Terms & Conditions
Section 1. Agreement.
a. You (hereinafter referred to as "You", "Your", "Customer", or "Participant") agree that the terms and conditions provided in this agreement ("Agreement") govern Your participation in this promotional pricing program ("Program"). Your acceptance of this Agreement as described above also constitutes agreement to the Program terms, as set out in this Agreement, on behalf of the entity with which You are employed or represent, if the participating account number is a business or organizational account. When used in this Agreement, the name "FedEx" shall mean and include Federal Express Canada Corporation, FedEx Ground Package System, Ltd., acting through its agent, Federal Express Canada Corporation, and any and all of their affiliate companies, any of which may exercise the rights and privileges afforded FedEx under this Agreement, but Federal Express Canada Corporation and FedEx Ground Package System, Ltd. are the sole obligors. No one is authorized to change the terms of this Agreement except FedEx.
b. If You do not agree to the terms of the Agreement, please notify FedEx by calling 1.800.GoFedEx 1.800.463.3339 and stating that You wish to terminate Your participation in the Program. You must provide Your FedEx account number, company name and company address.
Section 2. Discounts.
a. Subject to the terms of this Agreement, Participants may receive temporary promotional discounts (the “Promotional Discounts”) of 55% off Eligible FedEx Express Services and 25% off Eligible FedEx International Ground Services (each as defined below) that are tendered within Canada during the period beginning on October 8, 2019 and ending on March 31, 2020 (the “Promotional Discount Period”).
b. Eligible FedEx Express Services:
• Intra-Canada: FedEx Priority Overnight®, FedEx Standard Overnight™, FedEx 2Day®, FedEx Economy® and FedEx 1Day® Freight
• Canada-Export: FedEx International Priority® (excluding FedEx 10kg Box and FedEx 25kg Box), FedEx® International Economy, FedEx® International Priority Freight and FedEx® International Economy Freight
c. Eligible FedEx International Ground Services:
• Canada-Export: FedEx International Ground™
d. Participation in the Program also gives You access to all other FedEx Express and FedEx Ground services at list price. Such other services are not eligible for Promotional Discounts.
e. Promotional Discounts apply to list rate transportation charges only and not to any surcharges, special handling fees, duties, taxes or other additional or minimum charges as described in the applicable FedEx Service Guide in effect on the day of shipment.
Section 3. Restrictions.
a. The Promotional Discounts offered through this Program cannot be combined with any other FedEx discounts available to Participant from FedEx or through any authorized FedEx representative. Customers who currently have any FedEx discounts and/or waivers other than those described in this Agreement, including but not limited to, any volume, earned or bonus discounts, or who have any surcharge waiver or other waivers, any custom shipment weight minimum, or any customer dimensional weight factor, all as determined solely by FedEx, will forfeit any such discounts and/or waivers by enrolling in the Program. Notwithstanding the foregoing, Customers who are enrolled in the FedEx welcome offer pricing program prior to participating in this Program may continue to receive discounts earned pursuant to the welcome offer terms and conditions after the expiry of this Program.
b. Customers whose accounts have a status of Cash Only, Past Due, or Inactive, all as determined by FedEx in its sole discretion, are not eligible to participate in the Program. FedEx does not extend consumer credit and FedEx's standard credit policies as determined by FedEx from time to time shall apply.
c. FedEx may determine in its sole discretion, if a Customer is not eligible to participate in the Program, including, but not limited to Customers whose accounts are designated as Interline Account, Global Third Party Account or other special-designation accounts.
d. Customers having self-invoicing FedEx customer automation devices are not eligible to participate in the Program.
e. Accounts enrolled in the American Express Small Business Savings Program or any FedEx Association or Alliance discount program, are not eligible to participate in the Program.
f. Package consolidators, resellers, associations and buying groups are not eligible to participate in the Program.
g. Participants must comply with the payment terms established by FedEx from time to time for services rendered by FedEx under the Program. Payment for services rendered by FedEx under the Program must be in Canadian currency.
h. Participants must be 18 years of age or older and have a Canadian based billing address.
i. Past due accounts are not eligible for continued participation in the Program.
j. Void where prohibited by law.
k. Participants will receive their Promotional Discounts in the form of a credit on their invoice. Promotional Discounts are applied to the associated eligible shipments. Due to varying ship dates and billing cycles, You may not be billed for all eligible shipments within the same month they are shipped.
l. The discounts available under this Program are for use solely by Participant in making shipments for their sole account.
Section 4. Shipments.
The terms and conditions of carriage in the applicable FedEx Service Guide in effect on the day of any shipment made by Participant under the Program shall apply to any such shipments. If there is a conflict between the FedEx Service Guide and the Program, the FedEx Service Guide terms and conditions will control.
Section 5. Term of Program.
The Program shall remain in effect until the end of the Promotional Discount Period. FedEx reserves the right to alter, modify, suspend and terminate the Promotional Discounts, Program and this Agreement, all or any of them, at any time for any reason, with respect to all or any of the Program Participants, by posting on fedex.ca or otherwise. FedEx reserves the right to terminate Your participation in the Program for any reason. In particular, in the event a Participant is later determined to be ineligible for the Program or any Promotional Discount offered under the Program after being notified that Participant was eligible, Participant's participation in the Program and receipt of any Promotional Discount will terminate. In addition, in the event Participant elects to accept another discount from FedEx after Participant is deemed eligible for the Program or Promotional Discounts, at any time, Participant's participation in the Program and receipt of any Promotional Discounts will terminate. Decisions regarding eligibility to participate in the Program are solely within the discretion of FedEx.
Section 6. Controlling Law and Severability.
This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflicts of law provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this Agreement shall remain in full force and effect. Any cause of action arising under this Agreement must be instituted within one year after the claim or cause of action has arisen in a court of competent jurisdiction in Ontario or be barred.
Section 7. Complete Agreement.
This Agreement constitutes the entire agreement with respect to the Program and supersedes any prior or contemporaneous understandings, representations, statements or agreements, written or oral. No amendment to, modification of, or waiver of any provision of, this Agreement will be binding on FedEx without FedEx's written consent.