Business terms and conditions

1. INTRODUCTORY PROVISIONS

JAPO – transport s.r.o. pursuant to § 1751 of Act No. 89/2012 Coll., the Civil Code, as amended, issues the following General Business Terms and Conditions (hereinafter referred to as “Terms and Conditions”):

2. CONTRACTING PARTIES

2.1 JAPO – transport s.r.o. is a commercial company with its registered office at Popůvky, Vintrovna 395/25, Brno-venkov District, Postal Code 664 41, Business ID No: 262 98 295, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 42419, hereinafter referred to as the “Courier”.
2.2 The sender is an individual or legal person that JAPO – transport s.r.o. provides Services on the basis of an Order under these General Terms and Conditions, hereinafter referred to as the “Sender”.

3. SCOPE VALIDITY

3.1 These General Terms and Conditions govern all business relations concluded between the Courier and the Sender. All business relations are generally governed by the Czech Republic laws, the Civil Code and the CMR, ADR and AETR Conventions. The Terms and Conditions are a basic regulation of the contractual relations between Courier and Sender and, if they deviate from the available legal standards, they take precedence over these standards.
3.2 These Terms and Conditions define the business relationship between the Courier and the Sender. The Courier shall provide the Sender with the Service In accordance with them under the terms defined in these Terms and Conditions.

4. TERMS INTERPRETATION

4.1 An Order is a binding and irrevocable proposal for concluding an Agreement sent by the Sender on a sample form (Annex No. 1 to these Terms and Conditions), which is an integral part thereof), to Courier online via web form, by electronic email, in writing by post or fax or handed over to the Courier in person (also see Article 5). By sending an Order, the Sender agrees that they have read and agreed with the Terms and Conditions wording and that these Terms and Conditions govern the contractual relations between the Courier and the Sender.
4.2 The Agreement is a transport agreement between the Sender and the Courier whereby the Courier commits to transport the item (consignment) to the Sender from a certain place (place of dispatch) to a certain other place (place of destination) and the Sender undertakes to provide the (haulage) payment. The Agreement is concluded:
a) at the moment of delivery of acceptance of the Order by the Courier to the Sender
b) loading the consignment in the event that the Sender sends the order to the Courier on a form other than Annex No. 1 to these Terms and Conditions, which the Courier pre-confirms on condition that the contractual relationship between the Courier and Sender will be governed by these Terms and Conditions. Such order confirmation by the Courier on a form other than Annex No. 1 to these Terms and Conditions is a new proposal to conclude an agreement in accordance with these Terms and Conditions.
c) acceptance of a new proposal for the agreement’s conclusion in the event that the Sender sends the order to the Courier on a form other than Annex No. 1 to these Terms and Conditions, which the Courier provisionally confirms, provided that the contractual relationship between the Courier and Sender is governed by these Terms and Conditions. Such order confirmation by the Courier on a form other than Annex No. 1 to these Terms and Conditions is a new proposal to conclude a contract in accordance with these Conditions.
The Agreement may also include an arrangement whereby the Courier shall provide the Sender with comprehensive customs clearance or consignment storage. These Terms and Conditions form an integral part of the Agreement.
4.3 Service means a consignment’s transportation from the place of dispatch to its destination on the basis of the Agreement according to these terms and conditions. Based on the Agreement, the service may also include the Courier providing customs clearance for goods or consignment storage.

5. ORDERING THE SERVICE

5.1 The Sender may place an order in one of the following ways:
a) via the websites: http://www.japotransport.cz/, http://www.japotransport.com
b) by e-mail to japo@japotransport.cz or to the e-mail address of the Courier’s employees (zamestnanec@japotransport.cz)
c) in writing by sending the Order to the Courier’s registered office address
d) in writing by sending the Order by fax to the Courier
e) personal delivery at the Courier’s registered office
5.2 The condition for fulfilling the Sender’s Order validation is to fill in all required data and particulars specified in the order form (Annex No. 1 to these Terms and Conditions). The order is also a proposal to conclude the Agreement. The Agreement shall be concluded at the moment of delivery of the Order Confirmation’s delivery by the Courier to the Sender.
5.3 The Sender may also order the Service on the basis of a written order sent by fax or electronically on a form other than Annex No. 1 to these Terms and Conditions, which the Courier will pre-confirm on condition that the contractual relationship between the Courier and the Sender is governed by these Terms and Conditions. Such order confirmation by the Courier on a form other than Annex No. 1 to these Terms and Conditions is a new proposal to conclude an agreement in accordance with these Terms and Conditions. The agreement is then concluded either by the Sender accepting the new proposal or by loading the consignment.

6. SERVICE PRICE

6.1 Unless the contracting parties agree otherwise in a particular case, the service price is determined according to the Courier’s price list that was valid at the time of the Agreement’s conclusion. If, after concluding the contractual relationship, the costs relating to the performance of the Agreement’s subject matter change substantially, the parties shall agree the price adjustment in writing.

7. PAYMENT TERMS AND CONDITIONS

7.1 If a cash payment is not arranged immediately at the Courier’s cash desk, the Sender is obliged to pay the invoice in full by the date stated on the invoice. Unless agreed otherwise between the Sender and the Courier, the standard due date from the date of issued invoices is 14 calendar days.
7.2 In the event of a failure to meet the due invoice date, in addition to interest on late payment, the Sender also undertakes to pay a contractual penalty of 0.1% of the invoiced amount for each day of delay and from the 7th day of delay of 0.5% daily for each day of delay until the entire invoiced amount is paid.
7.3 The Sender’s obligation to pay the contractual penalty, interest on late payment or damage compensation, as well as other costs associated with the Service provision and withdrawal from the agreement is not affected.

8. AGREEMENT WITHDRAWAL

8.1 The Agreement withdrawal can only be done in writing and this withdrawal is valid on the delivery date of the written withdrawal from the Agreement to the other contracting party.

9. OTHER PROVISIONS

9.1 The Courier reserves the right to unilaterally change the Terms and Conditions, in accordance with § 1752 of the Civil Code, as amended, to amend or supplement these Terms and Conditions, in particular when changing related legal standards or changing the Service’s provision method. The Courier shall announce the amendment, its addition and effectiveness in a suitable manner, e.g. on the Courier’s website. In the event of a disagreement with the content of amended or supplemented Conditions, the Sender has the right to notify the Courier of their disagreement within 7 days from the moment that they became aware or could have learned about the change or completion. If they fail to do so, the Sender shall be deemed to have accepted the amendments.
9.2 The Courier shall not be liable to the Sender for damage caused by circumstances excluding liability, such as state interference, operational, transport and energy failures, strikes or closures. These circumstances are grounds for postponing the performance of contractual obligations on the Courier’s part for the duration and scope of these circumstances.
9.3 The Sender undertakes to notify the Courier without delay of any changes concerning their business authorisation, tax obligations (especially a change in their VAT number and tax administrator), their valid account and bank connection and insolvency. In the event of the Sender’s insolvency, all of the Courier’s receivables from the Sender become due on the day the Courier becomes aware of insolvency.
9.4 The written form of the legal act shall be preserved if the legal act is made by telegraph, telex or electronic means, which allows the content of the legal act to be captured and the person who took the legal act to be captured.
9.5 Personal data processing and protection is governed by Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27th, 2016 on the protection of individuals with regard to personal data processing and on the free movement of such data and repealing Directive 95/46/EC Regulation on Personal Data Protection – GDPR) and Act No. 110/2019 Coll., on personal data processing, and other generally binding legal regulations.
9.6 The Sender undertakes to notify the Courier in writing of the nature of the goods being transported if the subject of carriage is used or damaged motor vehicles, used or broken down machines, explosives, perishable goods or moving uppers. The Courier notifies the Sender of the unsuitability of the Courier’s selected vehicles for carriage of the goods specified in the previous sentence. In the event of a breach of the Sender’s information duty, the Sender shall be deemed to insist on carrying out the consignment.
9.7 The Terms and Conditions are published 24 hours a day on the Internet at: http: //www.japotransport.cz or http://www.japotransport.com and are available in paper form at the Courier’s registered office.
9.8 These Terms and Conditions come into force and effect on June 1st, 2019 and replace the previous version of the General Terms and Conditions.