Claims & liability
Claims, Loss & Damage
Loss, damage, and claim procedures.
Questions? legal@lastmile.express
Overview
Last Mile Express is operated by UCHAAPKO INC (“Company”, “we”, “us”, “our”). Registered office: 190 Beebalm Cres, Nepean, ON, K2J 7G7. Legal inquiries: legal@lastmile.express. Website: https://lastmile.express.
This Claims, Loss & Damage policy explains how to raise service issues and how we evaluate claims. It forms part of our Terms of Service. Compliance with notice, documentation, and inspection requirements is a condition precedent to any recovery.
By tendering a shipment, you assume all risk of loss, damage, delay, spoilage, and diminution in value beyond the liability limits in our Claims policy, and you acknowledge that transit involves ordinary handling risks, traffic, weather, and third-party conduct outside our exclusive control. You are solely responsible for maintaining adequate cargo insurance for values exceeding our liability cap.
Notice requirements
Visible damage, shortage, or tampering: you must notify us in writing within forty-eight (48) hours of delivery (or attempted delivery).
Non-delivery or loss: you must notify us in writing within seven (7) calendar days of the expected delivery date.
Concealed damage: you must notify us within seven (7) calendar days of delivery with evidence the damage more likely than not occurred in our custody.
Send claims to legal@lastmile.express with subject line “Shipment claim” and include your account name, shipment reference, pickup/delivery dates, and a detailed description with photos where applicable.
Late claims are denied unless mandatory law requires otherwise. Oral notice does not satisfy this requirement.
Required documentation
Incomplete claims may be closed without payment. Include where available:
- Tracking number or internal reference.
- Invoice or proof of value (original purchase invoice, repair estimate, or account pricing) — declared value without supporting proof may be disregarded.
- Photos of outer packaging, inner packaging, and damaged goods before disposal.
- Proof of delivery record if disputing completion.
- Description of mitigation steps taken.
- Police or incident report number where theft is alleged.
Preservation of goods
You must preserve damaged goods and all packaging for our inspection for at least fourteen (14) days after claim submission (or longer if we request). Disposal, repair, or alteration without our written consent may result in denial of the claim in full.
Investigation process
We will acknowledge claims within five (5) business days when practicable and investigate by reviewing POD, GPS, driver statements, and scan history. We may request inspection of goods and packaging or a third-party assessment.
Determinations are made in good faith based on available evidence. Our determination is final and binding for purposes of contractual remedies unless you commence formal dispute resolution under the Terms within thirty (30) days of our written decision.
Fraudulent, duplicated, or exaggerated claims may be denied, referred to authorities, and result in immediate account termination and recovery of investigation costs.
Liability limits
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY SHIPMENT, SERVICE, OR THESE POLICIES IS LIMITED TO THE GREATER OF (A) THE FEES ACTUALLY PAID TO US FOR THAT SPECIFIC SHIPMENT OR SERVICE EVENT OR (B) CAD $100, UNLESS A HIGHER LIMIT IS EXPRESSLY AGREED IN A SIGNED WRITING BEFORE PICKUP. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF DATA, COVER DAMAGES, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.
Unless a higher limit is confirmed in a signed writing before pickup, our maximum liability for loss or damage to a shipment is the greater of (a) fees paid for that shipment or (b) CAD $100.
Liability, if any, is for direct physical loss or damage to the goods only, up to the cap. We are not liable for indirect or consequential losses, lost profits, reputational harm, contractual penalties you owe third parties, or spoilage of perishable goods beyond direct physical loss subject to the cap.
Exclusions (no liability)
Without limiting the above, we have no liability for loss, damage, delay, or expense caused by or related to:
- Prohibited, undeclared, misdeclared, or improperly packaged contents.
- Inherent vice, natural deterioration, temperature sensitivity, or manufacturing defects.
- Sender-provided incorrect address, incomplete instructions, or recipient unavailability.
- Recipient refusal, building access denial, security screening, customs seizure, or lawful inspection delays.
- Authority-to-leave / safe-drop deliveries completed per instructions.
- Force majeure and events beyond our reasonable control.
- Items excluded under our Acceptable Use policy.
- Cash, negotiable instruments, jewellery, precious metals, art, or collectibles not pre-approved in writing with declared value.
- Acts or omissions of the sender, consignee, or their agents.
- Ordinary scuffing, shrinkage wrap tears, or cosmetic packaging wear without proven product damage.
Declared value and supplemental coverage
Higher limits require declared value and written confirmation before pickup, additional fees, and compliant packaging. We do not provide all-risk cargo insurance; maintain your own coverage where needed. Declared value is not insurance and does not increase our duties beyond the confirmed monetary cap.
Exclusive remedies
Approved claims may be remedied solely by: (a) refund or credit of shipping charges for that shipment; (b) repair reimbursement up to the liability cap; or (c) payment up to the lesser of proven repair/replacement cost and the liability cap — at our election.
Settlement of a claim is full, final, and a complete release of all claims arising from that shipment unless otherwise agreed in a signed writing. You assign to us any rights of recovery against third parties to the extent of payment.
Set-off
We may set off any amounts you owe us (including unpaid invoices) against any claim payment. No claim payment is due while your account is past due.
Disputes
Unresolved claims are subject to the dispute resolution, limitation period, and governing law provisions in our Terms of Service. Filing a claim does not toll limitation periods except as mandatory law requires.