Terms and Conditions for Delivery Services Contract

Definitions

 1. In this contract the person providing the delivery services is referred to as the Provider. The person retaining the services of the Provider is referred to as the Principal. The delivery services are referred to as the Service.

Rights and responsibilities of the parties

2. It is the responsibility of the Provider to provide all equipment and supplies necessary for the provision of the Service, including but not limited to transportation (whether purchased, leased or otherwise obtained), expenses (such as gas and          maintenance), regulatory requirements (such as insurance) and licensing requirements. The Provider is free to obtain such equipment and supplies from any source that the Provider in his, her or its discretion may select.

3. The Provider is responsible for all expenses associated with the provision of Service, including but no limited to damage to a vehicle that may occur in the course of providing service.

4. The Provider is assumed to be capable of providing Service in a capable and professional manner. The Principal shall provide neither training nor supervision in respect of the Provider’s provision of Service.

5. The Provider is solely responsible for the manner in which the Service is provided, including, but not limited to routes, speed and, where multiple deliveries and involved, the order of such deliveries.

6. The Provider may provide Service personally, or though the use of sub-contractors or employees, at his, her or its discretion, provided such usage is otherwise in compliance with this contract.

7. The Provider may choose to provide Service on as many or as few days as he, she or it wishes, as well as the specific hours in each day. The Provider shall notify the Principal in writing of the days and hours on which Service is available (initially on Appendix “A” attached to this contract), and shall not alter this availability without forty-eight hours prior written notice to the Principal.

8. During a time period specified in paragraph 7 above, the Principal shall advise the Provider of the deliveries required to be performed, including their number and, in each case, the destination.

9. The Provider agrees to purchase the items to be delivered from a cash float to be provided by the Provider, and to deliver them and to resell them to the end recipient, less the delivery fee described in paragraph 10 below. The Provider may retain any additional amount over and above this amount, which the end recipient may choose to provide.

10. The Provider shall be paid in accordance with the volume of Service provided, as measured by the number of deliveries at such amount per delivery (“the delivery fee”) as may be agreed upon between the principal and the Provider. The Principal shall notify the Provider in writing of the delivery fee that it proposes (or of any chances to that amount, as the case may be), and the Provider shall notify the Principal as to whether he, she or it agrees to this amount (or change to the amount, as the case may be).

11. Where an end recipient cannot be charged as a result of a delivery occurring outside the guaranteed time frame, the cost of the items to be delivered to that end recipient shall be the responsibilities of the Principal or the Provider, depending upon which party is at fault for the failure to meet the guaranteed time frame. In addition, should the Principal be at fault, the Principal shall pay the Provider the delivery fee in respect of that delivery.

12.  The Provider is responsible for all taxes, income or otherwise, applicable to payments made from the Principal to the Provider. The Principal shall not withhold any such amount form payments made to the Provider and the Provider, in turn, agrees to indemnify the Principal for any liability that may arise as a result of such non-withholding.

13. For security purposes, the Provider must obtain and retain, for so long as this contract is in force), identification sufficient to identify to the end recipient of the delivery the nature of the delivery and its source.

14. This contract does not license the Provider to act as a representative of the Principal, and this contract specifically prohibits the Provider from holding himself, herself or itself out as a representative of the Principal.

Warranties

15. The Provider warrants to the Principal that the Service will be provided in a good and sufficient manner and in accordance with the terms of this contract. In particular, the Provider is responsible for any expenses associated with a failure to provide Service, including but not limited to loss or damage to the items to be delivered occurring after they have been purchased by the Provider and before they have been re-sold to the end recipient.

Scope of Service

16. The Provider shall provide only the Service as set out in this contract to the Principal and no other services for any kind. This contract does not restrict the Provider from providing services to other parties, whether or not those services are of a similar nature to the Service provided to the Principal, and whether or not those other parties are in a similar business as the Principal or competitors of the Principal.

17. Providers may not enter any other area of the Principal’s property other than the area specifically reserved for the transfer of items to be delivered and those areas open to general public.

Notifications

18.  The Provider agrees to notify the Principal, on request, as to whether a particular delivery has been completed; but is not otherwise required to report to the Principal in respect of providing Service, other than as may be explicitly stated elsewhere in this contract.

19. This contract may be terminated by either party upon forty-eight hours notice.

Intention

20. The parties jointly state that is their intention to create the relationship of Principal / Independent Contractor, and not the relationship of Partners, Joint Ventures or Employer / Employee. It is further the mutual understanding of the parties that this contract creates the relationship of Principal / Independent Contractor and, without limiting the generality of the foregoing, it is the understanding of the parties that the Provider is not and employee for purposes of the vacation, holiday, overtime or any other provisions of the Employment Standards Act, 2000, or a worker for purposes of the Workplace safety and Insurance Act, 1997.

21. The parties must keep the contract and any other document for a minimum of six months.

Provider

22. AH Mover a small independent business operating under HST #761025733RT001 owned by Abbas Hosseini.

23. All accounts including but not limited to: tax, government requirements, financials, bank accounts are under Abbas Hosseini’s name.

24. All payments are received by Abbas Hosseini and he is the sole proprietor of AH Mover.

Principal Obligations

25. Payment for the Service. The Principal shall be liable for all unpaid charges for the Service performed by the Provider. The Principal authorizes the Provider to charge for services rendered on the Principal’s behalf after departure by placing an order on-line, phone or through a work order on site.

26. Payment Terms. All charges are due before the Service is performed unless other arrangements have been made in advance. The Provider has the right to require prepayment or guarantee of the charges at the time of request for the Service. A failure to pay timely will result in the Principal having to pay in cash in advance for future Service. The Provider retains its right to hold the Principals’ Goods for non-payment. If a credit card is provided to the Provider, the Provider is authorized to bill to such credit card any unpaid charges for the Service provided to the Principal, including charges for return shipping. Any charges not paid within 30 days of delivery will be subject to interest at 1 1/2% per month until paid.

27. Proper Description. The Principal is obligated to disclose accurate descriptions of the goods to the Provider if Principal’s packages contain items that are considered Hazardous Materials or Dangerous Goods. The Principal has the obligation to ensure that each package is properly and completely described, is properly marked and addressed, and is packaged adequately to protect the contents during transportation. The Principal must provide all documentation for HAZMAT shipping as required by the Department of Transportation. The Principal hereby agrees to provide the Provider with accurate information in order to allow for all proper disclosures to be made on the Principal’s shipment. The Principal is responsible for all placarding.

28. Order Cancellation. The Principal is obligated to notify the Provider with 24 hours notice before the pickup date in which case the Principal won’t be charged any cancellation fees. Cancellation less than 24 hours before the pickup date is subject to a cancellation fee of 30% of the total amount of the order. Cancellation when the Provider is at the pickup location is subject to a cancellation fee of 100% of the total amount of the order.