Freight Procedures and Policy
The following policies are intended as a guide for both residential and commercial customers. Your Bill of Lading is a legal contract of carriage and is subject to The Carriage of Goods by Water Act and Rules contained in paragraph 5 of Article IV of the Rules. Where there is any disagreement between the policies contained in this document and the Bill of Lading, the Bill of
Lading or the laws which govern the Bill of Lading will apply. The following link contains the Conditions of Carriage.
It is the policy of Labrador Marine Inc. to give priority to groceries and other critical supplies consigned to residents who live in the ports serviced by the Labrador Coastal Service. The shipment of contractor owned materials and equipment is dependent upon available space. Amendments have been made to this document to include specific policies pertaining to the shipment of construction materials and equipment.
1. Payment Policies
a) Accepted Payment Methods
Labrador Marine Inc. accepts most major payment methods for shipping freight. These methods include Cash, Debit, Visa, MasterCard, and American Express. Personal cheques are not accepted. Customers who have credit accounts set up with the Department of Transportation and Works may charge the cost of shipment to their respective accounts. Customers must have their verified account number available at the time of payment, or another payment option will be required. We reserve the right to refuse any account number that cannot be verified. Customers who wish to set up a charge account should contact the Department of Transportation and Works, Financial Operations Division.
b) Pre-paid Shipments Only
All goods accepted for shipment must be pre-paid in advance of shipment. Labrador Marine is not obligated to store, warehouse or otherwise protect, prepare for shipment, or ship any goods where shipping fees have not been paid. Payment is required at the
time freight is brought to any of our shipping facilities. Freight left at our facilities without payment and/or without a signed Bill of Lading, becomes the sole responsibility of the individual dropping off the freight. We will not be liable for any loss or damage, nor will we ship freight left in this manner.
2. Hours of Operation
a) Happy Valley-Goose Bay
During our normal operating season freight office hours are:
Monday to Wednesday 08:00 AM to 05:00 PM
Thursday 08:00 AM to 07:00 PM
Friday 08:00 AM to 05:00 PM
Saturday 08:00 AM to 10:00 AM (This is a pilot project to evaluate impact on ship loading process)
Local individual shipments only, no commercial shipments will be accepted
Freight will only be accepted within these hours
Freight shipped this late is not guaranteed, see freight policy and procedures
Freight will be loaded in order of date received and correct port order
Sunday Closed
b) All Other Ports
Please contact the wharfinger in your port to arrange shipment of freight. Wharfingers are generally available during regular business hours for receiving freight for shipment.
3. Shipment Methods and Time Frames
a) Mode of Transport
Labrador Marine will select the mode of transportation based on the size and nature of the cargo, available space, and routing requirements. We may choose to load cargo into marine shipping containers, or load it on a vessel as break bulk, or
palletized freight. Sometimes it is necessary to break up large shipments into multiple containers, which may not be delivered at the same time.
b) Delivery Schedule
Acceptance of a customer’s freight does not ensure shipment on the next available vessel. The general policy is "first in - First out", within policy noted in paragraph 2 above. We recommend that customers drop off freight at their earliest convenience at any time during regular business hours. Waiting until the arrival of a vessel is strongly discouraged as there is usually a full vessel load dispatched for shipment prior to a vessel’s arrival, and this will take priority over freight that is arriving subsequently.
Receiving, Packaging, and Labeling Policies
1. Receiving Goods for Shipment
(a) Commercial Shippers
All commercial shippers are responsible for moving their cargo to the tailgate of the truck/trailer for unloading. The cargo must be packaged in such a way that it can be picked up safely by the forklift operator from outside of the truck/trailer. Terminal
employees are not permitted to board your vehicle or trailer. If you are shipping container loads (20 TEU) the maximum weight of contents of the container is 15,000 lbs. Weight, including the container, cannot exceed 19,410 lbs. Any containers offered for shipment that exceeds the limit will be rejected.
(b) Receiving
It is the shipper’s responsibility to ensure that cargo is prepared for shipment prior to arrival at our facilities (see section 3, Labeling and Proper Packaging). An Terminal employee can assist with unloading heavier pieces of cargo from your vehicle or
trailer, if it can be safely handled using a forklift. It is the shipper’s responsibility to unload loose items/packages from their vehicle or trailer.
2. Restrictions on Dangerous Goods
(a) Transportation of Dangerous Goods
Any product that has a "UN" number is dangerous goods. The transportation of these products is handled under the applicable rules as per IMDG and/or TDG code that governs movement of dangerous goods by sea. All dangerous goods being
dropped off for shipment must be accompanied by official dangerous goods documents. Dangerous goods will not be accepted without the proper paperwork. In addition to any official documents, all customers must submit a Dangerous Goods Declaration. Please ensure any dangerous goods is declared at the time of shipping. It is the shipper’s sole responsibility to provide the dangerous goods papers required. Prior to loading on the vessel, the documentation for all dangerous goods will be
provided to the Captain or Chief Officer for verification and load planning. Should there be a conflict with another product causing a situation where the conflicting products cannot be moved on the same voyage, the older shipment will be moved
and the latest will be held and moved on the next voyage. In the unlikely event a product cannot be transported on the vessel alternate arrangements will be made to get the shipment to destination. This does not guarantee that every product
offered for shipment will be moved. There’s a possibility that a product may not be able to be moved by acceptable means, i.e. vessel or air. If you require any further information please contact the freight office prior to dropping off any dangerous goods to avoid any misunderstanding.
(b) Explosives Not Accepted for Shipment
Dynamite and other explosives require special treatment for the purposes of marine transportation, and strict regulations are enforced by Transport Canada and the Department of Natural Resources. The Kamutik W is tasked as a passenger vessel and as such the transportation of most class 1 explosives, cannot be accommodated. Fireworks, depending on UN number, may be shipped. Please contact the Terminal at least 48 hours prior to arrival to ensure your product can be accepted.
3. Labeling and Proper Packaging
(a) Labels
It is the shipper’s responsibility to ensure that their freight is labeled properly. The label should be large enough to be easily found on the package and should be weather proof. It is recommended to use multiple labels on larger items. Labels
should include information such as the consignee name, address, and phone number. We are not responsible for damage or loss of any item that is improperly labeled and may refuse to accept such items for shipment.
(b) Packaging
All items must be appropriately packaged for marine shipment. It is recommended that items be containerized in a rigid container or box, and well-padded to prevent damage from impact and movement. We also recommend that containers should
be weather resistant where possible. We may refuse to accept any item for shipment that is deemed to be inadequately packaged for marine transport.
4. Palletized Freight
(a) Size Restrictions
A standard pallet is considered to be 48" x 40-48". The height restriction for a standard pallet is 6 ft. Any pallet outside of these standard dimensions may require special handling and/or crating. Palletized freight that is higher than 6 feet will not be
accepted for shipment. In order for a pallet to be accepted for shipment it must be in good condition, i.e. no broken board, no nail protruding, etc.
(b) Wrapping and Stability
All palletized freight must be appropriately wrapped and/or strapped in a manner which is consistent with safe marine transportation. We may refuse palletized freight that we deem to be inadequately strapped/wrapped, or unstable.
(c) Mixed Pallets
Pallets containing items for multiple consignees are shipped at the shipper’s own risk. Labrador Marine will not be responsible for any damage or loss to items shipped on a pallet containing items belonging to multiple consignees.
5. Temperature Controlled Cargo
(a) Acceptance of Temperature Controlled Cargo
Goose Bay Terminal accepts perishable items and other temperature-controlled cargo by appointment only. Customers should call in advance to obtain drop off dates and times for such items. Generally temperature controlled cargo will be accepted each week on Thursday and Friday, pending on time departure and storage availability.
(b) Frozen and Chilled
Labrador Marine Inc. accepts both frozen and chilled products for shipment. It is important to note that frozen and chilled products should be labelled accordingly (“FROZEN” or “CHILL”) and should not be mixed together. Damages or loss resulting from incorrect temperatures will not be eligible for damage claims where the item is incorrectly labeled or mixed with items requiring different temperature levels.
(c) Wait Times
It is the shipper’s responsibility to ensure that items requiring temperature control are protected against thawing until such a time as we are able to receive the product. Extended wait times are expected on days when receiving refrigerated cargo. Any thawing will be noted on the Bill of Lading and will void any subsequent damage claim for the item.
6. Break Bulk
(a) Snowmobiles/ATVs
All uncrated snowmobiles/ATVs are considered unprotected and will be shipped at owner’s own risk, due to risk of damage while loading. Boxes and other items (example) attached to the unit will be removed and shipped as a separate line item on the bill of lading. There will be no extra charge for splitting those items from the unit. The attached items will be tagged/marked with shipment id info and placed in mixed containers for that purpose. Should customer refuse this process the unit will not be accepted for furtherance to destination.
(b) Boats
All boats, except canoes/kayaks, must be shipped on a boat trailer. We may refuse to accept any boat for shipment that is not on a trailer.
(c) Vehicles
All vehicles will be inspected (interior and exterior) prior to shipping. A Vehicle Inspection Report will be completed with damages/flaws noted on the Bill of Lading and the customer is required to sign the completed Bill of Lading prior to shipment. The interior of the vehicle should be protected using a waterproof disposable material, such as plastic wrap. Vessel crew and freight handlers often wear soiled clothes on the job and it is the customer’s responsibility to ensure the vehicle is adequately protected. Damages resulting from inadequate protection of the interior of a vehicle are not the responsibility of Labrador Marine Inc.
(d) Non-operational Vehicles and Roll-on/Roll-off Equipment
Passenger vehicles and equipment that are considered to be non-operational and require towing will not be accepted for shipment in Goose Bay. We will accept nonoperational vehicles destined for Goose Bay in other coastal ports and will ship such
items at the owner’s risk. Customers may be required to sign a WAIVER prior to shipment of such items. Any third party towing or lifting services required are the sole responsibility of the owner.
7. Unprotected Freight and Damage Due to Frost
(a) Unprotected freight
Labrador Marine Inc. will not be responsible for any damage sustained to any item that is deemed to be insufficiently packaged or otherwise unprotected. Any such item that is accepted for shipment is done so at the shipper’s/owner’s own risk of damage.
Damage claims will not be accepted for such items.
(b) Temperature damage
Any damage to items, other than temperature-controlled freight, as a direct result of freezing due to cold temperatures is beyond the control of Labrador Marine Inc. It is important for customers to ensure that temperature sensitive freight is shipped early enough in the season to avoid cold temperatures.
Shipping/Delivery Policies and Procedures
1. Proof of Delivery
Upon delivery of goods to the port of destination, no item is to be taken from the dock without the customer signing the proof of delivery portion of the Bill of Lading. Goods taken by the customer prior to signing the appropriate paperwork will void any subsequent damage claim for the item. Any damages or shortages noticed when an item is received should be reported immediately to the wharfinger and noted on the proof of delivery. Damages reported after the customer signs the proof of delivery and removes the item from the dock facility will not be accepted unless the damage is considered to be concealed damage. Note Damage Claim Process, item 4 below, for limit on reporting concealed damage.
2. Goods Not Received
Any claim submitted for goods not received will only be valid if the missing item is explicitly indicated on the Bill of Lading. For example, if the missing item is believed to have been on a pallet containing other goods, then that item must be indicated on the Bill of Lading. If the Bill of lading only references a pallet of goods and does not explicitly reference the missing item,
then we have no proof that the item was ever on the pallet. In such cases, the customer should contact the shipper for any claim of loss.
3. Unclaimed Items
There is limited storage space available at its dock facilities and encourages customers to pick up their items as soon as possible. We reserve the right to charge storage fees on any item not picked up by the customer 12 hours after the item has arrived at the destination port. Unclaimed items will be disposed of after a period of 60 days. Please note that goods not picked up in timely manner is at owners risk of loss or damage.
4. Damage Claim Process
(a) General Procedures
Damages must be reported in writing immediately to the wharfinger at the destination port, prior to removing the item from the dock facility. Concealed damage must be reported within three (3) days. A damage claim form must be completed and submitted to our office within 90 days of the item arriving at the destination port. Damage claim forms must include a consignee’s copy (pink) of the Bill of Lading, as well as any supporting documentation such as a purchase receipt or invoice.
The item being reported as damaged must be shipped to our Happy Valley - Goose Bay facility for inspection. The item must be labelled with the Bill of Lading number and should also include the words “DAMAGE CLAIMS”.
(b) Rejected Claims
If the claim is rejected, the item will be shipped back to the consigned port. Customer will be notified in writing of the status and reason why the claim was rejected. Customers have the right to appeal a rejected claim if new or missing information can be provided within the 90 day claim validity period.
(c) Approved Claims
If a damage claim is approved for payment then the customer will be notified in writing or by phone. We will, at our sole discretion, either replace the item with the same or an equivalent product at its current fair market value; repair the item to put
it back to its pre-damaged condition; or issue a onetime payment to the customer equal to the lesser of the item’s current fair market value or the amount being claimed, minus any salvageable value remaining in the product and up to the maximum liability allowed under the Contract of Carriage (bill of lading) and its governing laws. Anytime a payment is issued for the full amount of the claim, the item becomes the legal property of the Company.
Construction Materials and Equipment
This section contains information specific to the shipping/receiving of construction materials and equipment. Effective June 1st, 2016, the movement of construction material and equipment, including sand/stone aggregates, will be subject to the following:
a) All construction material in excess of 2,000 lbs and/or having dimensions in excess of that which would allow transport via TEU container will be rated as Heavy Equipment. Sand/stone aggregate will be rated at a minimum of 2,200 lbs per bag and Heavy Equipment rates will apply.
b) Sand Bags will not be shipped in Company owned containers unless they are on a Hardwood Pallet. We will not supply pallets for the shipment of contractor construction materials and contractors are responsible to arrange the return shipment of empty pallets if required.
c) The maximum number of 2,200 lb capacity sand bags that can be shipped in a TEU container is 6 bags and the total weight, including the container, must not exceed 19,410 lbs. Stacking of sand bags will not be permitted in any container. Containers that are over the weight limit will be rejected.
d) We will not unload construction materials, including sand/stone aggregate, from other company owned containers in any of our port facilities.
e) Trailer retention fees, demurrage charges, and storage fees are chargeable to any contractor or business that fails to remove their materials and equipment from any port facility within a reasonable time frame. Customers must be prepared to claim and
remove their freight within 12 hrs (exclusive of weekends and holidays) of receiving notice of delivery.
f) Under no circumstances will we displace consumer products and supplies such as groceries, household goods, and other critical supplies for contractor construction materials or equipment. The shipment of contractor items is thereby restricted based on available space.
g) Dangerous goods will only be accepted if labeled properly and accompanied by the appropriate paperwork, as per Transport Canada regulations. We will refuse the shipment of dangerous goods at its sole discretion. Materials used as explosives will not be accepted for shipment.
h) Labrador Marine is not responsible to ensure that contractors can meet deadlines or other project time frame requirements. Furthermore, we do not guarantee delivery of contractor construction materials or equipment in any given shipping season.
Conditions of Carriage (Freight Bill of Lading)
1. Clause Paramount: This Bill of Lading/Contract of Carriage (the "Contract") shall be governed by and subject to the laws of Canada and as applicable the Hague-Visby Rules (the "Hague-Visby Rules") as so defined and incorporated therein.
2. Definitions: "Goods" mean the vehicle, unit, container, or any other item described in the Contract and shall include the contents thereof; "Carrier" includes the operator, charterer or owner of the ship; "Consignee" means the person to whom the goods are to be delivered at destination and includes the owner thereof and if applicable the Consignee may be the same person as the Shipper herein; "Shipper" means the person who ships the goods and includes the owner thereof and if applicable, the Shipper may be the same person as the Consignee herein; "Passenger" includes all persons traveling under this Contract and their heirs and representatives.
3. Tariffs: This Contract shall be subject to all terms, conditions and charges specified in the applicable tariff of the Carrier. (Note: Tariff available for inspection upon request).
4. Passengers: The purchaser of this Contract accepts for himself or herself and on behalf of any other person or child traveling under this ticket, including the owner of any vehicle carried hereunder, as well as the heirs and representatives of any person aforementioned, the terms and conditions herein and the terms and conditions contained in the Carrier's tariff. Passenger assumes all risk of personal injury, or death caused by or attributable to perils of the sea, dangers of navigation, want of care of the management of the Vessel, Act of God or public enemies, fire, inherent or latent defects and any other cause which arose without the actual fault or negligence of the Carrier. Carrier shall have the full benefit of any applicable laws providing for limitation and exoneration from liability, and nothing in this Contract is intended to operate to limit or deprive Carrier of any such statutory limitation of or exoneration from liability. Without limiting the foregoing, Carrier claims benefit of all applicable restrictions, exemptions and limitations of the Athens Convention as so defined and incorporated within the laws of Canada. Carrier shall not be liable for loss or damage to items remaining in the possession, custody or control of the Passenger. Carrier shall be discharged from all liability for personal injuries arising out of this Contract unless an action for damages is commenced within two years from the date of disembarkation or from the date when disembarkation should have taken place, whichever is later.
5. Limitation of Liability: Limitation of liability of Carrier shall be applicable from the making of this Contract until the goods are delivered to consignee at destination. Liability of Carrier for loss, damage or delay to goods or contents thereof shall not exceed those limits contained in the Hague-Visby Rules, notwithstanding that such loss, damage or delay may be caused or contributed to by the negligence of Carrier, its servants or agents. For the purpose of the limitation of liability contained in paragraph 5 of Article IV of the Hague-Visby Rules, it is expressly agreed between the Shipper and the Carrier that the goods and contents thereof shall constitute one single "unit" within the meaning of such limitation of liability. Carrier shall not be liable for loss or damage to goods caused by Shipper or Consignee, or their respective agents, while such persons are handling the goods on ship or on Carrier's premises. Carrier shall not be liable for loss, damage or delay to goods or contents thereof, caused by or attributable to Act of God, Queen's or public enemies, authority of law, quarantine, riot, strikes whether partial or general, perils of the sea or navigation of the ship, act or default of Shipper or Consignee, fire or inherent defect in goods or any conditions beyond the control of Carrier. It is expressly agreed between the Shipper and Carrier that the carrier shall, in all cases, be entitled to all the rights and immunities, including limitation of liability contained in the Hague-Visby Rules.
6. Discretion of Carrier: Carrier agrees to carry goods to port of destination as soon as it is reasonably able to do so. Carrier reserves the right in its sole discretion to substitute one ship for another, to deviate from or to cancel a scheduled sailing without notice and to refuse to load goods on ship if in the opinion of the Ship's Master such loading would constitute a danger to life or to property. Carrier assumes no liability whatsoever with respect to delay which results from any of the foregoing events.
7. Storage following Carriage: If goods are stored on Carrier's premises following unloading from ship, liability of Carrier for loss or damage to goods or contents, shall be that of warehouseman only and liability of Carrier shall not exceed $500 per package or unit except where an additional charge has been paid on declared value. Carrier may charge Shipper or Consignee for storage of goods in accordance with its tariff, but such charge for storage shall not increase liability of Carrier.
8. Refrigeration or Heating Equipment: Carrier shall not be responsible for operating or maintaining refrigeration or heating equipment of goods while on ship or on Carrier's premises. Carrier shall not be liable for any loss or damage to goods, or contents, resulting from failure or malfunction of heating or refrigeration equipment related to the goods.
9. Livestock: Carrier shall not be liable for any accident, injury, illness, death, loss or damage to livestock arising at any time whether caused by unseaworthiness or negligence or any other cause whatsoever.
10. Indemnity re Contents of Goods: Shipper shall be solely responsible for and shall indemnify and save Carrier harmless against all claims, demands or suits by whomsoever made or brought, relating to loss, damage or delay to contents of goods, or to personal injury, loss or damage caused by or attributable to contents of goods, including loss or damage caused to ship or other property of Carrier. Shipper or Consignee shall reimburse Carrier for all expense incurred by Carrier in repair, defect or mechanical failure of goods, or to defect of Shipper in securing contents in or upon goods. Carrier reserves the right to receive payment of security for payment of such expense before delivery of goods at destination.
11. Damage to be Reported - Time Limit for Suit: Carrier shall not be liable for damage to goods unless Shipper or Consignee reports damage to Carrier before goods are removed from the Carrier's premises and Carrier is given a reasonable opportunity to inspect damage. Carrier shall be discharged from all liability for loss, damage or delay arising out of this contract of carriage unless Shipper or Consignee commences legal suit against Carrier within one year after delivery of goods or within one year after date when goods should have been delivered under this Bill of Lading/Contract of Carriage.
12. Freight Acceptance, Storage and Pickup: Freight requiring indoor storage will only be permitted for short term storage of goods to/from the port(s) only; no long-term storage is permitted. Freight accepted for storage prior to shipping will be accepted at wharfingers discretion and only in the time immediately prior to vessels arrival to the port. Freight outbound that requires protection should be shipped as close to vessel departure as possible to prevent blocking shed when the ship arrives to unload. Inbound freight requiring protection from the weather when the vessel off loads will be stored in the shed but customers MUST take delivery of their freight by 5:00 PM the day after freight is landed at the port. If freight is not picked up within that timeframe, it will be subject to demurrage charges after that pick-up time is exceeded. Freight that is left for an extended period will be return to the port of origin where the shipper or consignee will be required to pick it up and pay the demurrage and return freight charge from the point of origin.
13. These Conditions to Prevail: The Conditions contained in this Contract shall prevail over the conditions contained in any Receipt or other document issued by the Carrier for the purpose of acknowledging receipt of money paid by the Shipper pursuant to this Contract.
14. Demise Clause: If the ship is not owned by or chartered by demise to the Carrier by which the goods are intended to be carried hereunder (as the case may be notwithstanding anything that appears to be the contrary), this contract shall take effect only as a contract with the owner or demise charterer, as the case may be, as principal, made through the agency of Labrador Marine Inc. or the said ocean Carrier which in either case acts as agent only and which be under no personal liability whatsoever in respect thereof.
15. Liberty Clause: Containers, whether the goods therein be stowed by the Carrier or by the Shipper, uncontainerized unit load machinery or customary goods, may be carried on or under deck without notice to the Shipper, and if they are so carried the Hague-Visby Rules shall be applicable notwithstanding carriage on or under deck and the goods shall contribute in General Average whether carried on or under deck.
16. Himalaya Clause: "It is hereby expressly agreed that no servant or agent of the Carrier (including every independent contractor from time to time employed by the carrier) shall in any circumstances whatsoever be under any liability whatsoever to the shipper, consignee or owner of the goods or to any holder of this Contract for any loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect or default on his part while acting in the course of or in connection with his employment and, without prejudice to the generality of the foregoing provisions of this clause, every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defense and immunity of whatsoever nature applicable to the Carrier or to which the Carrier is entitled hereunder shall also be available and shall extend to protect every such servant or agent of the Carrier acting as aforesaid and for the purpose of all the foregoing provisions of this clause the Carrier is or shall be deemed to be acting agent or trustee on behalf of and for the benefit of all persons who are or might be his servants or agents from time to time (including independent contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to the contract in or evidenced by this Contract.
17. Disputes: It is agreed between the parties that all disputes shall be litigated in and before a court of the Federal Court of Canada located in the Province of Newfoundland and Labrador to the exclusion of the courts of any other country, province or territory. The parties to this Contract hereby waive any venue or other objection to any such action being brought in any other court except as aforesaid.