ICS COURIER
PERMITTED AND PROHIBITED SHIPMENTS

Effective January 16, 2006, Information Communications Services (ICS) Inc.’s ("ICS Courier") General Terms and Conditions shall be amended by the addition of the following terms and conditions and the replacement of section 27 of the General Terms and Conditions with section 4 hereof, all which are hereby incorporated by reference. By using any ICS Courier services after January 16, 2006, you shall be deemed to have accepted these provisions.

1. Terms. Where used in these General Terms and Conditions or the specific terms and conditions applicable to any ICS Product, the following words or phrases shall mean:
  1. "Biohazardous Infectious Materials" has the meaning ascribed thereto in the Controlled Products Regulations pursuant to the Hazardous Products Act (Canada), as same may be amended or replaced from time to time;
     
  2. “Carcinogens” refers to articles or substances that are known or reasonably expected to cause cancer;
     
  3. “Controlled Product” has the meaning ascribed thereto in section 2 of the Hazardous Products Act (Canada);
     
  4. “Dangerous Goods” refers to articles or substances which are capable of posing a risk to health, safety, property or the Environment and which may be classified according to government regulations;
     
  5. “Diagnostic Specimen” means human or animal material, including excreta, secreta, blood and its components, tissue and tissue fluids;
     
  6. “Dangerously Reactive Material” has the meaning ascribed thereto under WHMIS;
     
  7. “Environment” has the meaning ascribed thereto under Canadian Environmental Protection Act, 1999 or similar provincial legislation, as same may be amended or replaced from time to time;
     
  8. “Forbidden Dangerous Goods” means any dangerous goods listed under section 1.5 of the Transportation of Dangerous Goods Regulations or section 2.1 of the IATA Dangerous Goods Regulations;
     
  9. “Hazardous Waste” has the meanings ascribed thereto in the Controlled Products Regulations pursuant to the Hazardous Products Act (Canada) as same may be amended or replaced from time to time;
     
  10. “IATA” means the International Air Transport Association;
     
  11. “Infectious Material” has the meaning ascribed thereto in the has the meanings ascribed thereto in the Controlled Products Regulations pursuant to the Hazardous Products Act (Canada) as same may be amended or replaced from time to time;
     
  12. “TDGA” refers to the Transportation of Dangerous Goods Act, 1992 (Canada), as same may be amended or replaced from time to time; and
     
  13. “WHMIS” means the Workplace Hazardous Materials Information System, as same may be amended or replaced from time to time.
2. Additional Charges. In addition to those charges otherwise specified in these General Terms and Conditions or the terms and conditions applicable to any particular ICS Product, the following additional charge may apply to a shipment:
  1. Hazardous Waste Disposal Costs – where the contents of a shipment containing hazardous material leaks or other requires disposal due to inadequate packaging, labelling or containment by the Shipper.
3. Permitted Shipments. Subject to the provisions of section 4 – Prohibited Shipments, ICS Courier shipments other than those which may travel by air may contain the following Controlled Products that fall within the following Classes of Schedule II to the Hazardous Products Act provided that such contents are properly and clearly marked on the applicable Waybill:
  1. Class A - Compressed Gas;
     
  2. Class B - Flammable and Combustible Material;
     
  3. Class C - Oxidizing Material;
     
  4. Class D - Poisonous and Infectious Material, restricted to Division 1 - Materials causing immediate and serious toxic effect and Division 2 - Materials causing other toxic effect; or
     
  5. Class E - Corrosive Material.
The foregoing exemptions do not apply to any shipments by air as all dangerous goods, Controlled Products and controlled or regulated substances are prohibited from being shipped by air. Without limiting the general prohibition against shipping dangerous goods, Controlled Products or controlled or regulated substances, the Shipper is strictly prohibited from shipping Class D - Poisonous and Infectious Material, Division 3 - Biohazardous Infectious Material or Class F - Dangerously Reactive Material or any goods controlled pursuant to the Transportation of Dangerous Goods Regulations.

4. Prohibited Shipments. Notwithstanding any other provision of these General Terms and Conditions to the contrary, including the provisions of section 3 – Permitted Shipments, by using ICS Courier, the Shipper agrees and declares that the shipment does not contain any (including limited quantities) dangerous goods, Controlled Product or controlled or regulated substances, including those listed below, and agrees to indemnify ICS Courier against any loss, damage or penalties resulting from any violation of this policy:

  1. Human remains in any form;
     
  2. Live animals, birds and insects, or the remains thereof;
     
  3. Live plants or cut flowers;
     
  4. Fruits or vegetables;
     
  5. Fish, seafood, meat and poultry (fresh or frozen);
     
  6. Cash, coins, bonds, stocks or other negotiable securities;
     
  7. Jewellery, gold or any other precious metals (other than costume jewellery);
     
  8. Tobacco or alcohol;
     
  9. Drugs prohibited by law or requiring a prescription;
     
  10. Weapons (and parts thereof) and ammunition;
     
  11. Any dangerous substances as defined by the TDGA or by the Dangerous Goods Regulations of the IATA, including.
     
    1. Biohazardous Infectious Material
       
    2. Carcinogen
       
    3. Dangerously Reactive Material
       
    4. Hazardous Waste
       
    5. Infectious Material
       
    6. Diagnostic substances;
       
    7. Radioactive materials; or
       
    8. Forbidden Dangerous Goods.
       
  12. Any item prohibited by law in the originating jurisdiction, the destination jurisdiction, or any other jurisdiction where the shipment may have to transport through.
[The foregoing section replaces sections 27 of the General Terms and Conditions]

5. Indemnification. The Shipper shall indemnify and save harmless ICS Courier and its affiliates and their respective directors. officers, employees or agents (each, an “Indemnified Party”) from all losses, damages and costs, including all legal fees and disbursements, suffered or incurred by an Indemnified Party, which results, either directly or indirectly, from (a) any default by the Shipper or the Consignee of any of their respective obligations to ICS Courier under these General Terms and Conditions or those of any particular ICS Product or (ii) any claim or threatened claim by any person in excess of any Maximum Liability of ICS Courier prescribed by the General Terms of Conditions or those of any particular ICS Product.

6. Confirmation of General Terms and Conditions. All of the provisions of the General Terms and Conditions other than those specifically amended herein are hereby confirmed and ratified in all respects and shall continue in full force and effect.

 
 General Terms and Conditions of Carriage