Terms & conditions

1. Acceptance of Terms

These Terms & Conditions (“Terms”) govern your access to and use of the website bgtransport.ca (the “Site”) and the transportation services offered by Bacres Grain Transportation (“BGT,” “we,” “us,” or “our”).

By accessing the Site, submitting a service request, or engaging our transportation services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy policy. If you do not agree, you must discontinue use of the Site and our services immediately.

2. About the Company

Bacres Grain Transportation is an Ontario-based bulk agricultural and aggregate transportation company. BGT is managed by Group Solum (groupsolum.com), which provides administrative, marketing, and operational oversight. References to “BGT” in these Terms include Group Solum where applicable.

3. Services Description

BGT provides bulk transportation services in Ontario and surrounding regions, including but not limited to:

• Grain transportation: hauling grain and cereal commodities from farms, elevators, and terminals.
• Fertilizer transport: delivery of bulk fertilizer products.
• Sand & materials: transportation of sand, gravel, aggregates, and other bulk materials.

All services are subject to equipment availability, scheduling, regulatory requirements, and operational capacity. We reserve the right to decline or reschedule service requests at our discretion.

4. Quotes & Pricing

• Quotes provided through the Site, phone, or email are estimates only and are not binding unless confirmed in a written load confirmation or service agreement.
• Pricing may be subject to fuel surcharges, toll charges, weight adjustments, waiting-time fees, and changes in regulatory requirements.
• Final pricing will be confirmed in writing prior to load dispatch, or as otherwise agreed between the parties.
• Payment terms will be specified in the applicable service agreement or invoice. Late payments may be subject to interest charges as permitted by Ontario law.

5. Booking & Load Confirmation

When booking transportation services, the shipper (“you”) agrees to:

• Provide accurate commodity descriptions, weight, volume, and any special handling or regulatory requirements.
• Disclose all hazardous materials or dangerous goods in accordance with the Transportation of Dangerous Goods Act (TDGA) and applicable regulations.
• Ensure that loading and unloading sites are accessible and safe for our equipment and personnel.
• Comply with all applicable laws and regulations regarding the commodities being shipped.

Cancellations: If you cancel a confirmed load, you may be responsible for cancellation fees, including but not limited to deadhead mileage and driver standby charges. Specific cancellation terms will be outlined in the applicable service agreement or load confirmation.

6. Shipping & Delivery

• Delivery dates and transit times are estimates only and are not guaranteed.
• Delays may result from weather conditions, road closures, traffic, mechanical breakdown, regulatory inspections, acts of government, or other circumstances beyond our control.
• BGT will make reasonable efforts to notify the shipper of anticipated delays.
• Risk of loss or damage to cargo shall be governed by the applicable load confirmation and Canadian transportation law.

7. Liability & Limitation of Liability

a) Carrier liability: BGT’s liability for loss of or damage to cargo during transportation is governed by applicable Canadian federal and provincial legislation, including the conditions of carriage set out in the applicable bill of lading or load confirmation.

b) Limitation: To the fullest extent permitted by law, BGT, Group Solum, and their respective officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, business opportunities, goodwill, or data, arising out of or in connection with the use of the Site or our services.

c) Maximum liability: In no event shall our total aggregate liability exceed the fees actually paid by you to BGT for the specific service giving rise to the claim.

d) Force majeure: BGT shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, severe weather, pandemics, epidemics, strikes, lockouts, labour disputes, war, terrorism, civil unrest, government orders, regulatory actions, road closures, fuel shortages, equipment failure, or acts of God.

8. Indemnification

You agree to indemnify, defend, and hold harmless Bacres Grain Transportation, Group Solum, and their respective officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Site or services; (b) your breach of these Terms; (c) your violation of any applicable law or regulation; or (d) inaccurate, incomplete, or misleading information provided by you in connection with a shipment or service request.

9. Intellectual Property

All content on this Site, including but not limited to text, graphics, logos, images, photographs, videos, icons, page layout, and software, is the property of Bacres Grain Transportation and/or Group Solum and is protected by Canadian and international copyright, trademark, and intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, or transmit any material from this Site without our prior written consent, except for temporary caching or as permitted by applicable law for personal, non-commercial use.

10. Website Use & Acceptable Conduct

By using this Site, you agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable law or regulation.
• Attempt to gain unauthorized access to any portion of the Site, server, or connected systems.
• Use any automated means (including bots, scrapers, or spiders) to access, monitor, or copy Site content without our express written permission.
• Introduce viruses, malware, or other harmful code to the Site.
• Interfere with or disrupt the integrity or performance of the Site or its underlying infrastructure.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Collect or harvest personal information of other users without their consent.

11. Third-Party Links & Services

The Site may contain links to third-party websites and services, including our careers page, social-media platforms, and partner organizations. These links are provided for your convenience only. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party sites. Your use of third-party sites is at your own risk, and we encourage you to review their terms and privacy policies before providing any personal information.

12. Privacy

Your use of the Site is also governed by our Privacy policy, which describes how we collect, use, share, and protect your personal information. By using the Site, you consent to the practices described in our Privacy Policy.

13. Disclaimers

a) Site provided “as is”: The Site and all content, materials, and information provided on it are offered on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

b) No professional advice: Nothing on this Site constitutes legal, financial, or professional advice. Information is provided for general informational purposes only. You should consult qualified professionals for advice specific to your circumstances.

14. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Any dispute arising out of or in connection with these Terms or the use of the Site or our services shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, Canada. You irrevocably submit to the jurisdiction of such courts and waive any objection to venue or inconvenient forum.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

16. Amendments

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. The “Last updated” date at the top of this page indicates when these Terms were most recently revised. Changes are effective immediately upon posting. Your continued use of the Site or our services after any changes constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.

17. Entire Agreement

These Terms, together with our Privacy policy and any applicable load confirmation, service agreement, or written contract between you and BGT, constitute the entire agreement between you and Bacres Grain Transportation regarding the subject matter herein. These Terms supersede all prior or contemporaneous communications, proposals, and representations, whether oral or written, with respect to the Site.