Terms of Service

What services do these terms cover?

These terms apply to all services provided by Makutuu including: LTL and FTL cross-border freight transport, customs brokerage and clearance, international freight forwarding, dangerous goods handling, warehousing and cross-docking, and any advisory or documentation services related to cross-border cargo movement. Each engagement may also be governed by a separate service agreement or transport document; in case of conflict, the specific service agreement prevails.

What are your responsibilities as a shipper?

You are responsible for providing accurate and complete information about your cargo, including correct commodity descriptions, weights, dimensions, values, and any applicable hazardous material classifications. You warrant that goods tendered to Makutuu are legally permitted to cross the relevant border under all applicable laws. Inaccurate declarations can result in delays, fines, seizure, or legal liability, for which Makutuu cannot accept responsibility. You are also responsible for ensuring goods are adequately packaged for international transport.

How are freight rates and payment terms structured?

Freight rates are provided by written quotation and are valid for the period stated in the quotation. Final invoices may differ from estimates where actual cargo dimensions, weights, or customs duties differ from those declared at quoting. Payment terms are net 15 days from invoice date for established accounts. New clients are required to pay prior to cargo release. We reserve the right to place a lien on cargo for unpaid freight charges.

What is Makutuu's liability for loss or damage?

For domestic Canadian transport, liability is governed by the applicable provincial carrier liability legislation. For cross-border transport, liability is governed by the terms of the transport documents and applicable international conventions. Makutuu's maximum liability for loss or damage is limited to CAD $2.00 per kilogram of affected cargo unless a higher declared value has been agreed in writing prior to transport and an additional valuation charge has been paid. Makutuu is not liable for delays caused by customs inspection, weather, road closures, or other events outside our reasonable control.

What cargo will Makutuu not transport?

Makutuu does not accept cargo that is prohibited under Canadian export controls, US import prohibitions, or destination country restrictions. We do not accept shipments of currency, bearer instruments, firearms without proper export permits, controlled substances, counterfeit goods, or any cargo whose transport would violate applicable sanctions regimes. Dangerous goods are accepted only where advance written arrangements have been made and all TDG/IATA requirements are met.

How are customs duties and taxes handled?

Unless otherwise agreed in writing, duties, taxes, and customs examination fees payable in the destination country are for the account of the shipper or consignee as specified in the shipping instructions. Makutuu will advance duty payments on your behalf where a credit account has been established; these advances are invoiced separately and are due immediately. Makutuu is not liable for duty assessments resulting from information you provided that proves to be inaccurate.

What law governs these terms?

These terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any dispute arising from these terms or our services that cannot be resolved by negotiation will be submitted to binding arbitration under the rules of the BC International Commercial Arbitration Centre (BCICAC), with proceedings conducted in Vancouver, British Columbia.

Can Makutuu change these terms?

We may update these terms from time to time. The date at the top of this page will reflect the latest revision. For ongoing service engagements, changes take effect 30 days after posting unless you notify us of an objection in writing within that period. Your continued use of our services after the 30-day period constitutes acceptance of the revised terms.

How do I raise a dispute or claim?

Claims for loss or damage must be submitted in writing within 60 days of the delivery date (or the expected delivery date for lost cargo). Claims should be sent to [email protected] with supporting documentation including the original shipping instructions, photographs of damage where applicable, and a commercial invoice. We aim to acknowledge all claims within 5 business days and reach a resolution within 30 days.