Terms & Conditions of Carriage

These Terms and Conditions of Carriage (the "Terms") apply to all shipments tendered to and accepted by Majha Wala Transportation Inc. (the "Carrier"). By tendering any shipment to the Carrier, the shipper, consignee and any other party with an interest in the shipment (collectively, the "Shipper") agree to be bound by these Terms, whether or not the Shipper has signed the Bill of Lading. No agent or employee of the Carrier is authorized to alter or waive these Terms except in a written agreement signed by an officer of the Carrier.

The contract of carriage for each shipment is governed by the Bill of Lading issued for that shipment, together with these Terms. In the event of any conflict between the Bill of Lading and these Terms, the Bill of Lading shall prevail to the extent of the inconsistency. The Shipper is responsible for ensuring that the Bill of Lading accurately describes the goods, quantity, weight, origin, destination and any special instructions.

Quoted rates are based on the information provided by the Shipper — origin, destination, weight, dimensions, commodity and required dates — and are subject to change if actual shipment characteristics differ. Unless expressly included in a written quote, additional services are billed as accessorial charges at the Carrier's prevailing rates, including but not limited to: stop-offs, detention, layovers, redelivery, reconsignment, inside pickup or delivery, lumper or labour services, tolls, border- or customs-related fees, storage, scale tickets and fuel surcharges. Accessorial charges are payable by the Shipper in accordance with the Payment Terms section of these Terms.

Free time for loading or unloading is limited to two (2) hours per pickup or delivery unless otherwise agreed in writing. Time beyond free time is billed as detention at the Carrier's prevailing hourly rate, charged in increments of fifteen (15) minutes. Detention incurred at border crossings, customs examinations or inspections caused by incomplete or inaccurate documentation is billable to the Shipper.

A shipment may be cancelled without charge if the Carrier is notified before a unit is dispatched. If a unit has been dispatched, or arrives for loading, and the shipment is cancelled, not ready or unavailable (a "Truck Order Not Used" or "TONU"), the Carrier may charge a TONU fee plus any accrued mileage, tolls and expenses.

Unless otherwise agreed in writing, the Carrier provides vehicle and driver only; loading and unloading are the responsibility of the Shipper and the consignee respectively. Drivers do not handle freight and are not required to count or verify piece counts. Freight tendered as "shipper load and count" (SL&C) is accepted without verification of count or of the condition of concealed contents, and the Carrier is not liable for shortages or damage on such shipments absent proven negligence of the Carrier.

Where the Shipper or its agents load the trailer, the Shipper is responsible for proper blocking, bracing and securement in compliance with applicable cargo securement standards, including National Safety Code Standard 10 (Canada) and 49 CFR Part 393 (United States). The Carrier may refuse to move, or may re-secure at the Shipper's expense, any load that in the driver's judgment is unsafe or non-compliant.

Quoted transit and delivery times are good-faith estimates based on lawful operation and normal conditions; they are not guaranteed unless a guaranteed delivery schedule is accepted in writing by the Carrier. The Carrier is not liable for delays caused by weather, road closures, traffic, border processing, inspections, mechanical failure despite proper maintenance, or other causes beyond its reasonable control, and no freight charges are contingent on a specific delivery time unless so agreed in writing.

The Carrier's liability for loss of, damage to, or delay of any shipment is limited in accordance with the Uniform Conditions of Carriage applicable in the province of origin. Unless a higher value is declared in writing by the Shipper on the Bill of Lading and accepted by the Carrier (subject to any applicable additional valuation charge), the Carrier's maximum liability shall not exceed $2.00 per pound ($4.41 per kilogram) computed on the total weight of the lost or damaged shipment, or the actual value of the goods, whichever is less.

In no event shall the Carrier be liable for any indirect, incidental, special or consequential damages — including loss of profits, loss of market or business interruption — even if advised of the possibility of such damages.

All claims for loss, damage or delay must be filed with the Carrier in writing. Notice of claim for loss or damage must be provided within sixty (60) days of delivery of the shipment or, in the case of non-delivery, within nine (9) months from the date the shipment should have been delivered. Claims must include the Bill of Lading, proof of value and particulars of the loss or damage. No action or proceeding may be commenced against the Carrier unless the written claim requirements of this section have been satisfied and the action is commenced within the limitation period prescribed by applicable law.

The Shipper is solely responsible for:

• Proper packaging, marking and labelling of goods to withstand the ordinary rigours of transportation;
• Accurate and complete description of the goods on the Bill of Lading, including weight and dimensions;
• Declaring any value in excess of the standard limitation in writing, prior to pickup;
• Providing accurate customs documentation and information required for cross-border shipments;
• Ensuring loading and securement performed by the Shipper or its agents meets applicable cargo securement standards;
• Compliance with all applicable laws and regulations relating to the goods tendered.

The Carrier shall not be liable for loss, damage or delay caused by: acts of God; acts of public enemies, war, terrorism or civil commotion; inherent vice or nature of the goods; acts or omissions of the Shipper, consignee or their agents, including improper packaging, loading or description; labour disputes or stoppages; authority of law, quarantine or government action; or delays caused by weather, road conditions, border inspections or customs examinations beyond the Carrier's reasonable control.

If a consignee refuses a shipment, cannot be located, or fails to take delivery, the Carrier will notify the Shipper and may place the goods in storage at the Shipper's sole cost and risk, acting as warehouseman. Storage charges accrue at the Carrier's prevailing rates. If no disposition instructions are received within sixty (60) days of notice, the Carrier may sell the goods at public or private sale, applying the proceeds first to accrued freight, storage and sale expenses, as permitted by applicable law.

Unless otherwise agreed in writing, freight and accessorial charges are due within thirty (30) days of the invoice date. Overdue amounts may accrue interest at a rate of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is less. The Shipper shall not set off, deduct or withhold any amounts against freight charges on account of claims or disputes; claims will be handled in accordance with the Claims Procedures section of these Terms. The Carrier shall have a lien on the shipment for all freight and related charges as permitted by applicable law.

The Carrier maintains liability insurance as required by applicable law, including $750,000 BIPD (bodily injury and property damage) coverage, and cargo insurance appropriate to the freight it transports. Certificates of insurance are available to shippers and brokers upon request. Insurance coverage does not increase the Carrier's limitation of liability set out in the Limitation of Liability section of these Terms.

Shipments moving between Canada and the United States are subject to the laws and regulations of both countries, including the requirements of the Canada Border Services Agency (CBSA), U.S. Customs and Border Protection (CBP) and the Federal Motor Carrier Safety Administration (FMCSA). The Shipper is responsible for providing complete and accurate customs documentation, including commercial invoices, certificates of origin and any required permits. The Carrier files ACI eManifest for each crossing; delays arising from customs examinations, holds or incomplete Shipper documentation are not the Carrier's responsibility.

The Carrier operates in full compliance with the Commercial Vehicle Drivers Hours of Service Regulations (SOR/2005-313), the mandatory use of certified Electronic Logging Devices (ELDs), the National Safety Code, all applicable provincial requirements across Canada, and all FMCSA regulations when operating in the United States (USDOT 4163476, MC 1600290). Hours of Service limitations are a matter of law and safety and shall not be overridden by any delivery schedule; transit times quoted are estimates that presume lawful operation.

The Carrier is not authorized to transport hazardous materials, dangerous goods or any freight requiring placarding under the Transportation of Dangerous Goods Regulations (Canada) or 49 CFR (United States). The Shipper shall not tender, and shall ensure that no shipment contains, any hazardous materials or dangerous goods. Any such goods tendered without disclosure may be refused, removed or disposed of at the Shipper's sole cost and risk, and the Shipper shall indemnify the Carrier for all resulting loss, fines and expense.

The Carrier reserves the right, in its sole discretion, to refuse, hold or return any load that does not meet safety, legal or regulatory requirements, that exceeds lawful weight or dimension limits, that is improperly packaged or described, or that would require the Carrier or its drivers to operate in violation of Hours of Service or any other applicable regulation.

The Carrier may subcontract all or part of the carriage to qualified, licensed and insured carriers, including affiliated or partner carriers. The Carrier remains responsible for the shipment under these Terms, and any subcontractor is entitled to the benefit of every protection, defence and limitation available to the Carrier under these Terms.

The Shipper shall indemnify, defend and hold harmless the Carrier, its drivers, agents and subcontractors from and against all claims, losses, fines, penalties and expenses (including reasonable legal fees) arising from: the Shipper's breach of these Terms; inaccurate or incomplete shipment information or customs documentation; improper packaging, loading or securement by the Shipper or its agents; or the tender of prohibited, hazardous or illegal goods.

During the performance of services and for twelve (12) months thereafter, no shipper, broker or consignee shall, directly or indirectly, solicit for employment or engagement any driver, dispatcher or employee of the Carrier involved in the performance of services, without the Carrier's prior written consent.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect. The Carrier's failure to insist on strict performance of any provision shall not constitute a waiver of that or any other provision.

These Terms, together with the Bill of Lading and any written rate confirmation, constitute the entire agreement between the parties respecting the shipment and supersede all prior discussions and understandings. The Carrier may update these Terms from time to time; the version in effect on the date the shipment is tendered applies. No modification of these Terms is binding unless made in writing and signed by an officer of the Carrier.

These Terms and any contract of carriage with the Carrier are governed by and construed in accordance with the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The parties attorn to the exclusive jurisdiction of the courts of the Province of Alberta.

Questions regarding these Terms may be directed to: Majha Wala Transportation Inc., Unit 401, 2624 Mill Woods Road East NW, Edmonton, AB T6L 5K7, Canada · Phone: (269) 325-1241 · (647) 375-6899 · Email: dispatch@mwtransport.ca

Related entity: Ocean to Ocean Holding Ltd (brokerage).