1. This Conditions of Carriage Agreement applies to deliveries of cargo using courier delivery.
2. Matters not prescribed in this Agreement are as prescribed in laws and regulations and according to general custom.
3. Notwithstanding the preceding two clauses, the Company may offer special provisions as permitted by law.
1. The Company will determine the date and time for accepting cargo, and shall post these at the store fronts of our service offices and other
places of business.
2. If the Company changes a date or time as prescribed in the preceding clause, we shall post advance notice at the store fronts of our service offices and other places of business.
When the Company accepts an item for delivery, we shall issue an invoice recording the following information. The sender must fill out items 1 through 4, and items 5 through 14 will be filled out by staff at the store front, except where the provisions of Article 9 apply.
(1) The sender's name, title, address and telephone number.
(2) The consignee's name and title, as well as the destination and their telephone number (when the addressee is an airport, the name of the
airport, the name of the counter and the scheduled receipt date).
(3) Name of the cargo for delivery
(4) Special cautions about the delivery (for fragile items, or cargo with items that degenerate or rot easily, the classification of the properties of the items concerned and other necessary information).
(5) Name of courier
(6) The name of this Company, our address and telephone number.
(7) The title of the service office or other place of business that received the item to be delivered.
(8) Date the Company received the cargo for delivery.
(9) Scheduled cargo delivery date (when the Company accepts delivery of cargo on a specified date and time on behalf of the consignee, the
purpose of usage and cargo delivery date).
(10) The weight and volume classification of the cargo.
(11) Amounts for freighting costs and other transportation related expenses.
(12) Limit of liability (\300,000 per item of cargo (value including consumption tax)).
(13) Telephone number of reception window for handling inquiries.
(14) Other necessary matters concerning transportation of the cargo.
1. If the Company has doubts about the name of a cargo item or any special cautions about the delivery recorded in the invoice, upon obtaining agreement from the sender, the Company may inspect the cargo in the presence of the sender.
2. If, pursuant to the preceding clause, the Company conducts an inspection of the cargo and special cautions about the delivery and finds no
discrepancy in relation to what the sender recorded on the invoice, the Company will compensate the sender for loss sustained due to the
inspection.
3. If, after performing an inspection pursuant to clause 1 of this Article, the Company discovers that there are discrepancies between what the
sender recorded in the invoice about the cargo and special cautions about the delivery, and the actual state of these, the sender shall pay the
Company for expenses incurred performing the inspection.
1. When there is a scheduled cargo delivery date recorded in the invoice, the Company will deliver the cargo by that recorded date, provided that there may be cases in which, due to traffic conditions etc, the cargo will be delivered on the date following the scheduled cargo delivery
date.
2. Notwithstanding the preceding clause, when the Company records the purpose of usage of the cargo and the scheduled delivery date (if
the addressee is an airport, the scheduled date of receipt at the airport) in the invoice, the Company will deliver the cargo by that scheduled
cargo delivery date (if the addressee is an airport, the scheduled date of receipt at the airport) recorded in the invoice.
3. If there is no scheduled cargo delivery date in the invoice, the Company will deliver the cargo by the date that occurs after the number of
days calculated based on the distance of carriage according to the following method has elapsed from the date of receipt of the cargo by the
Company recorded in the invoice, (when the place of receipt of the cargo for carriage or the carriage destination is a remote island or
mountainous area etc. displayed as determined by the Company, the date of delivery shall be the date after the appropriate number of days
has elapsed from date of receipt of the cargo by the Company).
(1) The first 400 km:2 days
(2) For each 400 km carriage distance after the first 400 km:1 day
The Company may deem that the cargo has been delivered to the consignee if the Company makes delivery to any of the following:
(1) When the delivery destination is a residential dwelling, a person residing with the consignee at that destination or a person equivalent to
such person.
(2) When the delivery destination is an airport, a person who presents the cargo exchange certificate issued by the Company or a person
equivalent to such person.
(3) When the delivery destination does not correspond to (1) or (2) above, the manager or a person equivalent to the manager.
1. If the Company is unable to perform delivery of cargo because the consignee or an eligible party prescribed in the preceding article is not
present, the Company will keep the cargo at one of their service offices or other places of business, after providing to the consignee notification (hereinafter referred to as "Missed Delivery Notice"), of the fact in writing, including the time and date on which delivery of the cargo was
attempted, the name and contact telephone number of the Company for inquiries, and other matters necessary for delivery of the cargo to the
consignee.
2. Notwithstanding the preceding clause, there may be cases in which the Company, upon obtaining consent from a neighbor of the consignee (including, if the consignee resides in a residential complex, the manager of that residential complex), hands the cargo over to the neighbor
entrusting them to hand it over to the consignee. In this case, the Company will record the name of such neighbor to whom we entrusted the
cargo on the Missed Delivery Notice.
1. If the Company is unable to ascertain the consignee, or if the consignee neglects or refuses to accept the
cargo, or is unable to accept the cargo for some other reason, the Company shall without delay, ask the sender to provide instructions
concerning how to handle the undeliverable cargo within a reasonable period of time prescribed by the Company.
2. Expenses incurred in requesting instructions pursuant to the preceding clause and for implementing such instructions shall be paid by the
sender.
1. If the Company does not receive instructions as prescribed in clause1 of the preceding Article within a reasonable period of time, the
Company may, after warning the sender, store the cargo until the date on which three (3) months have elapsed from the date of requesting
such instructions, and thereafter may conduct a sale of the cargo or otherwise dispose of the cargo, in the presence of an impartial third party,
provided that in the case when the cargo concerned degrades or rots easily, if the Company does not receive the instructions within a
reasonable period of time, the Company may, after warning the sender, immediately sell or otherwise dispose of the cargo.
2. When the Company disposes of cargo as prescribed in the preceding clause, we shall notify the sender of the fact without delay.
3. When the Company disposes of cargo as prescribed in clause 1 of this Article, the Company shall apply the price paid for the carriage in
satisfaction of expenses for the process of requesting the instructions, and storing and disposing of the cargo, while in the event of a shortfall,
the Company may request payment of additional sums from the sender, and in the event of a surplus, shall refund that amount to the sender.
4. If neither the sender nor the consignee can be found, or the Company has not received instructions from the sender after three (3) months
have elapsed from the scheduled delivery date, the Company may conduct a sale of the cargo or otherwise dispose of the cargo, in the
presence of an impartial third party, provided that in the case when the cargo concerned degrades or rots easily, if the Company does not
receive the instructions within a reasonable period of time, the Company may sell or otherwise dispose of the cargo at their discretion.
1. The sender may issue instructions to the Company to stop the carriage of the cargo, return or redirect the cargo, or otherwise deal with the cargo.
2. The right of the sender to issue instructions pursuant to the preceding clause is extinguished once the cargo has been delivered to the
consignee.
3. The sender shall pay expenses required for handling the cargo in accordance with their instructions issued pursuant to clause 1 of this Article.
1. If the Company believes that there are concerns of an impediment arising to carriage of cargo, we may decline to comply with the sender's
instructions issued pursuant to the preceding Article.
2. If the Company declines to comply with instructions pursuant to the preceding clause we shall notify the sender of the fact without delay.
1. If the Company discovers that cargo is ruined we shall notify the sender of the fact without delay.
2. If the Company discovers that cargo has sustained significant damage, or if we determine that the cargo will be delivered significantly later
than the scheduled delivery date, the Company shall without delay, ask the sender to provide instructions concerning how to handle the
undeliverable cargo within a reasonable period of time prescribed by the Company.
3. If the Company does not have time to wait for instructions pursuant to the preceding clause or does not receive the instructions within the
prescribed time period, the Company shall, in the interests of the sender, stop the carriage of the cargo, return the cargo, or otherwise deal
with the cargo.
4. When the Company disposes of the cargo as prescribed in the preceding clause, we shall notify the sender of the fact without delay.
5. Notwithstanding the preceding two clauses, if the Company believes that there are concerns of an impediment arising to carriage of cargo,
we may decline to comply with the sender's instructions.
6. If the Company declines to comply with instructions pursuant to the preceding clause we shall notify the sender of the fact without delay.
7. Expenses required for requesting instructions pursuant to clause 2 of this Article, for disposing of the cargo in accordance with such
instructions, or for disposing of the cargo pursuant to clause 3 of this Article, shall be paid by the sender if the damage to the cargo or the
delayed delivery is due to a reason for which the sender is responsible, or is due to the properties of or a defect in, the cargo, and in other
cases shall be paid by the Company.
1. If the Company becomes aware during the process of carriage, that the cargo contains items as prescribed in Article 6, clause 1. (6) a)
herein, the Company may unload the cargo or take other steps as necessary to prevent damage occurring during the carriage.
2. The sender shall pay expenses required for implementing measures pursuant to the preceding clause.
3. If the Company implements measures as prescribed in clause 1 of this Article, we shall notify the sender of the fact without delay.
1. The Company will provide an incident verification certificate verifying ruination of cargo if so requested within one (1) year from the
scheduled cargo delivery date.
2. The Company will provide an incident verification certificate verifying damaged cargo or delayed delivery if so requested within 14 days from the date of delivery.
The Company's liability related to ruination of or damage to cargo commences when the Company takes the cargo from the sender.
The Company shall only be liable to pay compensation for loss sustained by ruination or damage to cargo or late delivery of cargo when it is
proven that the Company, either ourselves or through our employees or other party used for carriage of the cargo, neglected to exercise due
care in the delivery, storage or carriage of the cargo.
1. The Company shall not be liable to pay compensation for loss due to ruination or damage to cargo or late delivery of cargo caused in the
following cases, or for injury to cargo to an extent that does not impair the original functionality of the item, such as an abrasion etc.
(1) Problem with the cargo or natural wastage.
1) The bag, suitcase or other package exceeds 30 kg in weight.
2) Damage caused by a problem peculiar to hand luggage/cargo such as by aging etc.
3) A protrusion such as from removable type casters etc. or a strap, or damage from an accessory such as nametags etc.
4) Light damage (abrasions, dirtiness, dents)
(2) Combustion, explosion, leakage, mold, rot, discoloration, rust or other similar reason arising due to the properties of the cargo itself.
(3) A general strike or work stoppage, riots or other such incidents, or robbery.
(4) A fire caused by a force majeure event.
(5) Unforeseeable, abnormal traffic problems.
(6) Earthquake, tsunami, storm surge, flood, storm, landslide, avalanche or other natural disaster.
(7) A prohibition against carriage of the cargo or an order to open the cargo, confiscate or seize the cargo or hand the cargo over to a
third-party issued according to law or by a competent governing authority.
(8) A mistake by the sender filling in required items in the invoice, or malice or negligence on behalf of the consignee or the sender when filling out the invoice.
1. The Company shall not be liable to pay compensation for loss for ruination, damage or late delivery affecting cargo that corresponds to cargo as prescribed in Article 6, clause 1 item 5).
2. The Company shall not be liable to pay compensation for loss for ruination, damage or late delivery affecting cargo that corresponds to cargo prescribed in Article 6, Clause 1, item 6) in the event that the Company unknowingly accepts such cargo for carriage.
3. The Company shall not be liable to pay compensation for loss for ruination, damage or late delivery affecting cargo that requires special
cautions in the carriage thereof such as for items that are fragile, or degrade or rot easily etc. when this occurs because the sender neglects to record such special cautions in the invoice, moreover the Company, not being aware of these cautions, fails to observe them.
1. The Company's liability in respect of damage to cargo shall be extinguished unless the Company receives notice of such damage within 14
days from the date of delivery of the cargo.
2. The provisions of the preceding clause shall not apply if the Company, being aware that the cargo is damaged, nonetheless delivered the
cargo.
1. The Company shall pay compensation for ruination of cargo for the value of the cargo (meaning here and hereinafter, the value of the cargo at place from which it is sent) up to a maximum amount (hereinafter referred to as "Maximum Compensation Value") that is the value of the
cargo recorded in the invoice.
2. The Company shall pay compensation for loss for damage affecting cargo up to an amount determined with reference to the value of the
cargo and taking consideration of the extent of the damage.
3. When the Company pays compensation pursuant to the preceding two clauses, even if the Company accepts that it is clear that the
consignee or the sender has sustained substantial loss, the Company shall pay compensation for loss no greater than the Maximum
Compensation Value.
4. In the case of loss sustained due to late delivery of cargo, the Company will pay compensation as follows.
(1) In the cases as prescribed in Article 9, clause 1 or clause 3, the Company may pay compensation for loss affecting assets that arises due
to the cargo not being delivered by the day following the scheduled cargo delivery date, up to an amount within the scope of the Freighting
Costs etc., unless the Company has issued a Missed Delivery Notice pursuant to Article 11 by the day following the scheduled cargo delivery
date.
(2) In the case as prescribed in Article 9, clause 2, the Company may pay compensation for loss affecting assets that arises because the
cargo could not be used on the specified date, up to an amount within the Maximum Compensation Value.
5. If loss due to ruination or damage to cargo occurs simultaneously with loss due to late delivery, the Company may pay compensation
pursuant to the prescriptions of clause 1, clause 2 and clause 3 of this Article and the total amount for compensation for loss pursuant to those three clauses, up to an amount within the Maximum Compensation Value.
6. Notwithstanding the preceding clauses of this Article, the Company shall be liable to pay compensation for all loss sustained due to ruination or damage to cargo or late delivery of cargo if this is caused due to the malice or gross negligence of the Company.
If cargo is ruined, substantially damaged or delivered late (in the case of late delivery as prescribed in Article 9, clause 2 only) due to a natural disaster or other unavoidable reason or due to a reason for which the Company is responsible, the Company will refund Freighting Costs etc.,
provided that if the Company has not already collected payment for Freighting Costs etc., the Company cannot be asked for a refund.
1. The Company's liability shall be extinguished through the time limit of prescription after one (1) year has elapsed from the date on which the consignee received their cargo.
2. The time limit of prescription pursuant to the preceding clause shall, in the case in which the cargo is ruined, be calculated from the
scheduled cargo delivery date.
3. The prescriptions of the preceding two clauses do not apply in the case in which the Company knew of the loss.
The sender shall be liable for paying compensation for loss sustained by the Company due to a defect or property of the cargo, except when the sender, through no negligence on their behalf, was not aware of such defect or property, or when the Company knew of such defect or property.
1. When the Company performs work such as collection of payment for articles delivered, providing advancements to customers on payments
for collection upon delivery of goods, packing cargo, sorting, storage and other courier and carriage related work (hereinafter referred to
collectively as "Ancillary Business"), the Company will require payment for the price for such work posted in the store front of the service office or other place of business or the actual cost as required.
2. Except when special provisions apply, as far as permitted by the properties of the articles concerned, the provisions of Part 2 shall apply to
Ancillary Business.
1. The Company will accept requests for additional collection of payments or changes to amounts for collection if the request is received prior to dispatch of the cargo concerned.
2. The Company will not refund the payment collection charge for cargo handled as requiring payment collection if the sender cancels their
instruction to the Company to collect payment after the cargo concerned has already been dispatched, or if the Company is unable to collect
the payment due to a reason for which the sender or the consignee is responsible.
1. If the sender, at the time of filling out their carriage application, consents to the
Company's offer concerning insurance for the carriage, the Company will collect payment for the insurance when the sender pays their costs.
2. Insurance rates and other insurance related matters are posted at the store front.
Amended on Revision of June, 2010 JAL ABC, Inc.