FedEx Express Terms and Conditions...fedex.ca FEDEX SERVICE GUIDE2005 57 Use of post office box...

54 FEDEX SERVICE GUIDE 2005 1.800 .GoFedEx

FedEx ExpressTerms and ConditionsTable of Contents

Definitions ............................................................56

Account Numbers ................................................56

Address Correction..............................................56

Billing....................................................................57

Business Days/Carrier Holidays ......................59

Carriage Under Warsaw Convention................59

Cartage Agents/Pick Up and Delivery Service to and from points outside FedEx Direct Service Area ................................59

Cartage Agents/Pick Up and Delivery Service to points within FedEx Direct Service Area ........................................................60

Claims, Legal Action and Arbitration..............60

Collect on Delivery (C.O.D.) Service ..............61

Credit Terms ........................................................61

Customs Clearance (International only) ......61

Dangerous Goods ................................................64

Declared Value, Limits of Liability(Not Insurance Coverage) ................................64

Dimensional Weight (Volumetric Weight) ......66

Drop Off and Drop Off Discounts ......................67

Duties and Taxes ................................................67

Export Control Laws ..........................................67

Fuel Surcharges ..................................................67

Hold at FedEx Location ....................................67

Inspection of Shipments ....................................68

Liabilities Not Assumed......................................68

Method of Payment ............................................70

Money-Back Guarantee* Policy ......................70

Multiple Package Shipments ............................72

Package Tracking Service ................................72

Packaging and Marking....................................72

Perishables ..........................................................73

Pharmaceuticals ..................................................73

Pick Up and Delivery Service ..........................73

Post Office Box Addresses ................................74

Privacy ..................................................................74

Proof of Delivery – Verbal..................................75

Proof of Delivery – Written ..............................75

Qualified Acceptance of Shipments ................75

Rate Quotations ..................................................75

Re-Delivery of Service........................................75

Restrictions (International) ............................75

Restrictions (Intra-Canada) ............................78

Routing and Re-Routing ....................................79

Saturday Service..................................................79

Storage Fees ........................................................80

Undeliverable Packages ....................................80

Warranty Disclaimer ..........................................80

Mandatory Law ....................................................80

Effective February 28, 2005

This FedEx Service Guide, Canadian Edition, 2005 includes Part 1 – FedEx Express & FedEx Ground Guide to Services and Terms and Conditions,effective February 28, 2005 and Part 2 – FedEx Express and FedEx Ground Rates, effective January 3, 2005, and any amendments thereto.

Please note that all amendments to the FedEx Service Guide will be posted on our website, fedex.ca.

fedex.ca FEDEX SERVICE GUIDE 2005 55

Terms and ConditionsThe preceding pages related to FedEx Expressexplain FedEx Express’ services and certainconditions, restrictions and requirements underwhich those services will be rendered. The followingpages include those terms and conditions byreference and contain further general and specificconditions (collectively, the “Terms and Conditions”).These Terms and Conditions are applicable to thetransportation of any package, document, envelope,pallet, container or other item by FedEx Expresswhen shipping between points within Canada, or fromCanada to various international points including, butnot limited to, any such items tendered by customersutilizing FedEx automated systems, air waybills, labelsand shipping software. These Terms and Conditionsare published in printed form and electronically atfedex.ca. The downloadable version (pdf) of theFedEx Service Guide at fedex.ca, as amended, iscontrolling. For international shipments tendered forFedEx International PremiumTM (IP1) and FedEx®

International Express Freight (IXF), please see theapplicable IP1/IXF Terms and Conditions for theseservices. Refer to www.fedex.com/ca_english/services/serviceguide/termsandconditions/ip1ixf/. These Termsand Conditions include terms regarding the importationand Customs clearance of shipments into Canada. Seethe FedEx Ground Terms and Conditions in thisService Guide when shipping by FedEx Ground.

If there is a conflict between these Terms andConditions and the terms and conditions on anyFedEx air waybill, shipping label or other transitdocumentation, the Terms and Conditions in theFedEx Service Guide, as amended, modified, changedor supplemented will control to the extent they arenot in conflict with the rules relating to liability forinternational carriage established by the WarsawConvention, or other applicable treaties or anyapplicable tariff.

Any failure by us to enforce or apply a term, conditionor provision of the FedEx Service Guide does notconstitute a waiver of that term, condition or provisionand does not otherwise impair FedEx’s right to

enforce or apply such term, condition or provision.

This Guide and any subsequent modifications,amendments or supplements supersedes all previousService Guides, amendments, supplements, and otherprior statements concerning the rates and conditionsof the FedEx Express services to which it applies. Theforegoing restriction does not apply to a modificationapplicable to a single customer and included in a FedEx Sales or FedEx Customer AutomationAgreement. To the extent a conflict exists between a FedEx Sales or FedEx Customer AutomationAgreement and these Terms and Conditions, theFedEx Sales or FedEx Customer AutomationAgreement controls.

FedEx reserves the right to unilaterally modify,amend, change or supplement the FedEx ServiceGuide, including, but not limited to, the rates,services, features of service, and these Terms andConditions in respect of all customers or anyparticular customer without notice. Only the LegalDepartment of Federal Express Canada Ltd. mayauthorize a supplement to, modification, change oramendment of the FedEx Service Guide. No otheragent or employee of FedEx, nor any other person or party, is authorized to do so.

Rates and service quotations by our employees andagents are based upon information you provide, butfinal rates and service may vary based upon theshipment actually tendered and the application ofthese Terms and Conditions. Except as otherwiseprovided above, any conflict or inconsistency betweenthe FedEx Service Guide and other written or oralstatements concerning the rates, features of service,and Terms and Conditions applicable to FedExExpress services and any terms regarding importationand inbound clearance of shipments into Canada will be controlled by the FedEx Service Guide, asmodified, amended or supplemented.

All amounts are in Canadian dollars, unless otherwiseindicated.

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED.

Definitions “Air waybill” means any shipping document, label,electronic entry or similar item used in the FedExsystem for domestic or international shipments.

“Customs” includes all federal agencies involved inthe import or export of goods.

“Day” and “days” mean calendar day and days, unlessexpressly noted otherwise.

“Guide” and “Service Guide” mean this FedEx ServiceGuide, Canadian Edition, as modified, amended orsupplemented by FedEx from time to time.

“In good credit standing” means: (1) that payment onthe FedEx account is current; (2) the account is notin “cash only” status; and (3) for commercial orbusiness accounts, the balance does not exceed thecredit limit established by FedEx.

“Package” means any container or envelope that isaccepted by us for delivery, including, any itemstendered by you using our automated systems, meters,manifests or air waybills, unless otherwise stated.

“Recipient” and “consignee” mean the person and/orcompany to whom a shipment is being sent.

“Shipment” means one or more packages, or any partthereof, moving on one air waybill.

“Shipper” and “sender” mean the person and/orcompany sending a shipment.

“Transportation charges” means amounts assessed for the air and surface movement of a shipment, notincluding any other fees or charges which may beassessed under this Guide, such as declared valuecharges, customs duties and taxes, however levied or applied.

“We”, “our”, “us””, “FedEx”, “Federal Express” and“FedEx Express” refer to Federal Express CanadaLtd., its principals, subsidiaries, branches andaffiliates and their respective employees, agents and independent contractors.

“You” and “your” include the shipper/sender, recipient/consignee, and importer of record and their respectiveemployees, principals, agents and independentcontractors.

Account NumbersA valid FedEx account number is required for allshipments unless cash (not accepted at all FedExoffices), cheque or credit card payment is made atthe time of shipment. The use of a valid FedExaccount number on the air waybill ensures that: (1) FedEx invoices are sent to the proper location for payment; (2) account activity is tracked by oursystem; and (3) the payor is billed with anyappropriate discount.

In the event that a customer elects to “Bill Sender” or “Bill Third Party” and (1) fails to include anaccount number or (2) indicates an incorrect account number, FedEx will charge a special handlingfee per air waybill or express manifest to defray theexpense of billing such items.

If you are shipping “Bill Recipient” or “Bill ThirdParty” for transportation charges and/or duties andtaxes, the bill-to party must have a valid FedExaccount number (Power of Attorney and ImporterNumber are required for Bill Sender or Bill ThirdParty Duties & Taxes), and it must appear in theappropriate section of the air waybill. Accountnumbers are issued by shipping location and they are non-transferable. Any misuse can result in a lossof all discounts and/or the discontinuance of service.

All requests for issuance of account numbers aresubject to credit investigation and verification by ourCredit Department. The Credit Department mayrequire, in its sole discretion, that you have a majorcredit card acceptable by FedEx. We will establish acredit account for businesses only. We do not offerconsumer credit privileges. Any individual shippingfor personal use or in FedEx’s sole discretion, anybusiness, must prepay the transportation charges orestablish a FedEx account for billing direct to any of the major credit cards accepted by FedEx.

The party to whom an account number is issued isliable for all charges to the account. The accountholder is responsible for the safe keeping of theaccount number and should release the number onlyto those authorized to ship on the account. Theaccount holder bears the risk of all unauthorized use of the account number.

Failure to keep your FedEx account current (invoicepayment received by us within 15 days from invoicedate) will result in your account being placed on a“cash only” status and loss of volume discounts. Forinternational shipments, your account will be placedon Reimbursement On Delivery (R.O.D.) status,requiring duties and taxes to be collected in full, at or prior to, the time of delivery. Utilization of anaccount on “cash only” status may result in packagedelay, rejection or return until arrangements forpayment are completed.

Address CorrectionIf a recipient’s address on an air waybill is found to be incomplete or incorrect, we will attempt to findthe correct address and try to complete the deliverybut we assume no responsibility for our inability tocomplete delivery under such circumstances.



Use of post office box numbers for unaccepted areasor without the recipient’s telephone number, incorrectpostal/zip codes and former street addresses forrecipients who have relocated, are examples of errorsrequiring address corrections. A special handling feeper correction may be assessed for this service. If the correct address cannot be determined and if the recipient cannot be reached, we may attempt to contact the sender for address clarification orinstructions to return the shipment at the sender’sexpense, and the sender will be responsible for alltransportation charges and any applicable fees. Wewill not be liable or responsible for meeting thedelivery commitment of any shipment with anincorrect address (see “Undeliverable Packages”).

Billing(a) Invoices for transportation charges are payablewithin 15 days of the invoice date. Invoices for dutiesand taxes, special handling fees and the advancementfee are payable upon receipt.

(b) “Bill Sender” means the specified charges will be billed to the sender. The sender’s FedEx accountnumber must appear in the appropriate section onthe air waybill and payment on the account should becurrent. The sender may, within 60 days of invoicedate, request an initial rebilling to another party, butall subsequent rebills will be only to the sender.

(c) “Bill Recipient” means the specified charges willbe billed to the recipient. In order to choose thisbilling option, the recipient’s FedEx account numberMUST appear in the appropriate section of the airwaybill and payment on the account must be currentor the recipient must pay all applicable charges forthe package at the time of delivery. “Bill Recipient”shipments are acceptable for carriage to specifiedlocations only. For more information, call CustomerService at 1.800.GoFedEx. If the recipient refuses topay, the charges may be rebilled to a third party. Anyadditional rebilling must be to sender’s account. Thesender is liable for, and will be billed for, all chargesand fees if third party or recipient does not pay.

(d) “Bill Third Party” means the specified chargeswill be billed to someone other than the sender orrecipient. In order to choose this billing option, thethird party’s FedEx account number MUST appear inthe appropriate section on the air waybill at the timeit is tendered and payment on the account must becurrent. If the third party refuses to pay, the chargesmay be rebilled to another party but subsequentrequests will only be rebilled to the sender. Thesender is liable for, and will be billed for, all chargesand fees, if the party which is rebilled or the thirdparty does not pay. If the third party FedEx account is not in good credit standing, the sender willautomatically be billed.

(e) For “Bill Recipient” or “Bill Third Party”transactions, if the recipient or third party refuses topay the charges, refuses delivery, or cannot becontacted, the sender is responsible and will be billedfor any and all charges.

(f) We reserve the right to verify the method ofpayment for any shipment and to refuse any shipmentfor which the method of payment cannot be verified.

(g) Your shipment may be delayed or returned if wedetermine that it is billed to a FedEx account numberthat is not in good credit standing. In this instance,our service failure money-back guarantee will notapply. See “Money-Back Guarantee Policy”.

(h) Duties and taxes may be assessed on the contentsof shipments destined for international locations.Duties and taxes may be billed to the sender, therecipient or a third party. “Bill Sender Duties andTaxes”, “Bill Recipient Duties and Taxes” and “Bill Third Party Duties and Taxes” are optionsavailable only for deliveries to specified locations. Call 1.800.GoFedEx for information regarding yourdelivery location. If the sender fails to mark one ofthe boxes on the air waybill to indicate the payor ofduties and taxes, the recipient will automatically bebilled for such charges. All requests for duty and taxrebills should be made within 60 days from invoicedate and require written or verbal approval from thebill-to party assuming liability for payment. The partyrequesting the rebill must obtain the approval. See“Duties and Taxes” for details on the conditions underwhich (1) we will advance duties and taxes, (2) wewill assess an advancement fee for doing so, and (3) the “Bill Sender” or “Bill Third Party” options are available.

(i) NOTWITHSTANDING ANY PAYMENTINSTRUCTIONS THAT ARE GIVEN TO FEDEX, THESENDER IS ULTIMATELY LIABLE FOR, WILL BEBILLED FOR, AND AGREES TO PAY, ALL CHARGES,INCLUDING TRANSPORTATION CHARGES, AND ALLDUTIES, CUSTOMS ASSESSMENTS, GOVERNMENTPENALTIES AND FINES, TAXES, FEES, INCLUDINGSPECIAL HANDLING FEES, AND OUR LEGAL FEESAND COSTS, REGARDLESS OF ANY PAYMENTINSTRUCTIONS TO THE CONTRARY.

(j) A special handling fee will be applied for anycheque or electronic fund transfer that isdishonoured due to insufficient funds on deposit orincorrect or insufficient signature of the drawer.

(k) A special handling fee will be charged where noaccount number appears on the air waybill or expressmanifest or where an incomplete, inaccurate orinvalid, or deleted account number appears on the airwaybill in “Bill Sender”, “Bill Recipient” or “Bill ThirdParty” transactions. If a “Bill Sender”, “Bill Recipient”

or “Bill Third Party” package is received without aFedEx account number or with an incomplete,inaccurate or invalid, or deleted account number, wewill attempt to determine the correct account numberfrom our records and bill the account number for allcharges and fees, plus a special handling fee. Anyapplicable discount will apply. If, however, we cannotdetermine the correct account number from ourrecords, the transportation charges plus a specialhandling fee will be billed directly to the sender andno discount will be allowed. A special handling feewill be applied only once for each such air waybill orexpress manifest document.

(l) A special handling fee will be charged for allrebills. If there are multiple requests, the fee may beapplied for each invoice line item (i.e. air waybill,express manifest line item, or FedEx automatedshipping system package) which is rebilled. Requestsfor rebilling will be accepted up to 60 days from theinvoice date, not counting the invoice date. Rebillrequests will only be accepted for unpaid shipments.A special handling fee also applies and will beinvoiced to FedEx Automation System customers.

(m) Charges requiring conversion to a currency otherthan Canadian dollars will be calculated daily usingthe median bid price obtained from OANDA, anInternet exchange-rate service. The median bid priceis the average price at which buyers offer to buycurrencies from sellers during the given period.Customers can access these currency conversionrates at OANDA.com.

The currencies of participating European Unioncountries will have stationary conversion rates to theEURO. There is an additional exchange fee of 1.75%for conversion from CAD to USD, 2.3% for USD to CAD and 2% for CAD to all non-Canadian and non-UScurrencies. There is no exchange fee betweencurrencies related to the EURO.

Charges in currencies other than Canadian dollarsthat are not freely convertible will be converted toCanadian dollars and billed to the payor’s accounteither at the free market rate or at the official rate atwhich FedEx was permitted to purchase Canadiandollars in the relevant currency, at our sole option.

The rate corresponding to the ship date will be usedfor conversions to non-hyper inflationary currencies.However, we reserve the right to use the exchangerate at invoice date, as opposed to shipment date, incountries where the currency is volatile.

(n) Along with your payment, you must furnish theinvoice numbers to which your payment applies. Ifany invoice is not paid in full, the reasons for eachunpaid charge must be noted along with its air waybillor FedEx tracking number.

(o) Remittance should be sent to:

Federal Express Canada Ltd.P.O. Box 4626, Toronto STN AToronto, ON M5W 5B4

(p) Electronic Invoicing: To assist customers inprocessing their invoices, FedEx will provide itsinvoices in electronic format. Information is availablein either flat file or international standard formats. It is delivered as a file through a value-addednetwork, available at no cost in most large cities (a small transmission charge may apply in othercentres).

(q) For more information, please contact your FedExAccount Executive.

(r) Invoice adjustments/overcharges

1. We reserve the right to audit air waybills andshipments made via any means, including, but notlimited to, an automated shipping device, to verifyservice selection and package or shipment weight. If the service selected or weight entered is incorrect,we may make appropriate adjustments to the invoiceat any time.

2. Default Billing: Senders are solely responsible foraccurately completing all sections of the air waybilland for the entry of accurate shipment information inany automated shipping device. If you fail to provideor correctly enter this information, you will be billedand agree to pay based on our estimate of the numberof packages transported and either the dimensionalweight at the time of billing or a standard defaultweight-per-package estimate, both of which will bedetermined (and periodically adjusted) by us at oursole discretion.

3. Our Money-Back Guarantee Policy governs and isthe exclusive remedy for requests for refunds orcredits related to service failures. (See “Money-BackGuarantee Policy” for applicable notice provisions and other conditions.) If the Money-Back Guaranteeis suspended or revoked, there is no remedy.

4. A partial payment against an invoice is notconsidered a request for invoice adjustment or notice of a refund request under the “Money-BackGuarantee Policy” or otherwise. Such refund requestsmust be noted on the Invoice Summary or InvoiceRemittance or by attached letter, or you may call1.800.GoFedEx, indicating the nature of the requestand reason for partial payment. At the time you notifyus, you must provide the FedEx account number, ifany, the air waybill or FedEx tracking number, thedate of shipment, and the recipient’s name, addressand postal/zip code.



5. “Overcharge” means a charge based on an incorrectdiscount rate; an incorrect special handling fee;billing a service other than the service selected forthe package; billing based on incorrect package orshipment weight; billing to the wrong accountnumber; or any other billing, unrelated to a servicefailure, that results in an incorrect charge. Requestsfor invoice adjustments due to an overcharge orrequests for refunds due to a duplicate payment mustbe received within 90 days from the originalinvoice date.

6. If you choose to send your request for an invoiceadjustment for non-service-related failure separatelyfrom your remittance statement, please send to:

Federal Express Canada Ltd.P.O. Box 4626 Toronto STN AToronto, ON M5W 5B4

7. We will not be liable for any invoice adjustmentsunless you comply with the notice requirementdescribed above. The filing of a lawsuit against usdoes not constitute compliance with these noticeprovisions.

For additional information or assistance regardingbilling issues, contact Invoice Adjustments at1.800.GoFedEx.

(s) Customers should retain copies of all original airwaybills and invoices. When duplicate copies arerequested, a fee may be charged for each air waybillor invoice requested.

(t) Additional Taxes. If a value-added, consumption, or similar tax isapplicable to your shipment, we reserve the right toadd that amount to your shipping charges withoutnotice.

(u) The shipper, and any other party who is liable forpayment, is responsible for services rendered by us.Such costs include, but are not limited to, legal feesand costs, collection agency fees, interest andcourt costs.

Business Days/Carrier HolidaysIn Canada, “business day” means Monday throughFriday except for holidays, or the official day ofobservance of these holidays. The business week maydiffer in some international or provincial locationsdue to local customs. Holidays in internationallocations and provincial locations will also affect ourdelivery schedules.

Contact Customer Service at 1.800.GoFedEx forinformation on delivery commitments that may beaffected due to the observance of these holidays.Deliveries normally made on the day of a holidayobservance will be rescheduled for delivery on thenext business day.

Carriage Under Warsaw ConventionAs used in this Guide, “Warsaw Convention” or“Convention” means the Convention for theUnification of Certain Rules relating to International Carriage by Air, signed at Warsaw,October 12, 1929, or that Convention as amended,whichever is applicable to the carriage or “carrier”,including the air carrier issuing the air waybill and all air carriers that carry the goods or perform anyother service related to the carriage. When thecarriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable. TheConvention governs and in most cases, limits ourliability for loss of, damage to or delay of cargo, unless you declare a higher value for carriage(subject to the maximum amount specified below)and pay the required fee as described below. Theinterpretation of the Warsaw Convention’s liabilitylimits may vary depending on the destination country.If the Warsaw Convention, as amended by MontrealProtocol No. 4, applies to your shipment, FedEx’sliability is limited to 17 Special Drawing Rights(SDRs) per kilo (“Convention liability limit”), unlessyou declare a higher value for carriage (subject to the maximum amounts specified below) and pay the required fee. To the extent not in conflict with the rules relating to liability for international carriageas established by the Convention, carriage and otherservices performed by us are subject to the provisionsof this Guide and applicable tariffs as amended fromtime to time, which are incorporated in this Guide byreference. FedEx assumes no obligation to carry thegoods by any specified aircraft or other mode oftransport or over any particular route or to makeconnections at any point according to any schedules.You agree FedEx may, without notice, substitute analternate carrier or aircraft, deviate from the route or routes, or cause the goods to be transported bymotor vehicle or other mode of transport. You agreethat there are no stopping places which are agreedupon at the time of tender of the shipment, and wereserve the right to route the shipment in any way we deem appropriate.

Cartage Agents/Pick Up and Delivery Service to and from points outside FedEx Direct Service Area(a) Shipments accepted for carriage to points outside the FedEx direct service area may betendered to cartage agents for delivery to theirultimate destination. An additional charge will beapplied for all such shipments and this charge will be reflected on the invoice you receive from FedEx.Please see the FedEx Rate book, or call FedExCustomer Service at 1.800.GoFedEx for details.

(b) When you elect to use a cartage agent to pick upa shipment for delivery to a FedEx office, you areresponsible for paying all charges assessed by thecartage agent. The invoice you receive from FedExwill reflect only FedEx charges.

(c) Complaints and claims arising from servicerendered by cartage agents you select when you electto use a cartage agent should be directed to thecartage agent.

Cartage Agents/Pick Up and Delivery Service to points within FedEx Direct Service AreaSubject to the paragraph below on “Pick Up andDelivery Service”, pick up and delivery service isprovided by FedEx within specified service areas at no additional charge. However, should you or acustoms broker choose to use the services of acartage agent to pick up or deliver a shipment instead of using FedEx directly, you are responsiblefor paying all charges assessed by the cartage agent.The invoice you receive from FedEx will reflect onlyFedEx charges.

Claims, Legal Action and Arbitration(a) ALL CLAIMS MUST BE MADE IN WRITING ANDWITHIN STRICT TIME LIMITS.

(b) Written notice of a claim due to damage or delay must be received by us from you within 21 daysafter we deliver your shipment. See “Money-BackGuarantee Policy” for the time periods and additionaldetails applicable to a request for a refund or credit of transportation charges.

(c) Written notice of a claim due to loss, shortage,mis-delivery, non-delivery, misinformation or failure to provide information must be received by us withinnine (9) months after we accept the shipment forcarriage.

(d) You may telephone Customer Service at1.800.GoFedEx to report your claim, but you must stillgive us written notice of your claim within the timelimits referenced above. If telephoning, you shouldask for a “control” number and retain this for futurereference. Please refer to this “control” number whensubmitting your claim in writing.

(e) Within nine (9) months after the package wastendered to FedEx Express for shipment, we musthave received all relevant documentation regardingyour claim. Such documentation may include originalpurchase invoices, estimates or invoices for repair,expense statements, appraisals, copies of air waybillsor other records. Photographs recorded by non-FedExparties may not be considered in the evaluation of anyclaim. All of these documents must be verifiable toour satisfaction.

(f) We are not obligated to act on any claim until alltransportation charges have been paid. The claimamount may not be deducted from those charges orfrom any outstanding balance owed to us.

(g) Except as provided in paragraph (h) below,receipt of the shipment by the recipient withoutwritten notice of damage on the delivery receipt isprima facie evidence that the shipment was deliveredin good condition.

(h) In the case of a claim for concealed damagewhich is not discovered at the time of delivery, youshall notify FedEx in writing as promptly as possibleafter the discovery of the damage, and in any eventnot later than 21 days after the date of delivery. Ifmore than 21 days elapse between the date of deliveryof the shipment to the recipient and our receipt ofsuch notice, you must show good cause, verifiable toour satisfaction, why the damage was not discoveredearlier and timely notification not given.

(i) As a condition of considering any claim fordamage, you must make the shipment and theoriginal shipping cartons and packing available forour inspection at our option at the delivery locationand you must retain all such materials until the claimis concluded.

(j) Only one claim can be filed in connection with ashipment. Acceptance of payment of a claim shallextinguish any right to recover in connection withthat shipment.

(k) Claims must be submitted to:

Federal Express Canada Ltd.P.O. Box 4626 Toronto STN AToronto, ON M5W 5B4

(l) FAILURE TO COMPLY WITH ANY OF THE ABOVECONDITIONS, INCLUDING THE TIME LIMITS, WILLRESULT IN THE DENIAL OF YOUR CLAIM, AND WEWILL HAVE NO LIABILITY OR OBLIGATION TO PAYYOUR CLAIM. THE FILING OF A LAWSUIT DOESNOT CONSTITUTE COMPLIANCE WITH THE ABOVENOTICE PROVISIONS.

(m) Any claim for damages or other relief arising outof or relating in any way to the FedEx Service Guide,or the services we provided to you, or offered toprovide, or the consideration that you paid or agreedto pay to us for such services or the interpretation orapplication of these Terms and Conditions, containinga request for monetary or injunctive relief that, ifallowed or granted, would have a reasonable value in excess of $1,000,000.00, inclusive of all claimsasserted by you in conjunction with others or onbehalf of others, shall be resolved by arbitrationpursuant to the Ontario Arbitration Act, 1991. Thearbitrator shall be responsible for determining



whether a claim meets the requirements forresolution by arbitration under this provision. Weagree to pay all filing and other administrative feesnecessary to initiate any such arbitration, subject tothe right of the arbitrator to reallocate and assesssuch fees against other parties to the arbitration inaccordance with the arbitration rules applicable tothe proceedings.

(n) You will have no right to commence any legalaction or arbitration proceedings against us fordamages unless you have fully complied with allapplicable notice periods in these Terms andConditions including, but not limited to, the periodsfor providing notice under the “Billing”, “Claims” and“Money-Back Guarantee Policy” sections.

(o) Any right to claim damages against us shall beextinguished unless an action or arbitrationproceeding is commenced within two years from thedate of delivery of the shipment or from the date onwhich the shipment should have been delivered. Noaction or arbitration proceeding for any damages orother relief may be commenced against us thereafter.

(p) You agree that you will not sue us as a classplaintiff or class representative, join a class as amember, or participate as an adverse party in any wayin a class action lawsuit or class proceeding of anynature against us. For greater certainty, you agree towaive any right you may have to commence orparticipate in any class action against us and, whereapplicable, you also agree to opt out of any classproceeding against us. However, nothing in thisparagraph limits your right to bring a lawsuit as anindividual plaintiff or commence an arbitrationproceeding against us as otherwise permitted by these Terms and Conditions.

(q) To the extent any court finds that provincialrather than federal law applies to any provision of thiscontract, the controlling law is the substantive lawof the province in which you tendered your shipmentto us.

(r) The performance of any services does not make us an agent of the shipper or any third party for anypurpose.

(s) You agree to waive any claim against us forpunitive, exemplary or aggravated damages.

(t) You agree to waive any right to have any claimagainst us tried before a jury.

Collect on Delivery (C.O.D.) ServiceFedEx Express does not offer C.O.D. service. C.O.D.means that charges for the shipment delivered, aswell as transportation charges, are collected from the recipient. It is different from the “Bill Recipient”

option described above in “Billing”, which we doaccept. A package or shipment marked “C.O.D.” willbe returned and all related return charges billed tothe original sender.

Credit TermsThe invoice date begins the credit term cycle andpayment for transportation charges must be receivedwithin 15 days from the invoice date. Duties and taxesare payable upon receipt of invoice. Failure to keepyour account current will result in your being placedon a “cash only” status and may result in late paymentfees. This status may impair your ability to use ourservices and may have an effect on your discountprogram. If your account is placed on a “cash only”status, credit privileges may not be restored until you have paid all past-due balances in full or otherarrangements are made satisfactory to FedEx. If anaction is filed to collect unpaid charges, you agree to be liable for all costs which include, but are notlimited to, legal fees, interest, and court costs. We do not provide consumer credit privileges.

Customs Clearance (International only)(a) All shipments which cross international bordersmust be cleared through customs in the destinationcountry prior to delivery to the recipient. Clearancerequires the presentation of the shipment andaccompanying paperwork to customs inspectors inthe destination country. The duties of these customsofficials may include verifying the value anddescription of the contents (may include opening the package) and properly completing the requireddocumentation.

Visit FedEx® International Document Assistance at fedex.ca or call 1.800.GoFedEx for details ondocumentation requirements. All non-documentshipments sent to international destinations musthave a description and commercial transactionvalue for customs even if the shipment is not for resale.

(b) Except as provided below, and wherever local lawallows, we will submit your shipments to customs andother appropriate regulatory agencies for clearance,and may advance duties and taxes on behalf of thepayor provided appropriate credit arrangements havebeen made in advance (see “Billing” and “Duties andTaxes”). Wherever permissible by local law, FedExExpress services include customs clearance of yourinternational shipments unless otherwise stated (eg. use of FedEx® International Broker Select).However, where we incur additional time or expenseclearing a Canadian import shipment due to thecommodities being imported or special brokerageprocessing, FedEx reserves the right to impose a fee

(“Ancillary Fee”), (See Special Handling Fees in theFedEx Rate Guide). These may include, withoutlimitation, ancillary fees associated with accountsecurity fees, additional entry line items, after hoursclearance, broker routing fees, business numberregistrations, duty and tax claims or amendments,import permits, low value document exceptionhandling, low value entry corrections, low value entry exceptions, clearance charges involving othergovernment agencies, storage fees, temporaryimports, transfers in bond, and for other specialbrokerage processing. WHETHER AN ANCILLARYFEE IS IMPOSED OR NOT AND DESPITE ANYOTHER PROVISION IN THESE TERMS ANDCONDITIONS, WITH RESPECT TO ANYACTIVITIES UNDERTAKEN BY FEDEX INRELATION TO COMMODITIES BEING IMPORTEDINTO OR EXPORTED FROM CANADA, FEDEXWILL NOT BE LIABLE FOR ANY CANADIANADMINISTRATIVE MONETARY PENALTY SYSTEMPENALTIES (“AMPS PENALTIES”) LEVIEDAGAINST FEDEX AND/OR YOU, EVEN ARISINGFROM THE NEGLIGENCE OF FEDEX, AND YOUAGREE TO INDEMNIFY US AGAINST ANY SUCHAMPS PENALTIES. If local law requires that theshipments be cleared through customs by therecipient, customs paperwork will be delivered to the recipient. In these cases, delivery of paperworkconstitutes shipment delivery.

(c) In some instances, at our option, we acceptinstructions from recipients to use a designatedcustomers broker other than FedEx (or the brokerselected by FedEx) or the broker designated by theshipper.

(d) When shipments are held by customs authoritiesor other agencies for incorrect or missingdocumentation, we may attempt first to notify the recipient. If local customs law requires theinformation to be submitted by the recipient and the recipient fails or is unable to do so within a reasonable time, as we may determine, theshipment will be considered “undeliverable” (see“Undeliverable Packages”, paragraph (b)). If therecipient fails or is unable to supply the informationand if local customs law allows the sender to submitthat information, we may attempt to notify the sender.If the sender also fails to supply the informationrequested within a reasonable time, as we maydetermine, the packages will be considered“undeliverable” (see “Undeliverable Packages”). We assume no responsibility for our inability tocomplete a delivery due to incorrect or missingdocumentation, whether or not we attempt to notifythe recipient or sender. We assume no responsibilityfor our inability to notify the recipient or sender.

(e) Shipments other than Personal, Inter-office, and Business (PIB) documents (excluding negotiable stocks, bonds, cash letters and othernegotiable instruments equivalent to cash which are not acceptable, see “Restrictions”) may requireadditional time for delivery due to customs clearanceprocedures. Shipments requiring documentation inaddition to the air waybill (i.e. a commercial invoice)may require additional transit time.

(f) PROPER COMPLETION OF NECESSARYDOCUMENTATION AND ACCURATE COMMODITYDESCRIPTIONS AND VALUATIONS ARE YOURRESPONSIBILITY.

(g) U.S. Customs regulations require the IRSEmployer Identification Number (EIN) or, if anindividual, the Social Security Number (SSN) of theU.S. recipient for certain packages being shipped into the U.S. The U.S. Customs regulation applies toimport shipments with a declared value for customsof U.S. $2,000* or more, for shipments containingplastics, toys, games, or sporting equipment valued atU.S. $250* or more, and for the following commoditiesvalued at U.S. $5* or more: textile or textile products,clothing, leather or leather products, footwear andheadwear, all FDA regulated commodities, or othergoods that are restricted or controlled requiring aformal entry by the U.S. Customs service.

Canadian customs regulations require the BusinessNumber (BN) of the Canadian recipient forcommercial shipments entering Canada.

This information should be included on the air waybilland commercial invoice on all inbound shipments to the U.S. and Canada, respectively. All packagesscheduled for delivery which do not have the EIN orBN (for Canadian imports) number will be detaineduntil that information can be obtained.

* This limit is subject to change. Call 1.800.GoFedExfor details on documentation requirements.

(h) You are responsible for and warrant yourcompliance with all applicable international treaties,laws, government regulations, orders or requirementsincluding but not limited to customs and import lawsand regulations of any country to, from, through orover which your shipment may be carried. You agreeto furnish such information and complete suchdocuments as are necessary to comply with suchtreaties, laws, regulations, orders or requirements.

We assume no liability to you or any other person dueto your failure to comply with this provision.

(i) FedEx® International Broker Select (“BrokerSelect”) permits shippers to use FedEx®

International Priority or FedEx® International



Economy service while designating a specific customsbroker other than FedEx or our designated broker. Insome cases, your choice of customs broker may belimited to certain locations. Broker Select is availableonly to selected countries and only where the BrokerSelection box is completed on the applicable airwaybill. Broker Select is not available for FedExInternational Next Flight® or FedEx InternationalFirst®. The Terms and Conditions in this Guide applyto Broker Select shipments with the followingmodifications:

1. Delivery CommitmentIf the sender or recipient specifies a customs brokerother than FedEx or our designated broker (wherethis service is available) and if the shipment is to be released to the designated broker in bond, ourdelivery commitment is met if we notify the broker ofthe availability of the shipment by noon for FedEx®

International Priority shipments and 5:00 p.m. forFedEx® International Economy shipments on thefirst business day the shipment is scheduled to beavailable for customs clearance in the destinationcountry, and such notification constitutes timelydelivery. If the actual shipment is released to thebroker in bond, our responsibility terminates atthe time we relinquish custody of the shipment tothe broker.

However, if we retain custody of the shipment and areresponsible for the delivery of the shipment, followingreceipt of the appropriate customs release paperworkfrom another customs broker, our deliverycommitment time is modified by adding one businessday for each day (or portion thereof) that our receiptof the paperwork is delayed.

2. Money-Back Guarantee PolicyBroker Select shipments for which we fail to meet the delivery commitments described in paragraph (1)above are eligible for our Money-Back Guaranteesubject to the terms and conditions of our Money-Back Guarantee Policy.

3. Saturday Service is not available for Broker Selectshipments.

4. An additional routing surcharge applies to yourBroker Select shipments if:

(i) A customs broker designated by you clears yourshipment;

(ii) We deliver the shipment to the recipient; and,

(iii) The recipient’s location is served by a differentFedEx clearance point than the broker’s.

The amount of this charge varies according todestination. Call 1.800.GoFedEx for details.

5. An unlimited number of commodities may beshipped using a single air waybill.

6. Declared value for carriage and customs limits varyby country.

7. Commodity acceptability:

(i) All commodities currently acceptable for FedEx®

International Priority and FedEx® InternationalEconomy.

(ii) In addition, the following items are acceptable forBroker Select; however, certain restrictions do apply.Please contact Customer Service for destinationrequirements:

a. Products from animals, marine life or fowl:

Note: For U.S. imports, these commodities areacceptable to only these cities:

• MSY/New Orleans, LA• DFW/Dallas/Ft. Worth, TX• ORD/Chicago, IL • HNL/Honolulu, HI• JFK/New York City, NY • MCO/Orlando, FL• PDX/Portland, OR • LAX/Los Angeles, CA• SEA/Seattle, WA • MIA/Miami, FL• SFO/San Francisco, CA

b. Plants and plant products;

c. Personal effects shipments claiming exemptionfrom duty; and

d. Shipments moving under Temporary Import Bonds(TIB). Some restrictions apply. Call 1.800.GoFedExfor restrictions.

8. If a broker’s address is found to be incomplete orincorrect, we may attempt to find the correct addressand to complete the delivery, but we assume noresponsibility for our failure to complete deliveryunder such circumstances. Incorrect postal codes,omitted suite/apartment numbers and former streetaddresses for brokers who have relocated areexamples of addresses requiring corrections. A specialhandling fee per correction will be assessed for thisservice for Canadian export shipments. If the correctaddress can’t be determined or if the broker can’t bereached, we may attempt to contact the sender foraddress clarification or instructions to return theshipment. We will not be liable for failing to meet our delivery commitment time for any shipment withan incomplete or incorrect broker address. (See “Undeliverable Shipments”).

9. FedEx® Envelope and FedEx® Pak shipments arenot eligible for Broker Select.

10. FedEx will not advance or bill any duties andtaxes if the Broker Select service has been selected.

11. FedEx reserves the right to clear the shipment ifthe broker cannot be determined or will not performclearance or if complete broker information is notprovided (including name, address, phone and postalcode). If FedEx clears the shipment, all terms andconditions of FedEx® International Priority orFedEx® International Economy, as applicable, apply.

12. FedEx may route the shipment to the FedExbonded warehouse closest to the broker.

Dangerous Goods(a) FedEx accepts most IATA classes of DangerousGoods to and from and within Canada and todesignated points in Europe, Japan and the U.S.(except Alaska, other than Anchorage, Kenai, Juneauand Fairbanks). This is subject to change withoutnotice. Certain exceptions and restrictions apply; see“Restrictions”, or contact 1.800.GoFedEx for details.

(b) Separate air waybills must be used whenDangerous Goods and non-Dangerous Goodsshipments are sent to the same recipient on the sameday. The FedEx Expanded Service International AirWaybill must be used for all international DangerousGoods shipments. In addition, each Dangerous Goodsshipment must be accompanied by the “Shipper’sDeclaration for Dangerous Goods” form. A 24-houremergency response telephone number must appear on each separate “Shipper’s Declaration forDangerous Goods” form for all U.S. and internationalDangerous Goods shipments and on certainshipments within Canada as required by the Canadian Dangerous Goods Regulations. If a multiplepiece shipment contains Dangerous Goods and non-Dangerous Goods, the Dangerous Goods packagesmust be listed first on the air waybill. The original“Shipper’s Declaration for Dangerous Goods”, alongwith the air waybill number and the Recipient’scomplete name, address and phone number, must be attached to the Dangerous Goods package.

(c) Dangerous Goods may NOT be packaged in theFedEx® Envelope, FedEx® Pak, FedEx® Box, FedEx®

Tube, FedEx® 10Kg Box or FedEx® 25Kg Box. Allpackages containing Dangerous Goods must belimited to the materials and quantities authorized for air transport in accordance with IATA DangerousGoods regulations and the Canadian Transportation of Dangerous Goods Act and Regulations, whereapplicable.

(d) There will be a special handling fee for eachshipment of Dangerous Goods.

(e) Dangerous Goods shipments may be dropped offat specified FedEx offices on Saturday; add one day to the delivery commitment. Saturday pick up anddelivery of Dangerous Goods may be available at

certain locations only. Call 1.800.GoFedEx foravailability.

(f) Dangerous Goods shipments are not accepted at all FedEx offices. They may NOT be dropped off at FedEx Drop Boxes or at a FedEx AuthorizedShipCenter®. Please contact Customer Service at1.800.GoFedEx for complete details.

(g) Hold at FedEx Location is only available atcertain Canadian, European and U.S. FedEx offices.See “Hold at FedEx Location” or call CustomerService at 1.800.GoFedEx for details.

(h) For a list of Dangerous Goods acceptable forcarriage, depending on destination, see “Restrictions”.Call 1.800.GoFedEx for complete details.

(i) Dangerous Goods may not be shipped using FedExInternational First®, or FedEx First Overnight®

services. Dry Ice is accepted for FedEx InternationalFirst, FedEx First Overnight, FedEx 2Day®, FedEx®

Priority Overnight, FedEx® International Priority,FedEx® International Priority Freight and FedEx1Day® Freight services up to designated weight limits allowed. Only inaccessible Dangerous Goods, as that term is defined by FedEx, are acceptable forFedEx® International Economy service.

(j) FedEx is not required to add dry ice to packagesin its system, nor to provide re-icing services.

(k) NOTE: We are required by law to reportimproperly declared or undeclared shipments ofDangerous Goods to the appropriate regulatory orgovernment authorities.

Declared Value and Limits of Liability (Not Insurance Coverage)(a) “Declared value for carriage” is required by FedExto help determine transport liability limits, while“declared value for customs” is required by customsofficials for possible assessment of duties and taxes.The declared value for carriage of any shipment(subject to the maximum amounts specified below)represents our maximum liability in connection witha shipment, including, but not limited to, any loss,damage, delay, mis-delivery, non-delivery,misinformation, any failure to provide information, ormis-delivery of information relating to the shipment.It is the shipper’s responsibility to prove actualdamages. Exposure to, and risk of, any loss in excessof the declared value for carriage (or in excess of themaximum amount specified below) is assumed by theshipper. You may transfer this risk to an insurancecarrier of your choice through the purchase of aninsurance policy. Contact an insurance agent orbroker if you desire insurance coverage. WE DO NOTPROVIDE INSURANCE COVERAGE OF ANY KIND.



(b) The declared value for carriage amount cannotexceed the declared value for customs amount.

(c) The declared value for customs amount mustagree with the value shown on the commercialinvoice.

(d) Road Transport Notice. Shipments transportedsolely by road to or from a country which is party tothe Convention on the Contract for the InternationalCarriage of Goods by Road, and applicableamendments (“CMR”), are subject to the provisions of the CMR, notwithstanding any other terms andconditions of this Service Guide to the contrary. Forthese shipments transported solely by road, if aconflict arises between the provisions of the CMR and the Terms and Conditions in this Guide, theprovisions of the CMR shall prevail. Any carriage ofyour shipment by road, whether international ordomestic, may also be subject to other internationaltreaties, laws, government regulations, orders orrequirements which may govern and serve to limit our liability for loss, damage, delay, mis-delivery, non-delivery, misinformation, any failure to provideinformation, or mis-delivery of information relating to the shipment.

(e) Limitation of Liability.1. Domestic – Our maximum liability for loss,damage, delay, mis-delivery, non-delivery,misinformation, any failure to provide information,or mis-delivery of information relating to theshipment, even if caused by our negligence or grossnegligence, is limited to $100 unless you declare ahigher value for carriage (subject to the maximumamount specified below) on the air waybill and acharge is paid therefor or as provided in paragraph(f) below.

2. International – If not governed by the WarsawConvention (See “Carriage Under WarsawConvention” for international shipments governedthereby), the CMR, or international treaties, laws,government regulations, orders, or requirements as noted above, our maximum liability for loss,damage, delay, mis-delivery, non-delivery,misinformation, any failure to provide information,or mis-delivery of information relating to theshipment, even if caused by our negligence or gross negligence, is limited to $100 unless youdeclare a higher value for carriage (subject to the maximum amounts specified below) on the air waybill and a charge is paid therefor or asprovided in paragraph (f) below.

(f) If you declare a higher value for carriage, anadditional charge will be assessed for each $100 (or fraction thereof) by which the declared value forcarriage exceeds $100 or the Convention liability

limit, whichever is applicable, up to the maximumamounts specified below. Subject to the application ofthe Convention, whether you declare a higher valuefor carriage and pay the additional charge or not, our maximum liability for loss, damage, delay, mis-delivery, non-delivery, misinformation, any failure toprovide information, or mis-delivery of informationrelating to the shipment will be the lesser of theshipment’s repair costs, its depreciated value or itsreplacement costs or your declared value for carriage(up to the maximum amounts specified below).

(g) Declared Value for Customs and Carriage Limits. All shipments containing items of extraordinaryvalue are limited to a maximum declared value forcarriage of $500 or the Convention liability limit,whichever is applicable (see paragraph “j” below).The maximum declared value we allow for customsand carriage per air waybill for each FedEx®

Envelope and FedEx® Pak shipment is $100 (fordomestic shipments) or the greater of $100 and the Convention liability limit (for internationalshipments). Goods with a value (actual ordeclared) exceeding $100 should not be shipped in a FedEx® Envelope or FedEx® Pak. Except asotherwise noted above, the maximum declaredvalue for carriage for a shipment sent via FedEx1Day® Freight service is limited to $100,000 andfor all other intra-Canada shipments is limited to $50,000. For international shipments, themaximum declared value for carriage will differfrom country to country and may depend on thecontents of the shipment. In the absence of anydestination country specific provisions or laws, themaximum declared value for customs and carriagefor shipments sent via FedEx® InternationalPriority Freight is $100,000 and for all otherinternational shipments is $50,000. It may bepossible to declare a higher value for customsprovided you enter into a Customs Value WaiverProgram Agreement with FedEx. However, underno circumstances will the maximum declared valuefor carriage exceed the maximum specified herein.Please call 1.800.GoFedEx or visit the FedExwebsite at fedex.ca for more details.

If you send more than one package on an air waybill,the declared value for carriage of each package willbe determined by dividing the total declared value forcarriage by the number of packages in the shipment,unless you produce documentary evidence sufficientto support a different allocation. If you send morethan one package on an air waybill and there is nodeclared value for carriage stated, the limit of liabilitywill be calculated based on the average weight perpiece in the shipment. The average weight will be

determined by dividing the total weight by the totalnumber of pieces in the shipment and thencalculating the limit of liability under the WarsawConvention using the average weight of the piece,unless you produce documentary evidence to supporta different allocation. In no event may the declaredvalue of any individual package exceed the declaredvalue of the shipment.

(h) Liabilities Not Assumed. In any event, we willnot be liable for any damages, whether direct,incidental, special or consequential in excess of the declared value for carriage (subject to themaximum amounts specified herein), or $100, or the Convention liability limit, whichever isapplicable, (including but not limited to loss ofincome or profits), subject to paragraph (f) above,whether or not we knew or should have known thatsuch damages might be incurred. We will not beliable for your acts or omissions, including but notlimited to incorrect declaration of the shipment,improper or insufficient packing, securing, markingor addressing of the shipment, or for the acts oromissions of the recipient or anyone else with aninterest in the shipment. Also, we will not be liableif you or the recipient violate any of the Terms andConditions of this Guide. We will not be liable forloss, damage, delay, mis-delivery, non-delivery,misinformation, any failure to provide information,or mis-delivery of information relating to shipmentsof cash, currency or other prohibited items (see“Restrictions”). See “Liabilities Not Assumed”below for a more detailed description. We will not be liable for loss, damage, delay, mis-delivery,non-delivery, misinformation, any failure to provideinformation, or mis-delivery of information relatingto the shipment caused by events we cannotcontrol. You should contact an insurance agent or broker if insurance coverage is desired. WE DO NOT PROVIDE INSURANCE COVERAGEOF ANY KIND.

(i) No Warranties. We make no warranties, express orimplied.

(j) The following items of extraordinary value arelimited to a maximum declared value for carriage of$500 (for domestic shipments) or the greater of $500and the Convention liability limit (for internationalshipments). Please note that some of the followingitems may be totally prohibited for import into certaincountries or may be subject to the lower declaredvalue limitations provided above. Call FedEx fordetails; list subject to revision without notice:

• Artwork, including any work created or developedby the application of skill, taste or creative talent forsale, display or collection. This includes, but is notlimited to, items (and their parts) such as paintings,

drawings, vases, tapestries, limited-edition prints, fineart, statuary, sculpture, collectors’ items, customizedor personalized musical instruments.

• Film, photographic images, including photographicnegatives, photographic chromes, photographic slides.

• Any commodity that by its inherent nature isparticularly susceptible to damage, or the marketvalue of which is particularly variable or difficult toascertain.

• Antiques, or any commodity that exhibits the styleor fashion of a past era and whose history, age orrarity contributes to its value. These items include,but are not limited to, furniture, tableware, andglassware.

• Glassware, including but not limited to, signs,mirrors, ceramics, porcelains, china, crystal, glass,framed glass, plasma screens/flat panel displayscreens and any other commodity with similarlyfragile qualities.

• Plasma screens and flat-panel display screens (alltypes).

• Jewellery, including, but not limited to, costumejewellery, watches and their parts, mount gems orstones (precious or semi-precious, cut or uncut),industrial diamonds and jewellery made ofprecious metal.

• Furs, including but not limited to, fur clothing, furtrimmed clothing and fur pelts.

• Precious metals, including but not limited to, goldand silver bullion or dust, precipitates or platinum(except as an integral part of electronic machinery).

• Collector’s items such as sports cards, souvenirs and memorabilia. (Coins and stamps may not beshipped.)

• Guitars and other musical instruments that aremore than 20 years old.

(k) Any effort to declare a value in excess of themaximum amounts allowed in this Guide is null andvoid and the acceptance for carriage of any shipmentbearing a declared value in excess of the maximumamounts allowed does not constitute a waiver of anyprovision of this Guide as to such shipment.

(l) The shipper is responsible for accuratelycompleting the air waybill and other shippingdocuments, including completion of the declaredvalue section. We cannot honour requests to changethe declared value information on the air waybill afterthe shipment has been tendered for carriage.

Dimensional Weight (Volumetric Weight)FedEx may, at any time during the carriage of the



shipment, assess additional transportation chargesbased on the IATA volumetric standard. Dimensionalweight pricing is applicable on a per shipment basis.Under the current IATA standard (which is subject to change without notice), dimensional weight iscalculated by multiplying length x height x width of a package and dividing by 166 pounds (if multipliedin inches) or by 6,000 kilograms (if multiplied incentimetres). If the result exceeds the actual weight,charges may be assessed based on the dimensionalweight.

Drop Off and Drop Off DiscountsMost shipments may be dropped off at a FedEx office,FedEx World Service Center®, FedEx AuthorizedShipCenter® or FedEx® Drop Box. Please call1.800.GoFedEx to see if your shipment can bedropped off. See “Dangerous Goods” for restrictions ondropping off Dangerous Goods.

Shipments that are: (1) dropped off at a FedEx office,FedEx World Service Center, FedEx Drop Box orRetail Affiliate; and (2) paid for by currency (notacceptable at all FedEx locations), cheque or creditcard, or charged to a valid FedEx account number,may be eligible for a discount. This will result in a netrate that is less than the current list rate for eachshipment unless the payor is participating in adiscount program for regular users or using a couponor discounted air waybill. In that case, the payor willreceive the greater of: (1) the applicable drop offdiscount, or (2) the discount offered through a couponor discounted air waybill, or (3) its regular discount.Discounts may not apply in some areas or duringextended hours. Call 1.800.GoFedEx for details.

Duties and Taxes (a) For international shipments, duties and allapplicable taxes may be assessed on the contents ofpackages. Such charges will be billed automatically to the recipient unless the “Bill Sender Duties andTaxes” or “Bill Third Party Duties and Taxes” box ismarked on the air waybill. In order to “Bill Sender” or “Bill Third Party”, a valid FedEx account number,Power of Attorney, Customer Profile Guide (CPG) andBusiness Number (Canada)/Employer IdentificationNumber (US) must be provided. “Bill Sender Dutiesand Taxes” and “Bill Third Party Duties and Taxes”are options available only to specified locations. Call 1.800.GoFedEx for information regarding yourdelivery location. REGARDLESS OF PAYMENTINSTRUCTIONS TO THE CONTRARY, THE SHIPPERIS ULTIMATELY RESPONSIBLE FOR THE PAYMENTOF ALL APPLICABLE DUTIES AND TAXES IFPAYMENT IS NOT RECEIVED.

(b) Invoices for duties and taxes and theadvancement fee are payable upon receipt.

(c) Wherever local law allows, we will submit yourshipments to customs and other appropriateregulatory agencies for clearance, and may advanceduties and taxes on behalf of the payor provided we have the appropriate authorization and creditarrangements have been made in advance.

(d) In the event FedEx advances duties and taxes onany given shipment on behalf of the payor, the payorwill be assessed an advancement fee. See details inthe FedEx Express Rate book in this Guide.

(e) Reimbursement On Delivery (R.O.D.)

• In certain cases, FedEx will require importers topay customs duties and taxes at or prior to delivery of the shipment.

• These importers include customers with poor credithistories, customers without a valid FedEx accountnumber, new FedEx customers, hotel guests, anddepartments within institutions.

(f) All requests for adjustments for overcharges forduties and taxes must be submitted in writing. Eachwritten request must specify the air waybill number,reason for dispute, and be supported by all necessarycustoms documentation.

(g) All requests for duty and tax rebills should bemade within 60 days from invoice date and requirewritten or verbal consent from the bill-to partyassuming liability for payment. The party requestingthe rebill must obtain the consent.

Export Control LawsYou are responsible for and warrant your compliancewith all applicable laws, rules and regulations,including, but not limited to, the export laws andgovernment regulations of any country to, from, throughor over which your shipment may be carried. You agreeto furnish such information and complete and attach tothe air waybill such documents as necessary to complywith such laws, rules and regulations. FedEx will notcarry shipments that violate any Canadian export laws.We assume no liability to you or any other person forany loss or expense – including, but not limited to, finesand penalties – if you fail to comply with any exportlaws, rules or regulations.

Fuel SurchargesWe reserve the right to assess fuel and other surchargeson shipments without notice. The duration and amountof any surcharge will be determined at our solediscretion. By tendering your shipment to FedEx, youagree to pay the surcharges, as determined by FedEx.

Hold at FedEx LocationShipments marked “Hold at FedEx Location”(formerly known as “Hold and Notify” and “Hold for

Pick Up”) will be held at the FedEx destinationlocation for pick up by the recipient (providing thisservice is available at the destination station; contactCustomer Service at 1.800.GoFedEx for availability).Hold at FedEx Location is not available for DangerousGoods shipments at many Canadian, European,Japanese or U.S. FedEx offices. Hold at FedExLocation is not available for FedEx InternationalFirst® and FedEx First Overnight® shipments. Therecipient may be contacted by telephone, fax or emailafter the shipment arrives in the destination cityprovided that the sender has listed the telephone, faxnumber and/or email address of the recipient on theair waybill. After being held for five business days atthe destination office, the shipment will be consideredundeliverable (see “Undeliverable Packages”). Stationhours vary from country to country. Canadian stationaddresses are listed in this book. Contact CustomerService at 1.800.GoFedEx for further details.

Inspection of ShipmentsWithout notice, we may, at our sole discretion, openand inspect any shipment and its contents at anytime. Customs authorities, or other governmentalauthorities, may also open and inspect any shipmentand its contents at any time.

Liabilities Not AssumedWE WILL NOT BE LIABLE FOR ANY DAMAGES,WHETHER DIRECT, INCIDENTAL, SPECIAL ORCONSEQUENTIAL, IN EXCESS OF THE DECLAREDVALUE OF A SHIPMENT OR THE CONVENTIONLIABILITY LIMIT, WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGESMIGHT BE INCURRED, INCLUDING, BUT NOTLIMITED TO, LOSS OF INCOME OR PROFITS.

We will not be liable or responsible for loss, damage ordelay caused by events we cannot control.

We will not be liable for, nor shall any adjustment,refund or credit of any kind be made as a result of any loss, damage, delay, mis-delivery, non-delivery,misinformation or any failure to provide informationexcept as may result from our sole negligence. We will not be liable for, nor will any adjustment, refundor credit of any kind be given as a result of, any loss, damage, delay, mis-delivery, non-delivery,misinformation or failure to provide informationcaused by or resulting in whole or in part from:

(a) The act, default or omission of any person orentity, other than FedEx, including those of any local,provincial or federal government agencies.

(b) The nature of the shipment or any defect,characteristic or inherent vice, thereof.

(c) Your violation of any of the Terms and Conditionsin this Guide, the air waybill, and any applicable tariff,

including but not limited to, improper or insufficientpacking, securing, marking or addressing, or failure to observe any of the rules relating to shipments notacceptable for transportation or shipments acceptableonly under certain conditions. More information onproper packaging is included in this Guide.

(d) Your violation of any applicable internationaltreaty, law, government regulation, order orrequirement.

(e) “Acts of God”, perils of the air, public enemies,criminal acts of any person(s) or entities, includingbut not limited to, acts of terrorism, public authoritiesacting with actual or apparent authority, acts oromissions of customs or quarantine officials, riots,strikes or anticipated strikes (of any entity, including,but not limited to, other carriers, vendors orsuppliers), other local disputes, civil commotion,hazards incident to a state of war, weather conditions(as determined solely by FedEx), natural disasters(earthquakes, floods and hurricanes are examples of natural disasters), national or local disruptions in air or ground transportation networks (asdetermined solely by FedEx), conditions that presenta danger to our personnel, or disruption or failure of communication and information systems (including but not limited to, our systems). In suchcircumstances, we will make reasonable efforts totransport and deliver packages to their destination asquickly as practicable under the circumstances; andwe are under no duty to advise you of the potential oractual existence of any one or more of thesecircumstances.

(f) Amendments, modifications and supplements ofFedEx’s service schedule in the event of any of thematters referred to in paragraph (e) above. In suchcircumstances, we will make reasonable efforts totransport and deliver packages to their destination as quickly as practicable under the circumstances;and we are under no duty to advise you of thepotential or actual existence of any one or more ofthese circumstances.

(g) Dangerous-goods shipments that the shipper didnot properly declare, including properdocumentation, markings, labels and packaging.FedEx Express will not pay a claim on undeclared orhidden dangerous goods and the FedEx Money-BackGuarantee does not apply.

(h) Our compliance with verbal or written deliveryinstructions from the sender, recipient or personsclaiming to represent the shipper or recipient.

(i) Loss of, or damage to, articles packed and sealedin packages by the sender, provided the seal isunbroken at the time of delivery and the packageretains its basic integrity and recipient did not make



note of the damage on the delivery record at the timeof delivery.

(j) Delays caused by customs clearance procedures orthose of other regulatory agencies, including delayscaused by incorrect, incomplete, inaccurate or missingcustoms documentation, or by our adherence to ourpolicies regarding the payment of duties and taxes.

(k) Our inability to provide a copy of the deliveryrecord, or a copy of the air waybill or a copy of thesignature on delivery.

(l) Erasure of data from or the loss or irretrievabilityof data stored on magnetic tapes, files or otherstorage media, or erasure of photographic images or soundtracks from exposed film.

(m) OUR FAILURE TO COMPLY WITH ANY“PACKAGING ORIENTATION” GRAPHICS (E.G. “UP”ARROWS, “THIS END UP” MARKINGS), “FRAGILE”LABELS OR ANY SENDER INSTRUCTIONS/LABELSON A SHIPMENT, OR DAMAGE TO SHIPMENTS NOT IN PACKAGING APPROVED BY US PRIOR TOSHIPMENT WHERE SUCH PRIOR APPROVAL ISRECOMMENDED OR REQUIRED HEREIN.

(n) Concealed or other damage to fluorescent tubes,neon lighting, neon signs, X-ray tubes, laser tubes andlight bulbs. Due to the extremely fragile nature ofthese items, we discourage the shipment of these items.

(o) The shipment of perishables, unless shipped inaccordance with the “Perishables” section of theseTerms and Conditions.

(p) Loss of currency, including but not limited tobank drafts, included in a shipment with or withoutthe knowledge of FedEx.

(q) Shipments released without obtaining a signatureif the shipper and/or recipient has providedauthorization by signing a Release DeliveryAuthorization and Indemnification Agreement.

(r) Our failure or inability to attempt to contact thesender or recipient concerning incomplete orinaccurate address; incorrect, incomplete, inaccurateor missing documentation; payment of duties andtaxes necessary to release a shipment; or anincomplete or incorrect customs broker’s address.

(s) Our failure to notify you of any damage to, or loss,delay, shortage, mis-delivery or non-delivery of yourshipment.

(t) Any damage to briefcases, luggage, garment bags,aluminum cases, plastic cases, computer cartons orsimilar types of items whose outer finish might bedamaged by adhesive labels, soiling, marking, or othertypes of surface damage that is normal with ordinarycare in handling unless placed in a protectivecontainer for shipment.

(u) Your failure to provide a method of paymentacceptable to FedEx such as a FedEx account numberin good standing. You, the shipper, will always beprimarily responsible for all charges, includingtransportation charges, and all duties, customsassessments, governmental penalties and fines, taxes and our legal fees and costs, related to yourshipment. Further and without limiting the generalityof the foregoing, you shall indemnify us and hold usharmless against all liabilities, losses, claims, damages,costs and expenses of any nature whatsoever, incurredas a consequence of your non-observance of anyapplicable international treaties, laws, governmentregulations, orders or requirements which you arerequired to observe relating to your shipment.

(v) If a shipment is refused by the recipient, leaks oris damaged, the shipment will be returned to thesender if possible. If the sender refuses to accept thereturned shipment or it cannot be returned for anyreason, the shipper is responsible for and willreimburse FedEx for all costs and fees of any typeconnected with the disposal of the shipment, and allcosts and fees of any type connected with the cleanup of any spill or leakage.

(w) Our acceptance of a shipment to a destinationcity not served in a country to which FedEx service isprovided. We may attempt to complete the delivery.However, in such circumstances, we will not be liableand we will not provide any proof of delivery. Thedelivery commitment listed for such country will notapply and the applicable rate will be the highest forthat country plus the maximum extended service areasurcharge. Such shipments will not be eligible for theMoney-Back Guarantee.

(x) The shipper’s failure to delete all shipmentsentered into a FedEx self-invoicing system, Internetshipping device or any other automated shippingmethod used to ship a package, when the shipment isnot tendered to FedEx.

(y) Loss or damage to any package for which we haveno record of tender to FedEx.

(z) The shipment of scale models (including but notlimited to, architectural models, doll houses, etc.)

(AA) The shipper’s failure to provide accuratedelivery address information.

(BB) The shipment of computers or any componentsthereof or any type of electronic equipment whenshipped in any FedEx packaging other than FedExlaptop packaging or in the manufacturer’s originalpackaging, which is undamaged and has retained agood, rigid condition. See the “Packaging andMarking” section for additional requirements.

(CC) Any shipment containing a prohibited item.(See “Prohibited Items”)

(DD) Damages indicated by any shockwatch,tiltmeter or temperature instruments.

Method of PaymentThere are three recommended forms of payment:cheque, credit card (MasterCard, Visa, AmericanExpress, Diners Club), and charge to a valid FedExaccount number in good standing. If a customerelects to “Bill Sender”, “Bill Recipient” or “Bill ThirdParty” and (1) fails to include an account number or(2) indicates an incorrect account number, FedExwill charge a special handling fee per air waybill orexpress manifest to defray the extra expense of billingsuch items. Payment by cash is available only atdesignated locations. Payment by electronic fundstransfer is available only by prior written agreement.If payment is by cheque, the cheque must contain thepayor’s name, address, telephone number, driver’slicense and credit card number of any of the majorcredit cards accepted by FedEx. Call 1.800.GoFedExfor further information.

Money-Back Guarantee* PolicyWe offer two Money-Back Guarantees, subject to theterms and conditions set out in this Guide. TheseGuarantees can be suspended or revoked at our solediscretion without prior notice, at any time, and fromtime to time, in respect of all customers or anyparticular customer. These two Guarantees are:

(a) Service FailureFor U.S.- and Canadian-based payors, we will, at ouroption and upon request, either refund or credit to theapplicable invoice only your transportation charges, if wedeliver your shipment more than 60 seconds after theapplicable delivery commitment time (“service failure”).

For FedEx Next Flight® and FedEx InternationalNext Flight®, for Canadian based payors, we will, atour option and upon request, either refund or creditto the applicable invoice only your transportationcharges, if we deliver your shipment more than 60 seconds after our last Quoted Delivery Time.NOTE: The Quoted Delivery Time may be changed for a variety reasons, including but not limited to,customs, flight delays or cancellations resulting fromair traffic control, weather or mechanical problems. If the delivery commitment is changed, the Money-Back Guarantee will only be applicable to the latestQuoted Delivery Time. You agree that our recordsregarding Quoted Delivery Times will constituteconclusive proof of any such quotes.

The following limitations apply:

1. Where customs or other regulatory clearances aredelayed, our delivery commitment time may bemodified by adding one business day for each day (or portion thereof) that such clearances are delayed.

2. An exact delivery commitment time can beobtained only by telephoning Customer Service at1.800.GoFedEx, and supplying us with the following:

• Air waybill number • Date of the shipment• Exact destination• Weight of shipment

Any transit time published in this Guide or elsewhereor quoted by Customer Service without the abovenoted information is only an estimate and is not astated delivery commitment time.

3. To qualify for a refund or credit due to a servicefailure, you must notify us of the service failure andrequest a refund or credit of your transportationcharges in compliance with the conditions listed below.If you do not comply with these conditions, you are notentitled to receive a refund or credit and cannot recovercompensation for a service failure in any lawsuit.

(i) For invoiced shipments and for shipments sentusing an automated shipping device, we must receiveyour request for refund or credit (by email ortelephone only) for service failure within 15 calendardays from the original invoice date.

(ii) For shipments that we do not invoice (paid bycash, cheque, money order, or credit card), you mustrequest your refund or credit (by email or telephoneonly) for service failure within 15 calendar days fromthe date of the shipment.

(iii) Notification of a service failure must include theFedEx account number, if any, the air waybill orFedEx tracking number, the date of shipment andcomplete recipient information.

(iv) No written requests for refunds or credits will be accepted. To request a refund via email, completethe Money-Back Guarantee Request Form availableon fedex.ca (See “Service info” tab.). To request arefund via telephone, call 1.800.GoFedEx (1-800-463-3339).

(v) A partial payment against an invoice is notconsidered a request for invoice adjustment or noticeof a refund request. A notification of the reason for anunpaid charge with your payment is not considered arequest for an invoice adjustment or notice of a refundrequest if the reason relates to a service failure.

4. A credit or refund under our Money-Back GuaranteePolicy will be applied only against charges for theshipment giving rise to the credit.

5. A service failure will not be deemed to haveoccurred if after you notify us we provide you with:

(i) Proof of timely delivery, consisting of the date andtime of delivery and name of the person who signedfor the shipment, or



(ii) Service exception information reflecting that thefailure to timely deliver resulted from circumstancesdescribed under “Liabilities Not Assumed”.

6. We are not obligated to respond if your request isnot received within the time limits stated above.

7. A service failure will not be deemed to have occurredif payment is not made in accordance with the termsset out in this Guide and the package was held untilalternate payment arrangements were secured.

8. Only one refund or credit is permitted per package.In the case of multiple-package shipments, thisMoney-Back Guarantee will apply to every package in the shipment. If a service failure occurs for anypackage within the shipment, a refund or credit willbe given only for the portion of the transportationcharges applicable to that package.

9. A refund or credit will be given only if completerecipient information was provided at the time oftender to FedEx. Complete recipient informationmust be provided on either the air waybill or throughany FedEx automated device.

10. A refund or credit will not be given for shipmentsdelayed due to incorrect addresses or to theunavailability or refusal of a person to accept delivery,whether or not the package is returned to the shipper,or sign for the package or due to any of the causesdescribed under “Liabilities Not Assumed”.

11. A refund or credit will not be given when we havebeen authorized to deliver a package withoutobtaining a signature, but we do not deliver suchpackage without obtaining a signature.

12. This Money-Back Guarantee does not apply torequests for invoice adjustment based on overcharges(see “Billing”) or shipments to P.O. Box addressesacceptable for delivery (see “Post Office BoxAddresses”).

13. This Money-Back Guarantee applies only totransportation charges paid by U.S.- and Canadian-based payors and does not apply to duties, taxes orany other charges.

14. A refund or credit will not be given to customersusing FedEx automated shipping devices if incorrectFedEx tracking numbers are applied to the subjectpackage or shipment.

15. This Money-Back Guarantee applies only toshipments tendered using FedEx Next Flight®, FedExFirst Overnight®, FedEx® Priority Overnight, FedEx2Day®, FedEx 1Day® Freight, FedEx InternationalNext Flight®, FedEx International First®, FedEx®

International Priority, FedEx® International Economy,and FedEx® International Priority Freight services.Contact Customer Service at 1.800.GoFedEx forfurther information.

16. The Money-Back Guarantee for shipmentsdestined for our extended service areas applies only to the portion of the transportation provideddirectly by us.

17. This Money-Back Guarantee does not apply toundeliverable or returned shipments or any shipmentcontaining Dangerous Goods or dry ice.

18. This Money-Back Guarantee does not apply todelays in delivery caused by adherence to FedExpolicies regarding the payment of duties and taxesprior to customs clearance or at delivery.

19. See “FedEx® International Broker Select” foradditional restrictions on the Money-Back Guaranteeapplicable to such shipments.

20. Credits for transportation charges will be appliedto the payor’s account only, and refunds will be madepayable to the payor only.

21. This Money-Back Guarantee does not apply toFedEx 1Day® Freight or FedEx International PriorityDirectDistribution® Freight service if Piece CountVerification or Appointment Delivery options arechosen.

(b) Package StatusAt our option, we will either refund or credit yourtransportation charges upon request, if we cannotreport the status of your package within 30 minutes of inquiry (unless due to the fault of the customer).Package status is defined as the most recentelectronically-scanned location of your packagereflected in our COSMOS tracking system. In order to qualify for this Money-Back Guarantee due tountimely package status reporting, you are subject to the following limitations:

1. You must telephone us within our business hoursand make your request within 15 days after the dateof shipment.

2. Written requests will not be accepted.

3. The response period under this Money-BackGuarantee is 30 minutes per package. Where morethan one package status inquiry is made in a call, wewill respond within 30 minutes of our receiving allpackage related information.

4. You must provide your FedEx account number, ifany, the air waybill or FedEx tracking number, date ofshipment, pieces and weight and the recipient’sname, address and postal/zip code on the first call.

5. Only one refund or credit is permitted per package.In the case of multiple package shipments, thisMoney-Back Guarantee will apply to each package inthe shipment, but a refund or credit is only availableon those packages whose status is not timelyreported.

6. This Money-Back Guarantee is only applicable toshipments within Canada or from Canada to thecontinental U.S. and does not apply to those deliverypoints outside FedEx direct service areas. Call1.800.GoFedEx for further information on FedExdirect service and extended service areas.

7. This Money-Back Guarantee does not apply torequests made to FedEx via the Internet.

8. Credits for transportation charges will be appliedto the Payor’s account only and refunds will be madepayable to the payor only.

9. This Money-Back Guarantee does not apply toFedEx Next Flight® and FedEx International NextFlight® services.

10. This Money-Back Guarantee does not apply toFedEx International Priority DirectDistribution® andFedEx International Priority DirectDistribution®

Freight services.

Holidays in international locations will affect ourtransit times. Contact Customer Service at1.800.GoFedEx for information on deliverycommitments which may be affected due to theobservance of these holidays. Deliveries normallyscheduled to be made on the day of holiday observancewill be rescheduled for delivery on the next businessday. The delivery commitment for application of theMoney-Back Guarantee Policy will be extended for aperiod equal to the length of the holiday.

There are no delivery commitments for shipments onwhich the Money-Back Guarantee is suspended.

* Offer void where prohibited by law.

Multiple Package Shipments(a) Multiple package shipments are acceptable to all international points served by FedEx.

(b) You may ship from 1 to 999 packages (exceptshipments in FedEx® Envelope, FedEx® Pak, FedEx®

10Kg Box and FedEx® 25Kg Box) going to a singlerecipient from the same point of origin, and movingon one FedEx air waybill (some weight limitationsmay apply). Shipments exceeding 500 pounds (227 kilograms) for international and 250 pounds(114 kilograms) for domestic require advancearrangements with FedEx. You must call us to arrange for pick up commitments and deliverycommitments.

(c) A separate address label must be applied to eachpackage in a shipment. The recipient’s complete name,address and phone number must be clearly indicated.

(d) You may ship only one FedEx® Envelope, FedEx®

Pak, FedEx® 10Kg Box or FedEx® 25Kg Box per airwaybill.

Package Tracking ServiceTracking of packages is available upon customerrequest. Call 1.800.GoFedEx and a Customer ServiceRepresentative will assist you. To track your package,you must have the following information when youcall us:

(a) Air waybill number

(b) Date of shipment

(c) Recipient’s name and address

(d) Number of packages and total weight of shipment

(e) Contents and value of shipment

(f) Your name and phone number, so we can call youback with the information you need

Packaging and Marking(a) All packages must be prepared and packed by the sender for safe transportation assuming ordinarycare in handling. Any articles susceptible to damageas a result of any conditions which may beencountered in air transportation, such as changes in temperature or atmospheric pressure, must beadequately protected by the sender. Each shipmentmust be legibly and durably marked with the name,address and postal/zip code of the sender andrecipient. Address labels should be placed on twosides of each package in the shipment. An additionallabel should be enclosed inside each box. The FedEx®

Envelope and FedEx® Pak are designed to containdocuments or flat, non-fragile material only andshould not be used for other goods, which may besusceptible to damage.

(b) FedEx packaging or corrugated boxes in goodrigid condition large enough to allow cushioning ofcontents on the top, bottom and sides should be used.Briefcases, luggage, garment bags, aluminum cases,plastic cases, computer cartons or similar types ofitems whose outer finish might be damaged byadhesive, labels, soiling, marking or other types ofsurface damage that is normal with ordinary care inhandling should be placed in a protective containerfor shipment.

(c) For packing and marking of shipments containingDangerous Goods, see “Dangerous Goods”.

(d) Blood, urine and other liquid diagnosticspecimens will only be accepted when shipped in awatertight primary receptacle and watertightsecondary packaging and if not restricted by thedestination country. An absorbent material must beplaced between the primary receptacle and thesecondary packaging. If multiple primary receptaclesare placed in a secondary packaging, they must bewrapped individually to ensure that contact between



them is prevented. The absorbent material, such ascotton wool, must be sufficient to absorb the entirecontents of all primary receptacles.

It is the responsibility of the sender to ensureadequate absorbent material is used. Sturdy outsidepackaging constructed of corrugated fiberboard,wood, metal or plastic must be used. This outsidepackaging should be large enough to accommodate aFedEx® air waybill and pouch. Unacceptable forms ofpackaging for blood, urine and other liquid diagnosticspecimens consist of FedEx supplied packaging:FedEx® Envelope, FedEx® Pak, FedEx® Box, FedEx®

Tube, FedEx® 10Kg Box or FedEx® 25Kg Box;Styrofoam, plastic bags and paper envelopes. FedExwill refuse to accept packages not meeting these andother governmental requirements. For additionalinformation or assistance in locating approvedpackaging materials, call FedEx Customer Service at1.800.GoFedEx.

(e) It is the shipper’s sole responsibility to completethe air waybill or the “Shipper’s Declaration forDangerous Goods”, if appropriate, or verify that theyhave been completed correctly.

(f) For information on how to submit your packagingfor testing or evaluation, call 1.800.633.7019.

PerishablesWe do not provide temperature-controlled shipmentsand will not be liable for commodities that could bedamaged by exposure to extreme heat or cold.Perishable items shall be accepted solely at theshipper’s risk for damage, regardless of whether thepackage was delivered on time. FedEx Expresscustomers may contact FedEx Packaging Design andDevelopment (1.800.633.7019) prior to shipping forhelpful packaging and shipping information.

PharmaceuticalsShipments of pharmaceuticals will only be acceptedwhen tendered in accordance with applicable local,provincial and international laws. The shipper isresponsible for compliance with all applicable laws.

Pick Up and Delivery Service(a) Pick up service is provided by FedEx only in ourdirect service areas Monday through Friday at noadditional charge. When a customer elects to use acartage agent to pick up a shipment for delivery to aFedEx office, the customer is responsible for payingall charges assessed by the cartage agent.

(b) Delivery service is provided by FedEx Mondaythrough Friday at no additional charge to destinationswithin direct service areas.

(c) A special handling fee will be applied toshipments picked up or delivered on Saturday.

(d) Cartage agents are utilized for pick ups anddeliveries in extended service areas. Depending onthe final destination and whether the shipment isdomestic or international, a surcharge will be applied.A higher surcharge will be applied for shipmentspicked up from or delivered to the NorthwestTerritories, Nunavut and Yukon. Shipments picked up from or delivered to Alaska, Hawaii or Puerto Ricowill be subject to a surcharge for a FedEx® Envelopeor a FedEx® Pak or a surcharge for FedEx®

International Economy or FedEx® InternationalPriority shipments (other than FedEx® Envelope orFedEx® Pak). See details in the FedEx Express Ratesbook, or call FedEx Customer Service at1.800.GoFedEx.

(e) All shipments within our direct service area aredelivered to the RECIPIENT’S physical address, butnot necessarily to the recipient personally. Shipmentaddresses must always include the complete streetaddress of the recipient, and telephone or fax number.In accordance with RECIPIENT’S instructions,packages can be left at designated locations withoutobtaining a recipient signature. Packages cannot bedelivered to post office boxes; however, post office boxaddresses are accepted in certain countries(excluding USA) provided a recipient telephonenumber is specified on the air waybill (see “PostOffice Box Addresses”, or call 1.800.GoFedEx fordetails on areas excepted).

(f) Shipments to hotels, government offices orinstallations, university campuses or other facilitieswhich utilize a mailroom or central receiving area,may be delivered to the central receiving area.

(g) Any person scheduling a pick up other than thesender must have a valid “Bill to” FedEx accountnumber; otherwise, payment must be collected inadvance, billed to a valid sender’s FedEx accountnumber or to a major credit card.

(h) Non-productive pick ups may result incancellation of the pick up service.

(i) Your shipment may be delayed or returned if wedetermine at any time that it is billed to a FedExaccount number which is not in good credit standing.

(j) If we accept a shipment to a destination city not served in a country to which FedEx service isprovided, we may attempt to complete the delivery.However certain limitations will apply, see “LiabilitiesNot Assumed”.

(k) Shipments may be delivered and released withoutobtaining a signature if the sender has authorized arelease by signing the Release Signature Section ofthe air waybill or by completing the Release DeliveryAuthorization and Indemnification Agreement forShippers (obtained through your local FedEx office

or your FedEx Account Executive). A shipment mayalso be released without obtaining a signature if therecipient has provided authorization by signing theRelease Delivery Authorization and IndemnificationAgreement for Recipients (obtained through yourlocal FedEx office or your FedEx Account Executive).A recipient is not required to have a FedEx accountnumber to obtain an authorization to releaseshipments. Authorization to release shipments will beallowed only to customers who have established asatisfactory payment history. We also reserve the rightto release packages at residential delivery locationswithout obtaining a signature, provided that none ofthe restrictions in paragraph (l) below apply.

(l) Some shipments will not be released without adelivery signature even where release is authorizedincluding, but not limited to:

• “Bill Recipient” shipments when the recipient doesnot have a FedEx account or where a recipient’saccount is on “cash only” status (requires payment or a valid FedEx account number at the time ofdelivery).

• Damaged Shipments.

• Dangerous Goods shipments.

• Drugs, firearms or perishable goods.

• Indirect deliveries.

• Invalid or missing credit card number (requirespayment or a valid FedEx account number at the time of delivery).

• One or more packages in a multiple packageshipment where all packages cannot be safelyreleased.

• The delivery location or circumstances areunsuitable for unattended delivery as determined in our sole discretion.

(m) Shipments are delivered to the recipient’sphysical address shown on the air waybill, but notnecessarily to the named recipient personally. We donot offer restricted delivery services, and we maymake an “indirect” delivery. Indirect delivery is acompleted delivery to an address other than theaddress on the air waybill. Packages cannot bedelivered to P.O. boxes or P.O. box postal zip codes.Package addresses must include the complete streetaddress of the recipient.

(n) If a shipment is addressed to a rural route orconcession or side road number, because no streetaddress exists, the area code and telephone numberof the recipient must be indicated on the shipment or air waybill. If this information is not provided, anattempt may be made to locate the recipient, but norefund or credit will be available under the Money-

Back Guarantee. Use of a rural route or concession, or side road number may result in a delivery delay. If the recipient cannot be located after reasonableefforts, the shipment will be treated as undeliverable(see “Undeliverable Packages”).

(o) FedEx may, at its sole discretion, use alternatepick up and delivery arrangements. We may also, inour sole discretion, refuse to pick up or deliver apackage or shipment.

(p) The delivery commitment for FedEx Next Flight®

and FedEx International Next Flight® services will bethe delivery time quoted to each customer. TheQuoted Delivery Time will vary for each shipment andwill depend on the availability of suitable commercialairline flights or the time required to drive theshipment from the origin to the destination, whicheveris faster. A Quoted Delivery Time may be changed fora variety reasons, including but not limited to,customs, flight delays or cancellations resulting fromair traffic control, weather or mechanical problems.In the event of the occurrence of any of the foregoing,the FedEx Next Flight® Service Desk shall quote anew delivery time to shipper and recipient (ifrequested by shipper) by telephone or by customer’sreasonably requested method. This new delivery timeshall then become the Quoted Delivery Time. Twoattempts will be made to reach the shipper and twoattempts to reach the recipient (if requested byshipper). Any such change to the Quoted DeliveryTime will be logged into the tracking system.

Post Office Box AddressesShipments addressed to post office boxes in Canadaand certain other countries, excluding U.S.destinations, are accepted by FedEx. The recipient’sphone number must be included on the air waybill.Packages cannot be delivered to post office boxes.The recipient will be contacted by FedEx in thedestination city for pick up of the shipment at theclosest FedEx location. Please call 1.800.GoFedEx formore information on areas accepting shipmentsaddressed to post office boxes. Our normal deliverycommitments and our Money-Back Guarantee do notapply to post office box shipments.

PrivacyBy sending or receiving a shipment, or beingidentified as the Third Party for billing purposes, you consent to the collection, use, or disclosure ofpersonal information about you by FedEx for thefollowing purposes:

• To provide timely, reliable and value-added servicesto customers including domestic and internationalshipping, shipment tracking, customs brokerage,account management and billing, global logistics,supply chain management, information management



and technical support, e-commerce, and relatedservices;

• To establish a customer relationship and tocommunicate with customers;

• To develop, implement, market, and manageservices for customers;

• To assist in law enforcement purposes, to collectunpaid debts, for credit reporting and ratingpurposes, and to protect the business interests ofFedEx and its customers;

• To manage and promote the business activities ofFedEx; and

• To meet requirements imposed by law.

In particular, with respect to a shipment, you consentto the disclosure by FedEx of personal informationabout you to the shipper, the recipient and the partyidentified as the Third Party for billing purposes, asthe case may be.

Proof of Delivery – VerbalWhen requested by the sender or recipient, verbalconfirmation of delivery (date, time and name ofperson who signed for the shipment) is available. Thisinformation is usually available within 30 minutes ofscheduled delivery commitment to FedEx direct-served locations in the U.S. and Canada. In all othercountries, this information is usually available by12:00 midnight local time in the country of delivery onthe day following scheduled delivery to FedEx directservice locations or extended service areas. Proof ofdelivery is not available for document shipments toTunisia and not available for either document or non-document shipments to Equatorial Guinea.

For FedEx Next Flight® and FedEx InternationalNext Flight® services, a proof of delivery phone call tothe shipper stating the date and time of delivery andthe name of the person who signed for the shipmentwill be performed for every shipment. Two attemptswill be made to reach the shipper by telephone. Afaxed proof of delivery will also be provided uponrequest by the shipper or the recipient.

Proof of Delivery – WrittenWhen requested within one year of the shipping date,FedEx will, at its option, furnish a photostatic copy of the destination delivery record or electronicallycaptured delivery information for deliveries madewithin FedEx direct serviced areas. We assume noliability for our inability to provide a copy of thedelivery record. Proof of delivery is not available fordocument shipments to Tunisia and not available foreither document or non-document shipments toEquatorial Guinea. Proof of delivery is also availablefrom our website fedex.ca.

Qualified Acceptance of ShipmentsWe reserve the right to refuse, hold or return ashipment for any reason, including but not limited to, when in our opinion: (a) the shipment would belikely to cause damage or delay to other shipments,equipment or personnel, (b) the carriage of theshipment may be prohibited by law or may violate any of the Terms and Conditions as amended fromtime to time, (c) payment is not made in accordancewith the terms set out in the Terms and Conditions,(d) acceptance of the shipment or shipments mayjeopardize the provision of service to other customers,as solely determined by FedEx, or (e) the shipment islikely to sustain damage or loss in transit because ofimproper packaging or otherwise. We have no liabilitywhatsoever for refusal or rejection of shipments.

Rate QuotationsAny rate quotation given by FedEx before theshipment has been tendered is an estimate only. Thefinal rate will depend on factors, including but notlimited to, the weight, type of service requested,dimensional weight, or special handling fees at thetime of shipping. We are not liable for, nor will anyadjustment, refund or credit of any kind be made, as aresult of discrepancy in any rate or service quotationmade prior to the shipment and the rates, and othercharges that we invoice to you.

Re-Delivery of Service(a) If delivery of a shipment cannot be completed onthe initial delivery attempt, we will at our sole option,either attempt re-delivery, and/or hold the shipmentat our facility and an attempt may be made to notifythe recipient to establish further instructions. Re-delivery service will be provided at no additionalcharge. A notice of attempted delivery will be left atthe recipient’s address after each attempted delivery.

(b) If after two attempted deliveries and/or twoattempts to notify the recipient, or after being heldfor five business days from the date the shipment isreceived and has cleared customs in the destinationstation, the shipment will be considered undeliverable(see “Undeliverable Packages”). For packagesdestined to a residential address in the U.S., onedelivery attempt will be made, then we will, at oursole option, either attempt re-delivery or hold theshipment at our facility and contact the recipient orshipper for further instructions. After five businessdays from the date of the shipment, the shipment will be considered undeliverable (see “UndeliverablePackages”).

Restrictions (International)(a) Size restrictions vary by country. Call1.800.GoFedEx for further information.

(b) Weight limits vary by country. Call 1.800.GoFedExfor further information.

(c) For shipments exceeding 1,000 pounds (455 kilograms) in total weight or 1,000 pieces whosedelivery destination is a major market, or shipmentsexceeding 500 pounds (227 kilograms) or 500 pieceswhose delivery destination is a non-major market, thesender must make special pick up arrangements withFedEx by 12:00 noon on the day of shipment todetermine specific commitments, to arrange for pickup and to schedule delivery within the requestedtime. Shipments requiring special pick uparrangements for Saturday outbound service must be pre-arranged on previous business day.

(d) There is no limit on the aggregate weight of amultiple package shipment (except to Argentina)provided each individual package within theshipment does not exceed any per package weightlimit for the destination. Additional restrictions mayapply depending on the destination and variousregulatory clearance requirements. In addition,customs clearance may be required for certaincommodities, and may extend the transit time.

(e) FedEx® Pak shipments destined for the U.S.,Europe and the Far East receive the special FedEx® Pak rate only if their weight is 2.2 pounds (1 kilogram) or less. If the gross weight of a FedEx®

Pak exceeds 2.2 pounds (1 kilogram), it will be billedaccording to its weight at FedEx® InternationalPriority rates. A FedEx® Pak to all other internationaldestinations will be billed according to its weight atFedEx® International Priority rates in all cases.

(f) If the gross weight of a FedEx® Envelope,including packaging, contents and air waybill,exceeds 0.5 pound or 8 ounces (227 grams), it will bebilled at the applicable FedEx® International Priority/FedEx® Pak rate. Contents (documents or non-fragileflat materials only) must fit in packaging so that itcan be sealed normally to prevent damage.

(g) FedEx® Envelope, FedEx® Pak, FedEx® 10Kg Boxand FedEx® 25Kg Box shipments must be tendered inthe appropriate FedEx packaging.

(h) No more than one type of service may be indicatedon a single air waybill and no more than one FedEx®

Envelope, FedEx® Pak, FedEx® 10Kg Box and FedEx®

25Kg Box may be shipped on a single air waybill.

(i) You are allowed to ship up to ten (10) differentcommodities on a single air waybill.

(j) Blood, urine and other liquid diagnostic specimenscontaining etiological agents are consideredDangerous Goods (see “Dangerous Goods”). IATA and Canadian Transportation of Dangerous Goodsregulations apply. Other blood, urine and liquid

diagnostic specimens must be packaged to specificstandards (see “Packing and Marking”).

(k) Laptop, desktop, notebook, mini-computers orany type of electronic equipment must not be shippedin any regular FedEx packaging. Manufacturer’soriginal packaging, which is undamaged and retaineda good, rigid condition, or FedEx approved packagingfor laptops is recommended. Call our PackagingDesign and Development lab at 1-800-633-7019 formore information.

(l) The following items are not acceptable for carriageto any international destinations unless otherwiseindicated by FedEx. (Additional restrictions mayapply depending on destination. Various regulatoryclearances in addition to customs clearance may berequired for certain commodities; therefore,extending the transit time. Call 1.800.GoFedEx forany additional specific country restrictions):

• Foodstuffs:– Perishable foodstuffs and beverages– Non-perishable foodstuffs and beverages that arenot appropriately packed. Non-perishable foodstuffsand beverages that are packed in appropriatecontainers are acceptable (with a two day addition to transit times) to: Belgium, Canada, ChannelIslands, England, France, Germany, Hong Kong,Northern Ireland, Republic of Ireland, Italy,Liechtenstein, Luxembourg, Monaco, Netherlands,Scotland, Singapore, Switzerland, the United Statesand Wales. If sugar or coffee are being sent to Japan,only samples are acceptable.

• Live insects, animals, birds, reptiles and plants,including cut flowers (cut flowers are acceptable toselected points in the United States and to Canada –advance arrangements are required).

• Dead animals or animals that have been mounted.

• Live Fish/Seafood: We will accept live fish/seafoodsuch as lobsters or crabs on an exception basis onlywhen FedEx pre-shipment procedures are followedand provided the shipper is in compliance with allapplicable laws, governmental regulations, orders orrequirements including, but not limited to, the U.S.Food and Drug Administration food safety regulations.Customers must contact their FedEx AccountExecutive to complete the procedures. The packagingfor such live fish/seafood must be tested and approvedby the FedEx Packaging Design and DevelopmentDepartment prior to the shipment being accepted by FedEx. If there are any questions regarding thetesting process, please call 1.800.633.7019 and speakto the packaging staff. It is ultimately theresponsibility of the shipper to adequately packagethe shipment for all temperature extremes andhandling that may be encountered.



• APO/FPO addresses, with exceptions. Call1.800.GoFedEx.

• C.O.D. shipments.

• Human corpses, human organs or body parts:cremated or disinterred human remains.

• Drugs, prescriptions, except to certain countries.Call 1.800.GoFedEx for further information. Also seeitem (p) below.

• Explosives (except Class 1.4)

• Firearms, weaponry and parts thereof.

• Money (including coins, cash, currency or papermoney). FedEx does not accept shipments of cashunder any circumstances. If a shipment of cash issent, FedEx will deposit the cash in a bank accountsubject to the following terms: (i) if the cash shippedis under $100, a cheque for the cash shipped less an administration fee of 25% of the cash shipped willbe mailed to the shipper; and (ii) if the cash shippedis over $100, a cheque for the cash shipped less anadministration fee of $35 will be mailed to the shipper.

• Collectable coins and stamps.

• Negotiable stocks, bonds, bank drafts, cash letters,and other negotiable instruments equivalent to cash.

• Gambling devices.

• Lottery tickets.

• Liquor and alcoholic beverages except betweenlicensed distributors (advance arrangements arerequired).

• Tobacco, in certain countries only. Call 1.800.GoFedEx for further information.

• Pornography.

• The following Dangerous Goods: Explosives (unlesspre-approved by FedEx) and FX-04 Class 8 Corrosiveswhich includes UN 2031 nitric acid over 40%concentration; UN 1796 nitrating acid, mixture over40% concentration; UN 1826 nitrating acid mixtures,spent over 40% in original solution; UN 1873perchloric acid, over 50% concentration; poisons inIATA class 6.1 packing group I and II (unless pre-approved by FedEx); any substance bearing a poisongas label; hazardous waste. Also see item (m) below.

• Furs and fur clothing require two additional daystransit time and are restricted except to: Belgium,Channel Islands, England, France, Germany, Hong Kong, Northern Ireland, Republic of Ireland,Italy, Liechtenstein, Luxembourg, Monaco,Netherlands, Scotland, Singapore, Switzerland andWales. Furs from endangered species are NOTacceptable to any destination.

• Hazardous waste, including but not limited to, usedhypodermic needles or syringes, or other medicalwaste.

• Personal effects where the importer is claimingduty-free entry.

• Shipments moving under a carnet (allowstemporary import for display, etc. without duties),unless advance arrangements are made.

• Drawback claims (request for refund of importduties at time of export), unless advancearrangements are made.

• Shipments requiring Temporary Importation Bonds(T.I.B.s – allows temporary import for repairs, etc.),unless advance arrangements are made.

• Wet ice (for Dry Ice, see item (m) below).

• Any shipment which, in our judgment, could causedamage to, or delay of, equipment, personnel orother shipments.

• Any shipment which may require us to obtain alicense or permit for its transportation, importation or exportation.

• Any item whose carriage is prohibited by anyapplicable international treaty, law, governmentregulation, order or requirement of the country oforigin or destination, or of any country throughwhich the shipment may transit.

• Shipments that are wet, leaking or emit a foul odour.

• Fragile Articles/Orientation. Packaging for all fragilearticles (including, but not limited to, electronic andelectrical devices and scientific testing equipment)should be pre-approved by the FedEx PackagingDesign and Development Department prior toshipping. We assume no liability for such shipments.Call FedEx Packaging Design and Development forprocedures for submitting packaging for testing at1.800.633.7019 Monday – Friday 8 a.m. – 5 p.m. (CST).We do not provide special handling for packagingbearing “Fragile”, “Refrigeration required” ororientation markings. See “Liabilities Not Assumed”.

• Perishables.

(m) The following Dangerous Goods are allowed toany FedEx destination to which we offer DangerousGoods service (except Alaska, other than Anchorage,Kenai, Juneau and Fairbanks) (contact FedExCustomer Service at 1.800.GoFedEx for further detailson availability):

• Gases, flammables, oxidizers, corrosives, organicperoxides, infectious substances, Dry Ice, asbestosand batteries (IATA classes 2, 3, 4, 5, 6.2, 8 and 9).Additionally, the following conditions apply toshipments of poisons and radioactives:

• Poisons are subject to the following conditions:

Classes 6.1, Packing Groups I and IIU.S. to Canada Acceptable if tendered in DOT

exemption packaging; Refer toIATA, FX-02

Canada to U.S. Unacceptable**

U.S./Canada to and from Europe Unacceptable**

Classes 6.1, Packing Group IIIU.S. to and from Canada Acceptable

U.S./Canada to and from Europe Acceptable

Radioactives are subject to the following conditions:

White:Canada to the U.S./U.K. Acceptable*U.K. to the U.S./Canada Acceptable*U.S. to the U.K./Canada Acceptable*Yellow II and III:To and from Canada/U.S. Acceptable*All other destinations Unacceptable**

FedEx will NOT accept or transport any Type A orType B radioactive material (Class 7) that weighsmore than 150 pounds (68 kg) per package. Forfurther information, please call 1.800.GoFedEx.

* All radioactive materials must be transported ineither Type A or Type B packaging or “ExceptedPackaging” as allowed by IATA Regulations. If shippedin Type B (u) or Type B (m) packaging it must beof a design approved by the Atomic Energy ControlBoard of Canada.

** Unless pre-approved by FedEx.

(n) The following “Accessible” Dangerous Goods areprohibited when using FedEx® InternationalEconomy service:

Class 1: ExplosivesClass 2: Gases

2.1 – Flammable gases2.2 – Non-flammable gases with a cargo aircraft

only labelClass 3: Flammable liquidsClass 4: Flammable solids, spontaneously combustible,

dangerous when wetClass 5: Oxidizer and Organic PeroxideClass 8: Corrosive material

(o) Cosmetics of any type are unacceptable forshipment to many countries. Please call FedExCustomer Service at 1.800.GoFedEx for furtherinformation.

(p) Non-prescription drugs are unacceptable forshipment to many countries. To determine the

acceptability to a specific country, please call1.800.GoFedEx. Because laws and regulationsregarding admissibility and clearance procedures vary by destination country, FedEx will assume noresponsibility for delivery delays. In the event theshipment does not clear proper regulatory agencies, it will be deemed undeliverable (see “UndeliverablePackages”). If there is any question regarding theadmissibility of non-prescription drug shipments, wesuggest that the sender either contact the recipient todetermine entry requirements or contact FedExCustomer Service at 1.800.GoFedEx and an inquirywill be made on the sender’s behalf.

(q) Shipments with a declared value for customs inexcess of that permitted for a specific destination.The declared value for carriage cannot exceed thedeclared value for customs as indicated on the airwaybill.

Restrictions (Intra-Canada)(a) Size and weight limits may vary by province. CallFedEx Customer Service at 1.800.GoFedEx for furtherinformation.

(b) For shipments exceeding 1,000 pounds (455 kilograms) in total weight or 1,000 pieces whosedelivery destination is a major market, or shipmentsexceeding 500 pounds (227 kilograms) or 500 pieceswhose delivery destination is a non-major market, the sender must make special pick up arrangementswith FedEx by 12:00 noon on the day of shipment todetermine specific commitments, to arrange for pickup and to schedule delivery within the requestedtime. Shipments requiring special pick uparrangements for Saturday outbound service must be pre-arranged on previous business day.

(c) A FedEx® Pak shipment receives the specialFedEx® Pak rate only if its weight is 2.2 pounds (1 kilogram) or less. If the gross weight of a FedEx®

Pak exceeds 2.2 pounds (1 kilogram), it will be billed according to its weight at FedEx® PriorityOvernight rates.

(d) If the gross weight of a FedEx® Envelopeincluding packaging, contents and air waybill exceeds0.5 pound or 8 ounces (227 grams), it will be billed atthe applicable FedEx® Priority Overnight rate.Contents (documents or flat, non-fragile materialsonly) must fit in packaging so that it can be sealednormally to prevent damage.

(e) Shipments moving under a FedEx® Envelope orFedEx® Pak must be tendered in the appropriatepackaging supplied by FedEx.

(f) No more than one type of service may be indicatedon a single air waybill and no more than one FedEx®

Envelope or FedEx® Pak may be shipped on a singleair waybill.



(g) Blood, urine and other liquid diagnosticspecimens containing etiological agents areconsidered Dangerous Goods and must beaccompanied by appropriate documentation.

(h) Laptop, desktop, notebook, mini-computers orany type of electronic equipment must not be shippedin any regular FedEx packaging. Manufacturer’soriginal packaging, which is undamaged and hasretained a good, rigid condition, or FedEx approvedpackaging for laptops is recommended. Call ourPackaging Design and Development lab at 1.800.633.7019 for more information.

Non-perishable foodstuffs and beverages that arepacked in appropriate containers are acceptableprovided the shipper is in compliance with allapplicable Provincial and Federal laws and FedExpre-shipment procedures are followed. Customersmust contact their FedEx Account Executive tocomplete these procedures.

(i) The following items are not acceptable forcarriage unless otherwise indicated by FedEx:

• Foodstuffs

• Perishable foodstuffs and beverages

• Live insects, animals, birds, reptiles and plants,including cut flowers (cut flowers are acceptable toselected points in Canada – advance arrangementsare required).

• Live Fish/Seafood: We will accept live fish/seafoodsuch as live lobsters or crabs on an exception basisonly when FedEx pre-shipment procedures arefollowed and provided the shipper is in compliancewith all applicable Provincial and Federal laws. Call 1.800.GoFedEx for details.

• C.O.D. shipments.

• Human corpses, human organs or body parts:cremated or disinterred human remains.

• Explosives (except Class l.4 and 1.3 airport toairport).

• Firearms, weaponry and parts thereof.

• Money (including coins, cash, currency or papermoney). FedEx does not accept shipments of cashunder any circumstances. If a shipment of cash is sent, FedEx will deposit thecash in a bank account subject to the following terms:(i) if the cash shipped is under $100, a cheque for the cash shipped less an administration fee of 25% ofthe cash shipped will be mailed to the shipper; and(ii) if the cash shipped is over $100, a cheque for thecash shipped less an administration fee of $35 will be mailed to the shipper.

• Collectable coins and stamps.

• Negotiable stocks, bonds, bank drafts, cash letters,and other negotiable instruments equivalent to cash.

• Liquor and alcoholic beverages except betweenlicensed distributors (advance arrangements arerequired).

• Gambling devices.

• Lottery tickets.

• Pornography.

• The following Dangerous Goods: Explosives (unlesspre-approved by FedEx) and FX-04 Class 8 Corrosiveswhich includes UN 2031 nitric acid over 40%concentration; UN 1796 nitrating acid, mixture over40% concentration; UN 1826 nitrating acid mixtures,spent over 40% in original solution; UN 1873perchloric acid, over 50% concentration; poisons in IATA class 6.1 packing group I and II (unless pre-approved by FedEx); any substance bearing apoison gas label; hazardous waste.

• Hazardous waste, including, but not limited to, usedhypodemic needles or syringes or other medical waste.

• Any shipment which may cause damage to, or delayof, equipment, personnel or other shipments.

• Any shipment which may require the carrier toobtain a license or permit for its transportation.

• Any item whose carriage is prohibited by any law,statute or regulations of the province of origin ordestination, or of any province through which theshipment may transit.

• Fragile Articles/Orientation. Packaging for all fragilearticles (including, but not limited to, electronic andelectrical devices and scientific testing equipment)should be pre-approved by the FedEx PackagingDesign and Development Department prior toshipping. We assume no liability for such shipments.Call FedEx Packaging Design and Development forprocedures for submitting packaging for testing at1.800.633.7019 Monday – Friday 8 a.m. – 5 p.m. (CST).We do not provide special handling for packagingbearing “Fragile”, “Refrigeration required” ororientation markings. See “Liabilities Not Assumed”.

• Perishables.

(j) Shipments with a declared value in excess of that which is permitted pursuant to this FedExService Guide.

Routing and Re-RoutingFedEx will determine the routing of all shipments,including using ground transportation, whereappropriate. There are no stopping places which are agreed to at the time of tender of the shipment. We reserve the right to divert any shipment in order tofacilitate its delivery (including the use of other carriers).

Saturday Service(a) For certain FedEx® services, shipments destinedfor selected international and domestic points may be picked up, dropped off or delivered on Saturday for a special handling fee. The Saturday Serviceoption must be indicated in the designated area onthe air waybill at the origin pick up or drop off point.Some restrictions apply. Call FedEx Customer Serviceat 1.800.GoFedEx for details.

(b) This special handling fee applies for all SaturdayService shipments whether picked up by FedEx ordropped off by the customer directly. However, theapplicable drop off discount applies for shipmentsdropped off by the customer on Saturday atdesignated FedEx locations. See “Drop Off Discount”for further information.

(c) FedEx does NOT offer pick up services from mostFedEx® Drop Boxes or any FedEx World ServiceCenter® on Saturdays. Therefore, shipments droppedoff at a FedEx Drop Box on Saturdays will not, inmost cases, be picked up until the following businessday and that business day will be the ship date.

(d) Dangerous Goods shipments may be dropped offat a manned FedEx office on Saturday. In this case,add one day to the delivery commitment. Saturdaypick up and delivery of Dangerous Goods may beavailable at certain locations only. Call 1.800.GoFedExfor availability. Dangerous Goods may not be left atFedEx Drop Boxes.

(e) Saturday pick up and delivery may not beavailable for FedEx First Overnight® or FedExInternational First® shipments. Call 1.800.GoFedExfor information on destinations available.

(f) Saturday delivery of all other acceptablecommodities is available in selected international anddomestic locations for an additional charge. Pleasecall FedEx Customer Service at 1.800.GoFedEx forinformation on specific destinations.

(g) Saturday delivery for FedEx® InternationalPriority Freight service is available to select U.S.locations for an additional surcharge. Door-to-door(DTD) and Airport-to-Door (ATD) are the onlyservice options available. All shipments must beprocessed using the FedEx Expanded ServiceInternational Air Waybill. Please call FedEx CustomerService at 1.800.GoFedEx for more information onspecific destinations.


Storage FeesA storage fee will be applied to any shipmentunclaimed or otherwise left in a FedEx location formore than 48 hours following notification to therecipient and/or designated broker of the shipment’savailability or additional documentation required forregulatory clearance.

Undeliverable Packages(a) If a shipment is undeliverable for any reason, wemay attempt to notify the shipper to arrange for thereturn of the shipment if local customs or othergovernmental regulations allow. If the shipper cannotbe contacted within five (5) business days, we mayplace the shipment in a general order warehouse or acustoms-bonded warehouse or will dispose of theshipment. In any event, if a package cannot bedelivered or returned, the package may be transferredor disposed of by FedEx in its discretion and at anylocation. Shipper, if known, agrees to pay any costsincurred and indemnify FedEx for any damages.

(b) For shipments returned from international pointsto Canada, return charges and fees will be assessed tothe original shipper along with the original chargesand fees. Also included will be any other chargesincurred by us, including but not limited to, duties,taxes, cartage and storage fees if applicable.

(c) Shipments that cannot be returned due to localregulatory constraints will either be placed in ageneral order warehouse or a customs-bondedwarehouse or disposed of in our sole discretion and at any location. Shipper, if known, agrees to pay anycosts incurred by FedEx in such placement ordisposal and indemnify FedEx for any damages.

Warranty DisclaimerFedEx makes no warranties, express or implied, andexpressly disclaims any and all warranties.

Mandatory LawInsofar as any provisions contained or referred to inthis Guide, our air waybills or any applicable tariff, orany modifications, amendments and supplements tosuch documents, may be contrary to any applicableinternational treaties, laws, government regulations,orders or requirements, such provisions shall remainin effect as part of our agreement with you to theextent that they are not overridden. The invalidity or unenforceability of any provision shall not affectany other part of this Guide, air waybill, or anyapplicable tariff.

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