Goods.
Ensure compliance with all Canadian export and Dominican Republic import laws, including prohibited items regulations (see Section 7).
Pay all transport charges, including customs duties and import fees, and take delivery of Goods at the destination.
Provide accurate and complete documentation as required by Canadian, U.S., Dominican Republic, or other relevant customs authorities. The Shipper will bear any costs, fines, or delays resulting from incomplete or inaccurate documentation.
If the Shipper fails to take delivery of Goods or if Goods are improperly prepared or documented, ShipTODR.com reserves the right to refuse the shipment or to abandon or auction the Goods to recover any outstanding charges.
- International Transit through Third-Party Countries
Goods transported by ShipTODR.com may transit through third-party countries, including the United States or other nations. The Shipper is responsible for ensuring that all Goods comply with the laws, regulations, and documentation requirements of any transit country, including but not limited to the U.S. and any applicable U.S. customs, export, and import laws. ShipTODR.com is not liable for any delays, financial impacts, or additional fees resulting from customs holds, inspections, or other customs-related actions taken by authorities in any transit or destination country.
- Storage Charges and Terms
If Goods cannot be shipped or delivered due to incomplete documentation, customs non-compliance, or unpaid charges, ShipTODR.com will store them at the Shipper’s expense. Storage Fees: Undeclared goods incur a $300 per pallet monthly storage fee while held in Ontario. If Goods remain unclaimed or necessary documentation is missing for 30 days, ShipTODR.com will notify the Shipper by email and phone (if available) before disposal. If no response is received within 14 days, a second notice will be sent. Disposal or sale will occur no sooner than 45 days from initial storage unless specified otherwise. International Storage and Re-routing: If Goods cannot be delivered in the Dominican Republic, the Shipper agrees to cover re-routing or storage fees as determined by local facilities. ShipTODR.com will notify the Shipper of such fees. Liability for Stored Goods: ShipTODR.com's liability is limited to $4.41 per kilogram or $500 per package, excluding indirect damages, loss, or deterioration unless caused by gross negligence.
- Prohibited Items
Prohibited items include batteries, alcohol, tobacco, vape products, animal products, animal skins, plant products, soil samples, ivory, shark fins, human or animal corpses, cremated or disinterred remains, dangerous goods as defined by the International Air Transport Association (IATA), explosives, fireworks, hazardous liquids, hazardous waste, fully regulated dangerous goods, flammable items, flammable liquids, corrosive chemicals, radioactive materials, fire extinguishers, weapons in all forms (including firearms, ammunition, knives, toy guns, hunting gear, and military gear or equipment), communication and radar equipment, prescription drugs without proper documentation, marijuana (including medicinal use), cooked foods, perishable items, liquids not safely sealed or likely to shatter during transit (such as glass containers or unprotected glass), bank bills, notes, currency, negotiable instruments, non-declared jewelry, precious metals, postage stamps, ship spares, perfumes, counterfeit goods, and any items restricted by Dominican Republic law.
Consequences of Shipping Prohibited Items
If prohibited items are discovered in a shipment, ShipTODR.com reserves the right to confiscate the package and cooperate with authorities. The Shipper is liable for any legal consequences, fines, or penalties resulting from attempts to ship these items. ShipTODR.com is not responsible for the loss of prohibited items or any associated costs.
Shipper’s Acknowledgment of Prohibited Items Risks
The Shipper acknowledges understanding that attempting to ship prohibited items poses significant legal and financial risks, including potential civil or criminal penalties. ShipTODR.com is not responsible for any legal or financial repercussions incurred by the Shipper as a result of non-compliance with these regulations.
- Customs Compliance and Liability
The Shipper is fully responsible for ensuring compliance with Dominican Republic customs regulations and will bear all costs, including penalties, fines, and related charges due to prohibited or improperly declared items. ShipTODR.com will notify the Shipper within three (3) business days of becoming aware of any customs holds, inspections, or other customs-related issues impacting the shipment. Any additional fees, including but not limited to storage or inspection costs arising from customs holds or inspections, will be billed to the Shipper.
- Shipper Declaration
The Shipper declares that their package does not contain any prohibited items listed in this Agreement and complies with all current legal restrictions, including any new or updated requirements from Canadian or Dominican Republic authorities. The Shipper is responsible for all costs and penalties associated with non-compliance with export and import laws.
- Insurance Limitations
ShipTODR.com does not provide additional insurance options beyond Ontario law requirements. The Shipper is responsible for securing any necessary insurance independently to cover potential losses or damages during transit.
- Limitations of Liability and Indirect Damages
ShipTODR.com's liability for lost or damaged Goods is limited as stated in Section 3. ShipTODR.com assumes no responsibility for indirect or consequential damages, including delays, lost profits, or enjoyment. ShipTODR.com's liability insurance does not cover prohibited items, and any claims related to such items are null and void. ShipTODR.com is not liable for indirect or consequential damages, including but not limited to delays, loss of use, or lost profits resulting from regulatory delays, customs holds, or actions by third-party carriers or authorities outside of ShipTODR.com's control.
Force Majeure Clause
ShipTODR.com shall not be liable for any failure to perform its obligations under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, port strikes, customs shutdowns, governmental restrictions, wars, or other force majeure events.
- Inspection Rights
ShipTODR.com reserves the right to inspect any package if there is reasonable suspicion that it contains prohibited items or lacks proper documentation. ShipTODR.com is not liable for delays caused by inspections necessary to ensure compliance with legal requirements.
- Handling Fees for Non-Compliant Goods
The Shipper agrees to cover any additional handling fees if goods require repackaging, re-labeling, or other modifications to meet compliance standards. These fees will be calculated based on the level of intervention required and will be invoiced separately. Examples of fees may include labor costs, materials, or adjustments needed to ensure compliance.
- Third-Party Carrier Delays
ShipTODR.com is not responsible for delays, damages, or non-compliance arising from third-party carriers or local delivery services once goods are in transit beyond ShipTODR.com's direct control.
- Payment Terms for Additional Fees
The Shipper agrees to pay any additional fees, including storage, handling, or customs-related charges, within 15 days of receiving an invoice from ShipTODR.com.
- General Compliance Clause
The Shipper agrees to comply with all applicable laws, regulations, and international trade standards not specifically mentioned in this Agreement, including any changes in legal requirements or restrictions that may arise during the term of this Agreement.
- Time Bar for Claims
Any legal proceedings against ShipTODR.com must be initiated within nine (9) months from the date the Goods were received for transport.
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