Terms and Conditions
Acceptence
By placing an order with TECKA International Inc for pick-up and/or delivery, you agree to all of the terms
and conditions stated herein.
Applicable Law
The laws of the province of Ontario will govern these disclaimers, terms and conditions, without regard to
any conflict of law provisions. You also agree and submit to the exclusive jurisdiction and venue of the
courts of the province of Ontario and acknowledge that you do so voluntarily. The parties agree to use
their best efforts to resolve any dispute that may arise through good faith negotiations. The parties
acknowledge their desire that any irreconcilable dispute or difference shall be resolved by mediation
involving the appointment of a mutually acceptable mediator. The cost of any such mediation is to be
shared equally by the parties. This is without prejudice to any other right or entitlement that they may
have. If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, then
such provision is deemed severable and will not affect the validity or enforceability of any of the remaining
provisions.
Indemnity
You shall indemnify and hold harmless TECKA International Inc against all liabilities, losses, claims,
damages, costs and expenses of any nature whatsoever incurred as a consequence of your non-
observance of any regulation of whatever nature which you are required to observe with regard to or in
connection with the carriage of the goods shipped.
Payment
Invoices are payable upon receipt. Any discounts applied to an order are subject to payment being
received on time. Where payment for a shipment has not been received within 30 days of invoice, TECKA
International Inc has the option of recalculating all charges to those shown in the current tariff. Overdue
balances are subject to interest calculated at 2% per month (19.6% per annum) which shall accrue and
be payable to TECKA International Inc on all outstanding monies. This is in addition to any legal rights
and remedies available to TECKA International Inc.
Delay
Unless agreed to otherwise in writing, TECKA International Inc shall not be liable for any special
consequential or other damages caused by mere delay in the delivery of a shipment.
Limits of Liability
TECKA International Inc shall not be liable for any loss, damage, destruction or unreasonable delays
arising from factors beyond the control of TECKA International Inc including but not limited to the
following causes: acts of God, the Queen’s or public enemies, awful weather, bad traffic conditions, riots,
strikes, war or terrorism, authority of law, defect or inherent vice in the goods shipped, act or default of the
shipper or owner of the goods, nuclear reaction, radiation or radioactive contamination.
Declared Value of Shipments And Insurance
The shipper may declare the value of a shipment for the sake of record keeping. However, unless the
shipper indicates YES in the Insurance prompt during order placement, TECKA International Inc ‘s liability
for any loss, damage or injury to a shipment shall not exceed the lesser of $1.50 per pound or $50.00. If the shipper indicates YES in the Insurance prompt during order placement, an additional charge equal to $1 per $100 or part thereof on declared value in excess of $200 will be applied. Insurance on declared
values of over $1000 must be pre-approved by a TECKA International Inc office employee. TECKA
International Inc cannot insure the following items under any circumstances: tenders, antiques, currency,
precious metals or stones, glass or glassware, ceramics, household goods, travelers cheques, works of
art, liquor, wine, spirits, tobacco, cigars, cigarettes, stocks, bonds, certificates, bullion, money orders,
stamps, jewelry, watches, cashier’s cheques, plants, liquids, perishables, furs. All computer, electronic
goods and the like must be in original manufacturer’s packaging and are not covered unless certified as
operating before pick-up, and unless packaging is damaged in transit and so noted upon delivery. Claims
made on shipments signed for in good order will not be processed. The claimant agrees that
notwithstanding any disclosure of the nature or value of the goods, the amount of any loss or damage,
including consequential, incidental or indirect damage, loss of earnings or profits resulting from the loss of
or damage to the goods, shall not exceed the maximum liability of TECKA International Inc set out above.
Notice of Loss or Damage
Notice of loss or damage must be given to TECKA International Inc within twenty-four (24) hours after
such loss or damage becomes known and in writing within ten (10) days after the order was placed.
TECKA International Inc. will accept no liability for loss or damage unless written notice of such loss or
damage is received within ten days after the order was placed.
Fuel Surcharge
The fuel surcharge applies to the cost of all orders using vehicles for delivery based on the fuel prices.