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Transport and Commercial Terms

1. INTRODUCTORY PROVISIONS

1.1 JAPO - transport s.r.o. a business company hereby issues these General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") pursuant to Section 1751 of Act No. 89/2012 Coll. the Civil Code as amended (hereinafter referred to as the "Civil Code").

2. CONTRACTING PARTIES

2.1 JAPO - transport s.r.o. is a business company with its registered office at Popůvky Vintrovna 395/25 Brno-venkov District Postal Code 664 41 Business ID: 262 98 295 registered in the Commercial Register maintained by the Regional Court in Brno Section C Insert 42419 (hereinafter referred to as the "Carrier").

2.2 The Sender is a natural or legal person to whom JAPO - transport s.r.o. provides Services based on an Order in accordance with these Terms and Conditions (hereinafter referred to as the "Sender").

3. SCOPE OF VALIDITY

3.1 These Terms and Conditions govern all business relations concluded between the Carrier and the Sender. All business relations are generally governed by the legal system of the Czech Republic, the Civil Code, and the CMR, ADR, and AETR Conventions. These Terms and Conditions are the basic regulation of contractual relations between the Carrier and the Sender, and if they deviate from dispositive legal norms, they take precedence over these norms.

3.2 The Terms and Conditions define the business relationship between the Carrier and the Sender. In accordance with them, the Carrier provides or will provide the Sender with Services under the conditions defined by these Terms and Conditions.

4. INTERPRETATION OF TERMS

4.1 An Order is a binding and irrevocable proposal to conclude a Contract sent by the Sender to the Carrier in any form electronically via email (see Article 5). By sending the Order, the Sender confirms that they have read and agree with the wording of the Terms and Conditions and that only these Terms and Conditions shall govern the contractual relationship between the Carrier and the Sender.

4.2 A Contract is a contract of carriage within the meaning of Section 2555 of the Civil Code between the Sender and the Carrier by which the Carrier undertakes to the Sender that it will transport an item (shipment) from a certain place (place of loading) to another place (place of unloading) and the Sender undertakes to pay the fee (freight). The Contract may also include an agreement under which the Carrier provides comprehensive customs clearance or storage of the shipment for the Sender. These Terms and Conditions form an integral part of the Contract.

4.3 The Service means the provision of transportation of the shipment from the place of dispatch to the place of destination based on the Contract according to these Terms and Conditions. The Service may also include customs clearance or storage of the shipment by the Carrier based on the Contract.

5. ORDERING THE SERVICE

5.1 The Sender may place an order electronically via email to japo@japotransport.cz or to the email address of the Carrier's employees (employee@japotransport.cz).

5.2 An Order that references the Sender's general terms and conditions is a proposal to conclude a Contract that the Carrier will confirm provided that the contractual relationship between the Carrier and the Sender will be governed solely by these Terms and Conditions in the sense of Section 1740 Paragraph 3 of the Civil Code. If the Sender does not reject this acceptance without undue delay, the Contract is concluded at the moment of delivery of the Carrier's confirmation of the Order to the Sender.

5.3 An Order that does not reference the Sender's general terms and conditions is a proposal to conclude a Contract that the Carrier confirms with the addition that the contractual relationship between the Carrier and the Sender will be governed solely by these Terms and Conditions. Such confirmation of the order by the Carrier is a new proposal for the conclusion of the Contract in the sense of Section 1740 Paragraph 2 of the Civil Code. The Contract is then concluded either by the acceptance of the new proposal by the Sender or by the loading of the shipment in the sense of Section 1744 of the Civil Code.

6. TRANSPORT CONDITIONS

6.1 The Carrier undertakes to ensure transportation in accordance with the CMR, ADR, and AETR Conventions and to load and unload the goods in time and in order.

6.2 If the goods are not ready at the specified place and at the specified time, the Sender must promptly rectify the situation and prepare the goods. If this causes the Carrier to be delayed or causes a scheduling conflict that results in late arrival for the next loading for another customer, the Sender is obliged to reimburse the Carrier for the damage incurred.

6.3 In the event of order cancellation on the day of loading, the Sender is obliged to reimburse the Carrier for the incurred costs and lost profit.

7. PRICE OF THE SERVICE

7.1 The contracting parties shall agree on the price of the Service at the time of concluding the relevant Contract. If the costs relating to the performance of the subject matter of the Contract change significantly after the conclusion of the contractual relationship, the parties shall agree in writing on the price adjustment.

8. PAYMENT TERMS

8.1 If cash payment is not agreed upon immediately at the Carrier's cash desk, the Sender is obliged to pay the invoice in full by the date stated on the invoice. Unless otherwise agreed between the Sender and the Carrier, the standard payment term is 14 calendar days from the date of issue of the invoices.

8.2 In the event of late payment of the invoice, the Sender undertakes to pay, in addition to default interest, a contractual penalty of 0.1% of the invoiced amount for each day of delay, and from the 7th day of delay a penalty of 0.5% per day for each day of delay until the entire invoiced amount is paid.

8.3 The Sender's obligation to pay the contractual penalty, default interest, or damages as well as other costs associated with the provision of the Service and withdrawal from the Contract is not affected.

9. WITHDRAWAL FROM THE CONTRACT

9.1 Withdrawal from the Contract may only be made in writing and such withdrawal is valid on the date of delivery of the written withdrawal from the Contract to the other contracting party.

10. OTHER PROVISIONS

10.1 The Carrier is not liable to the Sender for damage caused by circumstances excluding liability, such as state interventions, operational, transport, and energy disruptions, adverse weather conditions, strikes, or lockouts. These circumstances are grounds for postponing the performance of contractual obligations on the part of the Carrier for the duration and extent of these circumstances.

10.2 The Sender undertakes to promptly notify the Carrier of any changes concerning its business authorization, tax obligations (especially changes to VAT ID and tax administrator), valid account and bank connection, and its insolvency. In the event of the Sender's insolvency, all receivables of the Carrier towards the Sender become due on the day the Carrier becomes aware of such insolvency.

10.3 The Sender undertakes to always inform the Carrier in writing about the nature of the goods being transported if the subject of transport includes used or damaged motor vehicles, used or malfunctioning machines, explosives, perishable goods, or moving personal belongings, furniture, plants, detergents, and other goods that could damage the vehicle. The Carrier informs the Sender about the unsuitability of the Carrier's selected vehicles for the transportation of the goods specified in the previous sentence. If the Sender fails to meet the duty to inform, it is assumed that the Sender insists on the transportation being carried out.

11. FINAL PROVISIONS

11.1 The competent court in the case of any disputes arising from the business relations and in connection with them concluded between the Carrier and the Sender will be the general court according to the Carrier's registered office on the date the lawsuit is filed in accordance with Section 89a of Act No. 99/1963 Coll. the Civil Procedure Code as amended.

11.2 The written form of a legal act is preserved if the legal act is performed electronically in a manner that allows the content of the legal act and the person who performed the legal act to be identified.

11.3 The Carrier reserves the right to unilaterally change the Terms and Conditions in accordance with Section 1752 of the Civil Code, especially when there is a change in related legal norms or the method of providing the Service. The Carrier will announce changes or additions and their effectiveness in an appropriate manner, for example on the Carrier's website. The Sender has the right, in the event of disagreement with the content of the amended or supplemented Terms and Conditions, to notify the Carrier of this disagreement within 7 days from the time the Sender became aware of the change or could have learned about it. If the Sender does not do so, it is assumed that the Sender has accepted the changes or additions.

11.4 The protection and processing of personal data are governed by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and by Act No. 110/2019 Coll. on the processing of personal data and other generally binding legal regulations.

11.5 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 printed form at the Carrier's registered office.

11.6 These Terms and Conditions come into force and effect on 13 September 2024 and replace the previous version of the General Terms and Conditions.