Application of the Program Terms and Conditions
These terms and conditions ("Program Terms and Conditions") govern the participation of all Purolator business account customers who are enrolled in the Purolator Small Business Advantage Program ("Program"). Tendering Shipments to Purolator at a Base Discount (as defined below) constitutes your acceptance of these Program Terms and Conditions. If you do not agree to these Program Terms and Conditions, it is your responsibility to advise Purolator that you wish to unenrol from the Program. Purolator reserves the right to make any additions, deletions or modifications to these Program Terms and Conditions at any time.
The Purolator Terms and Conditions in effect at the time a Shipment is tendered to Purolator (including payment terms and limitations on our liability described in the Purolator Terms and Conditions), apply to such Shipments.
Enrolment and Participation
You must have an Approved Account Number in good standing, as determined by Purolator in its sole discretion, at the time of enrolment to participate in the Program. Further, your Approved Account Number must remain in good standing each Fiscal Month in order to continue to participate in the Program. Your enrolment in the Program may take up to the end of the third (3rd) Business Day after we notify you of your enrolment to be activated (the "Date of Enrolment"). If there is any dispute as to your Date of Enrolment, Purolator's records will govern.
You may leave the Program at any time. To unenrol, please contact our Small Business Sales Professionals at 1-888-529-9777.
Program Base Discounts
You may receive a base discount of 15%, 20%, 25%, 30%, 35%, 40%, 45% or 50% off of the List Rates (the "Base Discount") as determined by Purolator in accordance with these Program Terms and Conditions.
The Base Discount will be calculated as follows: at the end of each Fiscal Month, Purolator will sum the shipping revenue it has received from your Eligible Shipping Charges on your Approved Account Number over the immediately preceding twelve (12) Fiscal Months (the "Assessment Period"), divide such revenue by the number of Business Days in the Assessment Period, and multiply such average shipping revenue per day by the number of Business Days in the immediately preceding twelve (12) Fiscal Months, the product of which will be your estimated annual shipping revenue with Purolator. Your estimated annual shipping revenue will be used to determine your Base Discount for the upcoming Fiscal Month as follows:
Base Discounts Table
| Estimated Annual Shipping Revenue | Base Discount |
|---|---|
| $0.01 to $600 | 15% |
| $600.01 to $1200 | 20% |
| $1200.01 to $1800 | 25% |
| $1800.01 to $2400 | 30% |
| $2400.01 to $3000 | 35% |
| $3000.01 to $6000 | 40% |
| $6000.01 to $12,000 | 45% |
| Over $12,000 | 50% |
At the beginning of each Fiscal Month, Purolator will apply the applicable Base Discount, on a per Eligible Shipment basis, to the Eligible Shipping Charges incurred under your Approved Account Number (the "Discounted Amount"). The Discounted Amount will be reflected on your invoice. Due to the discrepancy between shipping dates, billing cycles and the calculation of the Base Discount (which is based on a Fiscal Month), you may not be billed for all Eligible Shipments in the same calendar month in which such Shipments occurred. No Program discounts will be applied to any shipping charges incurred prior to your Date of Enrolment.
Purolator may allow you, at its sole discretion, allow you to enrol in the Program with less than twelve (12) Fiscal Month shipping history. If you do not have a twelve (12) Fiscal Month shipping history with Purolator immediately prior to your Date of Enrolment, your Base Discount will be calculated in the same manner as described above on a pro rata basis.
Discretionary Discounts
You may, from time to time while you are enrolled in this Program, receive additional discounts or promotions as determined by Purolator in its sole discretion on Eligible Shipments ("Discretionary Discounts"). Any Discretionary Discounts will either be applied in lieu of your Base Discount or in addition to your Base Discount. Upon the expiry of such Discretionary Discount, your Base Discount will be calculated in the same manner as described above. Where such Discretionary Discount is applied in addition to your Base Discount, Purolator will fix your Base Discount for the entire period over which the Discretionary Discount is offered to the Base Discount you were entitled to at the date the Discretionary Discount offer begins. Please note that the terms of each Discretionary Discount for which you are eligible will be communicated to you at the time such Discretionary Discount is offered to you.
Invoice Errors or Discrepancies
You should call Small Business Sales Professionals at 1 888 529-9777 to report any Program-related errors or discrepancies on your invoice within 90 days of the date of the invoice, after which time you will be deemed to have accepted such invoice. Purolator will investigate such reported Program-related errors and discrepancies and make any corrections, adjustments or modifications deemed necessary using the Base Discount that applied in the month in which the Shipment(s) to which the error or discrepancy relates occurred.
To report non-Program related errors or discrepancies on your invoice, please call the number on your invoice.
Restrictions
Unless you are eligible to receive Discretionary Discounts, the Base Discounts offered through this Program cannot be combined with any other Purolator discounts, promotions, rebate or reward programs, savings plans or waivers that may be available to you from Purolator or through any authorized Purolator representative. By participating in this Program you hereby: (i) agree to waive any non-Program discounts that you may have been entitled to receive from the Date of Enrolment, and (ii) acknowledge and agree that your enrolment in any other Purolator savings, reward, rebate or other similar type of program in which you may have previously been enrolled will cease to be effective at the Date of Enrolment.
Purolator reserves the right to remove you from the Program if you are authorizing others to ship Eligible Shipments under your Approved Account Number for the purpose of benefiting from the consolidation of such other Shipments that are tendered to us, or you are otherwise acting as an express delivery consolidator. For greater certainty, entities that are affiliated with the Approved Account Number may, with Purolator's prior approval, be entitled to have their Purolator small-medium business account linked with such Approved Account Number to benefit from the combined revenue of all accounts for the purpose of determining the Base Discount. In addition, entities that have multiple Approved Account Numbers may, with Purolator's prior approval, be entitled to have such Approved Account Numbers linked to benefit from the combined revenue of all accounts for the purpose of determining the Base Discount.
Associations and buying groups are also not eligible to participate in the Program.
Term of Program
The Program may be suspended, modified or terminated at any time. Should the Program be suspended, modified or terminated, Purolator will advise you by posting a message at www.purolator.com. Tendering Shipments to Purolator on or after the effective date of any suspension, modification or termination of the Program constitutes your acceptance of such suspension, modification or termination.
Purolator reserves the right to suspend, modify or terminate your participation in this Program at any time and for any reason. Purolator in its sole discretion will make all decisions regarding eligibility to participate in the Program.
Use of Personal Information
As a member of the Program, you consent to the collection and use of your personal information by Purolator for the purposes of administering the Program. Your personal information will not be sold or used for any purpose other than in connection with the Program without consent. Purolator's Privacy Statement is available at purolator.com or by calling 1 888 SHIP-123.
Applicable Law
The Program is governed by and will be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any cause of action arising under the Program must be instituted no later than two (2) years after the claim or cause of action arose in a court of competent jurisdiction in the City of Toronto. Void where prohibited by law.
Definitions
Unless otherwise defined in these Program Terms and Conditions, capitalized terms have the following meanings:
"Approved Account Number" means an active Purolator small-medium business account in good standing, as determined by Purolator in its sole discretion.
"Business Day" means Monday, Tuesday, Wednesday, Thursday and Friday and excludes all statutory holidays in the Province of Ontario.
"Eligible Shipments" means Shipments tendered to Purolator under an Approved Account Number using any Purolator Express® or Purolator Ground® services set out in the Purolator Terms and Conditions.
"Eligible Shipping Charges" means the List Rates in respect of Eligible Shipments. For greater certainty, Eligible Shipping Charges do not include any service charges, administrative charges, shipping charges, surcharges, taxes, rebates, duties, or other additional charges (including fuel) that may be associated with an Eligible Shipment and which may be described in the Purolator Terms and Conditions or Purolator Rate Guide.
"Fiscal Month" means the period beginning on the last Sunday of a given calendar month and ending on the last Saturday of the immediately subsequent calendar month.
"List Rates" means Purolator's published list rates in effect as at the date of each Eligible Shipment, as may be amended by Purolator, available at purolator.com.
"Purolator" means, unless otherwise specified, Purolator Inc. and its respective agents and subcontractors.
"Purolator Terms and Conditions" means Purolator's published Terms and Conditions of Service in effect at the time each Shipment is tendered to Purolator, as may be amended by Purolator, available at purolator.com.
"Shipment" has the same meaning attributed to such term in the Purolator Terms and Conditions.
