Please read these Terms and Conditions (“Terms”) carefully before using the services or website of Mc'larry Express Inc.(“we,” “our,” or “us”). By booking a shipment, engaging our services, or accessing our website at www.mclarryexpress.com, you (“Customer,” “you,” or “your”) agree to be bound by these Terms.
These Terms constitute a legally binding agreement between you and Mc'larry Express Inc. If you do not agree to these Terms, you must not use our services or website.
1. About Us
Mc'larry Express Inc. is a premium final-mile carrier operating across Ottawa, Montreal, and the Greater Toronto Area. We offer services including White Glove Delivery, final-mile delivery, less-than-truckload (LTL), warehousing, sea cargo, and air cargo.
Our registered business operates in Canada and is subject to applicable federal and provincial laws governing transportation and logistics services.
2. Services
2.1 Scope of Services
We provide logistics and delivery services as described on our website and in any applicable service agreement or quote issued to you. The specific scope, pricing, and timelines for your shipment are governed by the details confirmed at the time of booking.
2.2 Service Availability
Our services are available within our designated service areas. We reserve the right to decline any shipment request at our sole discretion, including where a shipment contains prohibited items, presents a safety concern, or falls outside our operational capacity.
3. Bookings and Orders
3.1 Booking Confirmation
A booking is confirmed only upon written or electronic acknowledgment from Mc'larry Express Inc. We reserve the right to refuse or cancel a booking prior to confirmation without liability.
3.2 Accuracy of Information
You are responsible for providing accurate and complete shipment information, including pickup and delivery addresses, contact details, package dimensions, weight, and declared value. We are not liable for delays, losses, or additional charges arising from inaccurate information provided by you.
3.3 Changes and Cancellations
Requests to modify or cancel a confirmed booking must be made in writing as early as possible. Cancellation or change fees may apply depending on the stage of service fulfillment. We will advise you of any applicable charges before processing a change.
4. Prohibited Items
The following items are strictly prohibited from shipment through Mc'larry Express Inc.:
- Hazardous, flammable, explosive, or radioactive materials (unless pre-approved and compliant with applicable regulations)
- Illegal or controlled substances
- Live animals
- Perishable goods not disclosed at time of booking
- Currency, negotiable instruments, or precious metals (unless by prior written agreement)
- Any item whose transport is prohibited under applicable Canadian or international law
We reserve the right to refuse, open, inspect, or return any shipment we reasonably believe contains prohibited items. You will be responsible for all costs, damages, and liabilities arising from the shipment of prohibited items.
5. Pricing and Payment
5.1 Rates and Quotes
All rates and quotes are provided in Canadian dollars and are valid for the period specified. Quotes are based on the information provided at time of inquiry. Final charges may differ if actual shipment details vary from those quoted.
5.2 Additional Charges
Additional charges may apply for services including but not limited to: re-delivery attempts, address corrections, wait time, storage, special handling, stair carries, and long-carry fees. We will make reasonable efforts to advise you of such charges in advance.
5.3 Payment Terms
Payment is due as specified in your invoice or service agreement. We reserve the right to charge interest on overdue accounts at a rate of 2% per month (24% per annum) or the maximum rate permitted by law, whichever is less. We also reserve the right to suspend services for accounts with outstanding balances.
5.4 Taxes
All applicable taxes, including HST/GST, will be added to invoices as required by law. You are responsible for any applicable duties or customs charges on cross-border shipments.
6. Liability and Claims
6.1 Limitation of Liability
Our liability for loss, damage, or delay of any shipment is limited to the lesser of: (a) the actual value of the goods at the time of shipment; or (b) $2.00 CAD per kilogram of the affected goods, unless a higher declared value has been agreed upon in writing and any applicable additional charges have been paid.
We are not liable for indirect, consequential, special, or punitive damages of any kind, including loss of revenue, loss of profits, or loss of business opportunity, regardless of whether we were advised of the possibility of such damages.
6.2 Exclusions
We are not liable for loss or damage arising from:
- Circumstances beyond our reasonable control, including acts of God, weather events, strikes, or government actions
- Inherent defects or fragility of the goods
- Inadequate packaging by the Customer or sender
- Inaccurate or incomplete shipment information provided by you
- Seizure or detention by customs or government authorities
- Shipment of prohibited items
6.3 Filing a Claim
All claims for loss or damage must be submitted in writing using our Claims Form within 14 days of the delivery date (or, in the case of non-delivery, within 14 days of the expected delivery date). Claims submitted after this period may not be accepted. We will acknowledge receipt of your claim within 5 business days and aim to resolve it within 30 days.
7. Delivery
7.1 Delivery Timelines
Estimated delivery timelines are provided as a guide only and are not guaranteed unless expressly confirmed in writing. We are not liable for delays caused by factors outside our control.
7.2 Proof of Delivery
Delivery is considered complete upon obtaining a signature from the recipient or an authorized person at the delivery address. Where signature is not required or obtained, delivery completion is confirmed by our driver's electronic record.
7.3 Failed Delivery
If a delivery cannot be completed due to no one being available at the address, an incorrect address, or refusal to accept the shipment, we will make reasonable efforts to contact you. Additional re-delivery charges may apply. Goods that remain undeliverable after a reasonable period may be returned to the sender or disposed of at our discretion, with all associated costs charged to the Customer.
8. Warehousing
Where warehousing services are provided, goods are stored at your risk unless loss or damage is directly caused by our negligence. We are not responsible for deterioration of goods due to their nature, inadequate packaging, or pre-existing condition. Storage rates and terms will be specified in your service agreement. We reserve the right to charge additional fees for goods stored beyond the agreed period.
9. Customer Obligations
As a Customer, you agree to:
- Provide accurate and complete shipment information at the time of booking
- Ensure goods are adequately and appropriately packaged for transport
- Comply with all applicable laws regarding the shipment of your goods
- Ensure a responsible adult is available to receive delivery at the agreed time
- Pay all invoices by the due date
- Notify us promptly of any changes to your contact or delivery information
10. Intellectual Property
All content on our website — including text, logos, graphics, images, and software — is the property of Mc'larry Express Inc. or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or use any of our content without our prior written consent.
11. Website Use
You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of others. You must not attempt to gain unauthorized access to any part of our website or systems, introduce malicious code, or use our website to transmit unsolicited communications.
We reserve the right to suspend or terminate access to our website at any time without notice.
12. Privacy
Our collection, use, and disclosure of personal information is governed by our Privacy Policy, available at www.mclarryexpress.com/privacy-policy. By using our services, you consent to the practices described in that policy.
13. Indemnification
You agree to indemnify, defend, and hold harmless Mc'larry Express Inc., its officers, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: your breach of these Terms; inaccurate information provided by you; shipment of prohibited items; or your violation of any applicable law or third-party rights.
14. Force Majeure
We are not liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, extreme weather, pandemic, power failure, labor disputes, government orders, or disruptions to transportation infrastructure. We will make reasonable efforts to resume services as soon as practicable.
15. Governing Law and Disputes
These Terms are governed by the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflict of law principles.
Any dispute arising out of or in connection with these Terms or our services shall first be subject to good-faith negotiation between the parties. If a dispute cannot be resolved informally within 30 days, it shall be submitted to binding arbitration in Ottawa, Ontario, in accordance with the Arbitration Act, 1991 (Ontario), unless both parties agree otherwise in writing.
Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.
16. Changes to These Terms
We may update these Terms from time to time. Updated Terms will be posted on our website with a revised effective date. Your continued use of our services after the posting of updated Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically.
17. Contact Us
If you have any questions about these Terms and Conditions, please contact us:
| Company | Mc’larry Express Inc. |
| info@mclarryexpress.com | |
| Phone | 343-488-3330 |
| Website | www.mclarryexpress.com |
| Areas served | Ottawa • Montreal • Greater Toronto Area |