Limitation of Liability


As a Transportation intermediary there are limits on our liability for loss or damage to cargo.  Please see our Limitation of Liability which outlines the conditions of carriage and our legal position as an intermediary.

 

KML Logistics Group Inc. Limitation of Liability and Cargo Insurance Considerations

KML Logistics Group Inc. "KML" is a non-asset based freight broker. In arranging for transportation of goods, KML is acting as agent only. KML does not present itself as, nor assumes any liability as a carrier and does not accept any responsibility for any loss, damage or delay to the goods to be transported, but undertakes only to use reasonable care in the selection of carriers, forwarders, agents, warehouseman and others to whom the goods may be tendered for transportation, handling and/or storage or otherwise, subject to conditions imposed by such carriers and other parties. Part of our obligation as an intermediary, is to further ensure that we do our very best through due diligence to ensure that the selected carrier's have cargo insurance that is up to date and in good standing. Acting as a broker, KML itself cannot waive nor confer cargo liability under any circumstances as cargo liability is  governed by statute and is assigned by the bill of lading as a contract of carriage between the shipper and the carrier. Any claim for loss or damage to cargo must be made directly against the carrier by the damaged party, usually the shipper and/or owner of the property. Where the goods to be shipped are of an extraordinary value (exceeding CAD$2.00/lb.), and the shipper desires the carrier to assume a specific liability, KML will on prior notification by the shipper select a carrier with adequate insurance limits and forward a copy of the carrier’s insurance certificate to the shipper if requested. In such a circumstance the value of the goods must be declared clearly on the face of the bill of lading at the time of shipment and signed by the carrier at time of pick up of product / goods.  If the shipper fails to make the necessary declared value notation on the bill of lading, the cargo liability of the carrier will be limited to the statutory minimum.  Clients / shippers / consignees may refer to Highway Traffic Act Ontario Regulation 643/05 carriage of goods for a detailed explanation of liability.  KML shall not be liable or responsible for any claim or demand arising from any cause whatsoever, unless in each case the damages alleged to have been suffered be proven to be caused directly by the gross negligence of KML, in which event the liability of KML shall not exceed CAD$2.00/lb. based on the actual weight of the shipment. Any and all liability of KML is subject to proof of loss. Notice of a claim for loss, damage or delay made against KML must be given in writing and must be received by KML within seven (7) days of the receipt of the goods by the shipper.  Under no circumstances shall KML be responsible for any special, incidental or consequential damages, including loss of profits. No other representation, warranty, collateral agreement or condition, written or oral, which has been made or given, except as referred to in this document shall be binding on KML unless this document is expressly cited and countermanded in a written contract signed by both parties.

Updated: Dec / 10