Client Terms & Conditions

NEWMARKET EQUIPMENT INC.

CUSTOMER SERVICE TERMS AND CONDITIONS

Effective Date: July 1, 2023
Last Updated: August 1, 2026

These Customer Service Terms and Conditions (“Terms”) govern the use of transportation, logistics, freight management, brokerage, warehousing, intermodal, cross-border, and other related services provided or arranged by Newmarket Equipment Inc. (“Newmarket Equipment”).

For the purposes of these Terms, “Customer,” “you,” and “your” mean the individual, company, organization, shipper, consignor, consignee, beneficial cargo owner, or other party requesting, ordering, tendering, or receiving services from Newmarket Equipment.

 

1. APPLICATION AND ACCEPTANCE OF TERMS

Subject to the terms of any applicable separately executed written agreement between the parties, these Terms govern:

• Your access to and use of Newmarket Equipment’s website;

• All requests for quotations;

• All transportation or logistics services ordered from or arranged by Newmarket Equipment;

• All goods tendered for transportation through Newmarket Equipment; and

• All related services provided or arranged by Newmarket Equipment.

By accessing or using Newmarket Equipment’s website, requesting or accepting a quotation, placing an order for services, booking a shipment, tendering freight, permitting freight to be tendered on your behalf, or otherwise using transportation or logistics services provided or arranged by Newmarket Equipment, Customer acknowledges and agrees that:

1. Customer has had the opportunity to review these Terms;

2. Customer understands and agrees to be legally bound by these Terms;

3. The individual placing the order, booking the shipment, or tendering the freight represents that they have authority to bind Customer;

4. Acceptance of a Newmarket Equipment quotation, booking, transportation service, or shipment constitutes acceptance of these Terms as posted on Newmarket Equipment’s website;

5. These Terms are incorporated into and form part of all applicable quotations, confirmations, Bills of Lading, transportation instructions, and service arrangements; and

6. No separate handwritten or electronic signature is required for these Terms to apply to the extent permitted by applicable law.

If Customer does not agree to these Terms, Customer must not order, book, tender, or use Newmarket Equipment’s services.

 

2. CHANGES TO TERMS

Newmarket Equipment may amend or update these Terms from time to time.

Unless otherwise required by applicable law or agreed in writing, the version posted on Newmarket Equipment’s website at the time the applicable service is booked or accepted shall govern that service.

Customer is responsible for reviewing the current Terms before requesting or accepting services.

 

3. NEWMARKET EQUIPMENT’S SERVICES

Newmarket Equipment provides and/or arranges transportation and logistics services, which may include:

• Full Truckload (“FTL”);

• Less-Than-Truckload (“LTL”);

• Flatbed and specialized transportation;

• Oversized and over-dimensional transportation;

• Bulk transportation;

• Cross-border transportation;

• Warehousing and third-party logistics;

• Intermodal transportation;

• International freight;

• Expedited transportation;

• Hazardous Materials and Dangerous Goods transportation, where specifically accepted;

• Brokerage and freight-management services; and

• Other transportation or logistics services agreed upon in writing.

Depending on the shipment and service requested, transportation may be performed by Newmarket Equipment directly or arranged through qualified independent third-party motor carriers or service providers.

 

4. THIRD-PARTY CARRIERS AND SERVICE PROVIDERS

Where Newmarket Equipment arranges transportation through an independent third-party motor carrier, that carrier operates under its own authority and is responsible for the physical transportation of the freight.

The inclusion of Newmarket Equipment’s name on a Bill of Lading, shipping label, freight document, or other transportation record does not by itself establish that Newmarket Equipment is acting as the physical motor carrier for that shipment.

Nothing in these Terms shall alter the legal capacity in which Newmarket Equipment is acting for a particular shipment where that capacity is otherwise established by law or written agreement.

 

CUSTOMER OBLIGATIONS

5. ACCURATE SHIPMENT INFORMATION

Customer shall provide Newmarket Equipment with complete, accurate, and timely information necessary to quote, arrange, and perform transportation services.

Customer shall disclose all applicable information, including:

• Complete pickup address;

• Complete delivery address;

• Shipper and consignee contact information;

• Pickup and delivery dates and times;

• Appointment requirements;

• Number of pieces, skids, pallets, crates, containers, or units;

• Accurate weight;

• Accurate dimensions;

• Commodity description;

• Freight classification, where applicable;

• Declared value, where applicable;

• Temperature-control requirements;

• Special loading or unloading requirements;

• Equipment requirements;

• Dangerous Goods or Hazardous Materials classification;

• Oversized or overweight dimensions;

• Security requirements;

• Customs information;

• Accessorial requirements; and

• Any other information that may affect transportation, handling, pricing, or regulatory compliance.

Customer is responsible for any additional charges, delays, fines, penalties, claims, or expenses resulting from inaccurate, incomplete, misleading, or omitted shipment information.

 

6. PICKUP AND DELIVERY REQUIREMENTS

Customer shall communicate all required pickup and delivery times, appointments, access restrictions, facility hours, and other service requirements to Newmarket Equipment in writing before transportation is arranged.

Unless expressly guaranteed in writing by Newmarket Equipment, pickup and delivery dates and times are estimates and are subject to transportation conditions, equipment availability, weather, traffic, border delays, regulatory requirements, and other circumstances beyond Newmarket Equipment’s reasonable control.

 

7. BILL OF LADING AND SHIPPING DOCUMENTATION

Customer shall provide a complete and accurate Bill of Lading and all other required shipping documentation.

The Bill of Lading should contain, where applicable:

• Shipper’s full legal name and address;

• Consignee’s full legal name and address;

• Contact telephone numbers;

• Billing instructions;

• Number of pieces or handling units;

• Shipment weight;

• Dimensions;

• Commodity description;

• Freight classification;

• Appointment information;

• Special delivery instructions;

• Handling requirements;

• Storage requirements;

• Security requirements;

• Dangerous Goods or Hazardous Materials information; and

• Any other information required by law or reasonably required for transportation.

Customer is responsible for ensuring all shipping documents are accurate and complete.

 

8. PACKAGING AND TRANSIT-WORTHINESS

Customer represents and warrants that all goods tendered for transportation are properly packaged, prepared, marked, secured, and otherwise suitable to withstand the ordinary rigours of transportation.

Customer is responsible for ensuring that:

• Packaging is appropriate for the commodity;

• Pallets, crates, containers, drums, cartons, or other packaging are structurally adequate;

• Freight is properly secured where Customer is responsible for loading;

• All goods are accurately identified;

• Fragile or sensitive goods are appropriately protected;

• Temperature-sensitive goods are properly prepared;

• Hazardous or Dangerous Goods are properly packaged, labelled, documented, and declared; and

• Freight complies with all applicable transportation laws and regulations.

Newmarket Equipment shall not be responsible for loss or damage caused by inadequate packaging, improper preparation, concealed damage, inherent vice, improper loading by Customer, or inaccurate shipment information to the extent permitted by law.

 

9. COMPLIANCE WITH LAW

Customer warrants that all goods tendered for transportation comply with applicable Canadian and United States federal, provincial, state, municipal, customs, security, health, safety, environmental, and transportation laws.

Customer is responsible for complying with requirements applicable to its goods, including those relating to:

• Canadian and U.S. Customs;

• Import and export requirements;

• Health Canada;

• U.S. Food and Drug Administration;

• Dangerous Goods;

• Hazardous Materials;

• Controlled commodities;

• Food and pharmaceutical products;

• Customs documentation;

• Marking and labelling;

• Packaging;

• Security;

• Sanctions and restricted goods; and

• Other applicable laws and regulatory requirements.

Customer shall not tender illegal, prohibited, restricted, hazardous, or dangerous goods without fully disclosing their nature and obtaining Newmarket Equipment’s prior acceptance.

 

RATES, QUOTATIONS & BILLING

10. QUOTATIONS

All quotations are based on shipment information provided by Customer.

Unless otherwise stated in writing, quotations are subject to:

• Equipment availability;

• Carrier availability;

• Market conditions;

• Fuel costs;

• Accurate shipment weight and dimensions;

• Commodity information;

• Route availability;

• Accessorial requirements;

• Regulatory requirements;

• Applicable taxes; and

• Any other assumptions stated in the quotation.

A quotation may be revised if the actual shipment differs from the information provided when the quotation was issued.

 

11. EQUIPMENT AVAILABILITY

All quotations, booking requests, and transportation arrangements are subject to equipment and carrier availability unless Newmarket Equipment expressly guarantees equipment availability in writing.

Submission of a booking request does not constitute a guarantee that equipment will be available.

 

12. CHANGES TO SHIPMENT INFORMATION

Freight charges may be adjusted if shipment details change or are determined to be inaccurate.

Adjustments may apply where there are changes to:

• Weight;

• Dimensions;

• Density;

• Freight class;

• Number of pieces;

• Commodity;

• Pickup or delivery location;

• Appointment requirements;

• Equipment requirements;

• Accessorial services;

• Customs requirements;

• Oversized or overweight status; or

• Other information relevant to the transportation service.

Customer is responsible for the corrected or adjusted charges.

 

13. ACCESSORIAL CHARGES

Additional charges may apply for services or conditions beyond standard transportation.

These may include:

• Detention;

• Layover;

• Driver waiting time;

• Truck Ordered Not Used (“TONU”);

• Additional stops;

• Re-delivery;

• Storage;

• Lumper charges;

• Driver assistance;

• Inside delivery;

• Residential delivery;

• Limited-access pickup or delivery;

• Tailgate service;

• Tarping;

• Permits;

• Pilot or escort vehicles;

• Scale charges;

• Border or customs delays;

• After-hours service;

• Weekend or holiday service;

• Appointment changes; and

• Other accessorial services.

Accessorial charges may apply whether or not they were identified on the original Bill of Lading where the service was necessary to complete the shipment.

 

14. WEIGHT, DIMENSIONS AND DENSITY

Customer is responsible for accurately declaring freight weight and dimensions.

Where the actual shipment weight, dimensions, freight class, density, or floor space differs from information supplied by Customer, Newmarket Equipment may adjust charges to reflect the actual shipment characteristics.

LTL or density-based shipments may be subject to dimensional weight, cubic capacity, linear-foot, minimum-density, or other applicable carrier rating rules.

 

15. TAXES

All rates and quotations are exclusive of applicable taxes unless expressly stated otherwise.

Customer shall be responsible for all applicable GST, HST, QST, sales taxes, duties, customs charges, governmental assessments, and other taxes applicable to the services provided.

 

PAYMENT TERMS

16. CUSTOMER PAYMENT – NET 30

Where credit has been approved by Newmarket Equipment, Customer shall pay all properly invoiced charges within thirty (30) days (Net 30) from the invoice date unless different payment terms have been expressly agreed upon in writing.

Customer is responsible for all freight charges, accessorial charges, taxes, duties, fees, costs, and other amounts incurred through Customer’s account or by persons authorized to act on Customer’s behalf.

Except where prohibited by applicable law, freight invoices shall remain payable notwithstanding a separate cargo claim, service dispute, overcharge claim, or other dispute.

Customer shall not offset freight invoices against cargo claims or unrelated amounts without Newmarket Equipment’s written authorization.

 

17. CREDIT

Any extension of credit is subject to approval by Newmarket Equipment.

Newmarket Equipment may:

• Establish or modify credit limits;

• Request updated credit information;

• Require deposits or prepayment;

• Suspend credit privileges;

• Change payment terms; or

• Require payment before providing additional services,

where reasonably necessary based on Customer’s payment history, creditworthiness, or account status.

 

18. LATE PAYMENT AND COLLECTION COSTS

To the extent permitted by law, overdue balances may be subject to interest and/or reasonable collection charges as stated on Newmarket Equipment’s invoice, Credit Application, quotation, or other written agreement.

Customer shall be responsible for reasonable costs incurred by Newmarket Equipment in collecting overdue amounts, including collection agency costs and reasonable legal expenses, where permitted by applicable law.

 

CARGO LIABILITY

19. CARGO ORIGINATING IN CANADA

Carrier liability for cargo loss or damage arising from transportation originating in Canada shall generally be determined under the applicable provincial legislation, prescribed Uniform Bill of Lading conditions, contractual terms, or common law.

Where applicable provincial Uniform Conditions of Carriage establish a limitation based on cargo weight, Carrier liability may be limited unless Customer has properly declared a higher value in accordance with applicable law and the applicable carrier’s requirements.

Customer should notify Newmarket Equipment before shipment where the cargo value exceeds standard carrier liability limits.

 

20. DECLARED VALUE – CANADIAN SHIPMENTS

Customer may request a declaration of value for a shipment where permitted by applicable law and accepted by the applicable carrier.

Any declared value must be communicated in writing before the applicable carrier accepts the shipment and must be properly entered on the Bill of Lading or other required transportation document.

A declaration of value may result in additional freight or valuation charges, which shall be payable by Customer.

A declared value is not the same as cargo insurance unless expressly stated otherwise.

 

21. CARGO ORIGINATING IN THE UNITED STATES

Carrier liability for cargo loss or damage arising from transportation originating in the United States may be governed by the Carmack Amendment, 49 U.S.C. §14706, where applicable.

Certain carriers may lawfully limit cargo liability through tariffs, contracts, released-value provisions, or other applicable rules.

Customer is responsible for advising Newmarket Equipment where the value of its goods may exceed applicable carrier liability limits.

 

22. HIGH-VALUE SHIPMENTS

Customer shall disclose the value of any unusually valuable shipment before booking transportation.

Newmarket Equipment may require:

• A declared value;

• Additional cargo coverage;

• Special security arrangements;

• Written carrier approval;

• Additional charges; or

• Other conditions

before accepting or arranging transportation of high-value goods.

Failure to disclose the high value of a shipment may affect the amount recoverable in the event of cargo loss or damage.

 

CARGO CLAIMS

23. VISIBLE DAMAGE AND SHORTAGES

Customer shall ensure that the consignee inspects freight at delivery.

Any visible damage, shortage, tampering, or irregularity should be clearly noted on the Proof of Delivery before the delivery receipt is signed.

Customer should notify Newmarket Equipment immediately upon discovering cargo damage or shortage.

Failure to note visible damage or shortage at delivery may affect Customer’s ability to establish a cargo claim.

 

24. CONCEALED DAMAGE

Where damage is discovered after delivery, Customer shall notify Newmarket Equipment as soon as possible and preserve:

• The goods;

• Original packaging;

• Pallets or crates;

• Photographs;

• Delivery documentation; and

• Other evidence relevant to the claim.

Customer shall not dispose of damaged goods or packaging where inspection may reasonably be required.

 

25. CLAIM FILING DEADLINES

Cargo claims are subject to strict legal and contractual filing deadlines.

For Canadian-origin shipments, applicable legislation or carriage conditions may prescribe shorter claim periods.

For U.S.-origin shipments, applicable law and carrier rules may provide different claim-filing periods.

Customer is responsible for submitting complete claim documentation within the applicable deadline.

Customer should contact Newmarket Equipment promptly following any loss or damage so the applicable filing deadline can be identified.

 

INDEMNIFICATION

26. CUSTOMER INDEMNITY

To the extent permitted by law, Customer agrees to defend, indemnify, and hold harmless Newmarket Equipment, its affiliates, directors, officers, employees, contractors, representatives, agents, successors, and assigns against claims, liabilities, damages, losses, fines, penalties, costs, and reasonable legal expenses arising from or related to:

• Customer’s breach of these Terms;

• Customer’s negligence, wilful misconduct, or fraud;

• Inaccurate or incomplete shipment information;

• Improper packaging, preparation, marking, labelling, or loading;

• Undeclared Dangerous Goods or Hazardous Materials;

• Customer’s violation of applicable law;

• Customs or regulatory violations caused by Customer information or actions;

• Customer’s misuse of Newmarket Equipment’s website or services; or

• Information or documentation supplied by Customer.

This provision shall not apply to the extent the applicable claim is directly caused by Newmarket Equipment’s negligence or wrongful conduct.

 

LIMITATION OF LIABILITY

27. NEWMARKET EQUIPMENT LIABILITY

Subject to mandatory applicable law and any separate written agreement, Newmarket Equipment’s aggregate liability arising from or relating to a particular shipment or service shall not exceed CAD $100,000.

This limitation does not increase or replace any lower cargo-liability limitation legally applicable to the motor carrier physically transporting the shipment.

Where Customer requires additional protection, Customer should request increased carrier liability, declared-value treatment, cargo insurance, or other coverage before transportation begins.

 

28. CONSEQUENTIAL AND INDIRECT DAMAGES

To the fullest extent permitted by applicable law, Newmarket Equipment shall not be liable for consequential, indirect, special, incidental, exemplary, or punitive damages arising from the provision or failure to provide transportation or logistics services.

This exclusion includes, without limitation:

• Loss of profits;

• Loss of revenue;

• Loss of market;

• Loss of use;

• Loss of production;

• Loss of business opportunities;

• Loss of goodwill;

• Business interruption; and

• Consequential costs arising from delay.

This provision applies whether the claim arises in contract, negligence, tort, statute, or otherwise, subject to mandatory applicable law.

 

FORCE MAJEURE

29. EVENTS BEYOND REASONABLE CONTROL

Newmarket Equipment shall not be considered in breach of its obligations where performance is prevented, interrupted, or delayed by circumstances beyond its reasonable control.

Such circumstances may include:

• Severe weather;

• Natural disasters;

• Fires;

• Floods;

• War;

• Civil disturbance;

• Terrorism;

• Strikes or labour disruptions;

• Government actions;

• Border closures;

• Road closures;

• Accidents;

• Equipment failures not reasonably preventable;

• Epidemics or pandemics;

• Carrier capacity shortages;

• Infrastructure disruptions; or

• Similar circumstances beyond reasonable control.

Performance obligations affected by such circumstances shall be suspended for the duration of the event to the extent reasonably necessary.

 

PERSONAL INFORMATION & PRIVACY

30. CUSTOMER INFORMATION

Customer shall only provide personal information to Newmarket Equipment where Customer has the legal authority to provide that information.

Where consent is required under applicable privacy law, Customer represents that it has obtained the necessary consent permitting Newmarket Equipment and its service providers to use that information for the purposes of arranging and performing transportation and logistics services.

Customer shall not knowingly provide personal information in violation of applicable privacy laws.

 

31. PRIVACY POLICY

Customer’s use of Newmarket Equipment’s website and services is also subject to Newmarket Equipment’s applicable Privacy Policy.

By using the website or services, Customer acknowledges that information may be collected, used, stored, transferred, and disclosed as reasonably necessary to:

• Process quotations;

• Arrange transportation;

• Communicate with shippers and receivers;

• Perform customs and compliance functions;

• Administer Customer accounts;

• Process invoices and payments;

• Manage cargo claims;

• Improve services; and

• Satisfy legal and regulatory obligations.

 

GENERAL TERMS

32. QUOTATIONS AND ORDER OF PRECEDENCE

Each quotation, booking confirmation, Rate Confirmation, service agreement, or other shipment-specific written document issued by Newmarket Equipment shall form part of the agreement governing the applicable service.

Where a shipment-specific quotation or written agreement expressly conflicts with these Terms, the shipment-specific written term shall govern the applicable service to the extent of the conflict.

 

33. INDEPENDENT CONTRACTOR

Newmarket Equipment is an independent contractor.

Nothing in these Terms creates an agency, partnership, joint venture, employment, fiduciary, or other joint-enterprise relationship between Customer and Newmarket Equipment unless expressly agreed in writing.

 

34. SEVERABILITY

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision shall be limited or severed to the minimum extent required.

The remaining provisions shall continue in full force and effect.

Headings are included for convenience and shall not affect interpretation.

 

35. NO WAIVER

Failure by Newmarket Equipment to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Any waiver must be expressly provided in writing.

 

36. GOVERNING LAW AND JURISDICTION

These Terms and the services provided or arranged by Newmarket Equipment shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, except where mandatory transportation law of another jurisdiction applies to a specific shipment.

Subject to mandatory statutory jurisdiction, Customer agrees to submit any dispute arising from these Terms or Newmarket Equipment’s services to the courts of the Province of Ontario, Canada.

 

37. WEBSITE ACCEPTANCE AND BINDING AGREEMENT

Customer expressly acknowledges and agrees that a separate handwritten or electronic signature is not required for these Customer Service Terms and Conditions to apply, to the extent permitted by law.

By:

• Requesting a quotation;

• Accepting a quotation;

• Booking transportation;

• Providing shipment instructions;

• Tendering freight;

• Allowing freight to be tendered on Customer’s behalf;

• Accessing transportation services;

• Receiving services; or

• Otherwise engaging Newmarket Equipment to provide or arrange transportation or logistics services,

Customer:

1. Acknowledges that these Terms are available on Newmarket Equipment’s website;

2. Confirms that Customer has had an opportunity to review these Terms;

3. Agrees to be legally bound by these Terms;

4. Confirms that the individual ordering or accepting the applicable services has authority to bind Customer;

5. Agrees that these Terms are incorporated into the applicable quotation, booking confirmation, Bill of Lading, shipment instruction, and service arrangement; and

6. Agrees that each subsequent booking shall be subject to the version of these Terms in effect at the time the service is accepted.

IF CUSTOMER DOES NOT AGREE TO THESE TERMS AND CONDITIONS, CUSTOMER MUST NOT BOOK, TENDER, REQUEST, ACCEPT, OR USE TRANSPORTATION OR LOGISTICS SERVICES PROVIDED OR ARRANGED BY NEWMARKET EQUIPMENT INC.

 

38. CONTACT

Questions regarding these Customer Service Terms and Conditions should be directed to:

Newmarket Equipment Inc.
Ontario, Canada

Customer Service / Operations

Please refer to the Contact section of the Newmarket Equipment Inc. website for current telephone and email information.

 

USE OF NEWMARKET EQUIPMENT SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS

By requesting, booking, accepting, or using transportation or logistics services provided or arranged by Newmarket Equipment Inc., Customer agrees to the Customer Service Terms and Conditions posted on the Newmarket Equipment website and applicable at the time the service is booked.

Customer Payment Terms: Net 30 Days, subject to approved credit.

Effective Date: July 1, 2023
Last Updated: August 1, 2026