TERMS AND CONDITIONS

LIMITATION OF LIABILITY

The amount of any loss or damage for which the carrier may be liable, shall not exceed $100 per shipment unless a higher value is declared on the face of the manifest by the consignor, and it is further agreed as a special agreement and not withstanding any disclosure of the nature of extraordinary value of the goods, the amount of any loss or damage including loss of earnings or profits in any manner resulting, whether or not from negligence or gross negligence, from loss of or damage to the goods and/or mis-delivery, failure to deliver or delay in delivery of the goods for which carrier may be liable to the consignor, owner consignee and/or any third party whether in contract tort or otherwise shall in no event exceed (I) in the case of fundamental breach by carrier the greater of an amount equal to carrier's maximum liability aforesaid and the amount of all freight and other charges paid hereunder, and (II) in any other case, an amount equal to carrier's maximum liability aforesaid.

The carrier shall not be liable for an amount greater than the carrier's maximum liability aforesaid arising out of a contract for the damage of any tender, contract or other document or package whatsoever whether or not the carrier or any of its agents, servants or representatives has any special or other knowledge (I) of the contents of any document or package, and/or (II) of the importance of delivery or importance of the date and/or time of delivery. No agent, servant or representative of the carrier has authority to alter, modify or waive this provision.

The carrier shall not be required to accept any shipment with declared value in excess of $500 unless agreed to prior in writing by the carrier.

The carrier shall not be liable for any loss, damage, destruction or delay arising from causes not within the carrier's control including without limitation: acts of God, the queen's or public enemies, riots, strikes, authority of law, defect or inherent vice in the goods shipped; act or default of the shipper or owner of the goods, or nuclear reaction, radiation or radioactive contamination.

By default FlashBird offers $100 insurance for a shipment. (A shipment can contain one or more than one package). The insurance will cover package loss and damage during transit. Customers can purchase additional insurance at $1 per $100 insurance. Maximum insurance is $500 for a shipment.

DANGEROUS GOODS

Carrier shall not be liable for any loss, damage, delay or failure to perform for goods that are prohibited, restricted or required to be carried in special containers by CTC, IATA, or otherwise unless shipper fully discloses nature of dangerous goods and same have been properly contained. Shipper agrees to identify the carrier for all costs and damages caused by its failure to disclose and/or properly contain dangerous goods.

RECEIPT OF FREIGHT

Received at the point of origin on the date specified, from the consignor mentioned herein, the property herein described, in apparent good order, except as noted (contents and conditions of contents of package unknown) marked, consigned and destined as indicated herein, which the carrier agrees to carry and deliver to the consignee at the said destination. If on its authorized route or otherwise to cause to be carried by another carrier on the route to said destination, subject to the rates and classification in effect on the date of shipment.

It is mutually agreed as to each carrier of all or any of the goods over all or any portion of the route to destination and as to each party of any time interested in all or any of the goods that every service to be performed hereunder shall be subject to all the conditions not prohibited by law whether printed or written, including conditions on back hereof which are hereby agreed by the consignor and accepted for himself and his assigns.

NOTICE OF CLAIM

Any damage or loss must be noted on the bill of lading at time of delivery, otherwise consignee's signature will constitute a clear receipt. Notice of loss, damage or delay must be given to the carrier at its head office within seventy two (72) hours after such loss, damage or delay becomes known. No carrier is liable for loss, damage or delay to any goods carried under the Manifest unless notice hereof setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage or delay is given in writing to the originating carrier or the delivering carrier within 10 days after the delivery of the goods or, in case of failure to make delivery, within 10 from the date of shipment. The final statement of claim must be filed within 3 months from the date of shipment together with a copy of the paid freight bill.

PERISHABLE & THERMAL SENSITIVE GOODS

No protective service for the transportation of perishable commodities or for commodities requiring protection from heat or cold. Such commodities will be accepted for transportation solely at the shipper's risk of damage occasioned by exposure to heat or cold.

APPLICABLE LAW

The contract for the carriage of goods listed in this bill of lading shall be deemed to include and be subject to the terms and conditions prescribed by the law of the jurisdiction where the goods originate which if Newfoundland, Nova Scotia, New Brunswick, Prince Edward Island, Saskatchewan and British Columbia, the regulations made pursuant to the Motor Carrier Act of each province; Quebec the bill of lading form and terms and conditions approved by the Quebec Transport Commission; Ontario, the Public Commercial Vehicles Act and Regulations thereto; Manitoba, The Highway Traffic Act and Regulations thereto; Alberta, The Motor Transport Act and Regulations thereto. The contract for the carriage of goods listed in this Manifest shall be in accordance with the Rules and Regulations published in the carrier's tariff of tolls, in effect on the date hereof to which the shipper assents and as evidence thereof accepts this receipt.

TAXES

All applicable Federal and Provincial taxes required by law will be charged on all freight costs and surcharges. The customer agrees to pay any and all taxes assessed to their account.

PARTIAL INVALIDITY

Any provision hereof prohibited by law shall to the extent prohibited be ineffective and severable without invalidating any other provision hereof.

MODIFICATION OF CONTRACT

This manifest constitutes the entire contract between the carrier and the shipper, and no agent, servant or representative of the carrier has the authority to alter, modify or waive any provision of the contract.