Terms and conditions
TERMS AND CONDITIONS
The following definitions apply to the terms and conditions set out below that govern the contract of order carriage and other services between you and us.
"we", "us","our" and Jetcarrier - means Jetcarrier Inc. and its employees, agents and independent contractors
"you" and "your" - means the sender or consignor;
"carriage" - means our service at www.jetcarrier.com and includes the whole of the operations and services undertaken by us in connection with the transportation of the shipment as ordered at www.jetcarrier.com.
"order" - means purchase of our services provided at www.jetcarrier.com
“other services” - means all services not being services for the carriage of shipments that are performed by us, including, but not limited to, storage, sorting, kitting, merging, packing, installation, value added- and transportation management services
"shipment" means goods or documents of whatever nature (whether in bulk or in one or more packages) which we have accepted for carriage from one address to another or regarding which we have accepted to perform other services, whether under our consignment note or not.
“prohibited items” means any goods or materials the carriage of which is prohibited by any law, rule or regulation of any in or over which the shipment travels
2. THE PARTY WITH WHOM YOU ARE CONTRACTING
Your contract of your order and carriage and of other services is with the Jetcarrier Inc. or the subsidiary or affiliate of Jetcarrier Inc. that accepts from you the order and carriage or, as the case may be, the performance of other services. You agree that we may subcontract the whole or any part of the contract of ordering and carriage or of other services on any terms and conditions we decide.
3. YOUR ACCEPTANCE OF OUR TERMS AND CONDITIONS
By giving us your order you accept our terms and conditions set out below.
4. SCOPE OF THE ORDER
The order is a contract of carriage of goods by road, air and sea if the carriage of the shipment actually takes place by road, air and/or sea. The order is a contract for the performance of other services if related to non-carriage services.
5. DANGEROUS GOODS / SECURITY
5.1 Except in the circumstances shown in Clauses 5.2 & 5.3, we do not carry, nor perform other services regarding, goods which are, or are in our sole opinion, dangerous goods including, but not limited to, those specified in the International Civil Aviation Organisation (ICAO) Technical Instructions, the International Air Transport Association (IATA) Dangerous Goods Regulations, the International Maritime Dangerous Goods (IMDG) code, the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) regulations or any other national or international rules applicable to the transport of, or the performance of other services regarding, dangerous goods.
5.2 We may at our discretion accept some dangerous goods for carriage, or for the performance of other services, in some countries if you have been accorded the status of an approved customer and this must be given by us in writing before your shipment can be accepted. Your dangerous goods will only be accepted if they comply with the applicable regulations (as referred to in Clause 5.1) and our requirements. Details of our requirements together with the procedure for applying for approved customer status are available from our nearest office and a dangerous goods surcharge will be invoiced to you upon acceptance of your shipment.
5.3 Certain dangerous goods are exempt from the above approved customer requirements.
5.4 You must ensure that your order of a shipment does not contain a prohibited article to import in to your country. We cansel orders of shipments that contain prohibited items for export.
5.5 Shipments carried, or handled, by us may be subject to security screening which could include the use of x-ray, explosive trace detection and other security screening methods and you accept that your shipment may be opened and the contents of your shipment may be examined in transit.
5.6 Jetcarrier Inc. declare to you that we have prepared the shipment for carriage, or for the performance by us of other services, in secure premises using reliable staff employed by us and that the shipment has been safeguarded against unauthorised interference during preparation, storage and transportation for carriage of the shipment by us or for the performance by us of other services.
5.7 We do not accept shipments that contain prohibited items.
5.8 We may be required to share information, including your personal data for your shipment with the shipment destination country authorities or transit country authorities for customs and / or security reasons.
6. EXPORT CONTROLS
6.1 You assume responsibility for and guarantee compliance with all applicable regulations and rules that prohibit unauthorised trade in military and other strategic goods and services with, as well as financial or commercial dealings with named individuals and entities in countries to, from, through or over which your shipment may be carried, or regulations and rules that impose conditions under which certain technologies, information, and commodities can be transported to, from, through or over any country which your shipment may be carried.
6.2 You also guarantee that you will not order any shipment to us if you or any of the parties involved in the shipment are listed on any of the United Nations sanctions programmes, regional and national programmes implementing and/or supplementing those, as well as parties listed on autonomous measures regulations.
6.3 You agree to pre-export regulatory controls, and provide us with your privat information to comply with applicable regulations for export and import..
6.4 You are responsible at your expense for determining import licensing or permitting requirements for a shipment
6.5 We assume no liability to you or to any other person for your acts of non-compliance with export and import control laws, sanctions, restrictive measures and embargoes.
7. RIGHT OF INSPECTION
You agree that we or any governmental authority including customs and security may open and inspect your shipment at any time.
8. CALCULATION OF TRANSIT TIMES AND ROUTING OF SHIPMENTS
Weekend days, public holidays, bank holidays, delays caused by customs, delays attributable to compliance with mandatory local security requirements or other events beyond our control are not included when we quote door to door delivery times in our published literature. The route and the method by which we transport your shipment shall be at our sole discretion.
9. CUSTOMS CLEARANCE
9.1 You appoint us as your agent solely for the purpose of clearing and entering the shipment through customs. If we subcontract this work, you certify that we are the consignee for the purpose of designating a customs broker to perform customs clearances and entries. If any customs authority requires additional documentation for the purpose of confirming the import/export declaration or our customs clearance status it is your responsibility to provide the required documentation at your expense.
9.2 You certify that all statements and information you provide relating to the exportation and importation of the shipment will be true and correct. You acknowledge that in the event that you make untrue or fraudulent statements about the shipment or any of its contents you risk a civil claim and/or criminal prosecution the penalties for which include forfeiture and sale of your shipment. To the extent that we may voluntarily assist you in completing the required customs and other formalities such assistance will be rendered at your sole risk. You agree to indemnify us and hold us harmless from any claims that may be brought against us arising from the information you provide to us and any costs we will incur regarding this, and pay any administration fee we may charge you for providing the services described in this condition.
9.3 Any customs duties, taxes (including but not limited to VAT if applicable), penalties, storage charges or other expenses we incur as a result of the actions of customs or other governmental authorities or your failure and/or the receiver's failure to provide proper documentation and/or to obtain the required licence or permit will be charged to you or the receiver of the shipment. In the event that we decide to charge the receiver and the receiver refuses to pay the incurred charges you agree to pay them to us together with our fee for the administration involved as well as any extra costs we will incur.
9.4 We will endeavour to expedite all customs clearance formalities for your shipment but are not liable for any delays, losses or damage caused by interference from customs officers or other governmental authorities.
10. INCORRECT ADDRESS AND P.O. BOX NUMBERS
If we are unable to deliver a shipment because of an incorrect address we will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver or attempt to deliver the shipment to the correct address although additional charges may apply if the correct address is different to the one shown on the consignment note or the label affixed to your shipment. Deliveries to post office box numbers are not accepted, except in a limited number of countries (the list of which is available from the subsidiary or affiliate or branch of Jetcarrier Inc. that accepts your shipment for carriage) and further provided that the (landline) telephone number of the consignee is provided and that in the event we are unable to deliver the shipment at the first attempt then you agree that we may post the shipment to the consignee and proof of posting is sufficient proof of delivery..
10. UNDELIVERABLE AND REJECTED SHIPMENTS
10.1 If we are unable to deliver a shipment because of an incorrect address we will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver or attempt to deliver the shipment to the correct address although additional charges may apply.
10.2 Deliveries to post office box numbers are not accepted..
11. DELIVERY OF YOUR SHIPMENT
11.1 Where we are unable to complete the delivery of a shipment for whatever reason we will try to leave a notice at the receiver’s address stating that delivery has been attempted and the whereabouts of the shipment. If delivery has not been made after a second attempt by us, or the receiver refuses to accept delivery, we will try to contact you and agree the appropriate next action. You agree to pay us any costs we incur in forwarding, disposing of or returning the shipment and our charges (if any) for making a third or more delivery attempt and for the agreed appropriate next action. If we do not receive your or receiver’s instructions within a reasonable period after our second attempt to deliver the shipment, then you agree that we may destroy or sell the content of the shipment without any further liability to you.
Special Delivery Instructions
11.2 You or the receiver of a shipment may give special instructions to us (by means of a jetcarrier website or any other medium) to deliver the shipment to another location/person (being for example a neighbour and/or neighbouring address) or the receiver may indicate its wish to collect the shipment from a location approved by us. Where you request and we agree to enable this special delivery instructions service, the following provisions shall apply:
11.2.1 our furnishing of any delivery receipt upon which is listed the alternative person and/or delivery location shall constitute proof of delivery of the shipment;
11.2.2 we shall not be liable for any loss or damage in any way as a result of our performance of your special delivery instructions;
11.2.3 you shall indemnify us and hold us harmless from and against all claims, costs, liability and expenses (including reasonable lawyers fees and expenses) arising by reason of loss or damage to any shipments as a result of providing this special delivery instructions service. We also reserve the right to charge you an administration fee for providing this special delivery instructions service.
12. OUR OBLIGATIONS TO YOU
We warrant to you that:
12.1 the contents of the shipment (including but not limited to weight and number of items) have been properly described on our order note, have been correctly labelled and the label or labels have been securely fixed by you in a prominent position on the outer surface of the shipment that can be clearly seen;
12.2 the customer contact details have been fully, accurately and legibly entered as entered at the check out at jetcarrier.com and an address label securely fixed by us to a prominent position on the outer surface of the shipment that can be clearly seen;
12.3 the contents of the shipment have been prepared and packed safely and carefully by you to protect against the ordinary risks of transport, or the performance by us of other services, including any associated sortation and/or handling process;
12.4 we have declared the correct weight of the shipment and will provide any special equipment we may need to load or unload the shipment on or off our vehicles;
12.5 the contents of the shipment are not restricted by IATA, ICAO, IMDG or ADR and are not prohibited items, and neither you nor the consignee is a person or organisation with whom we or you may not legally trade under any applicable laws or regulations;
12.6 all applicable laws and regulations have been complied with;
12.7 we have included in the shipment the correct commercial invoice related to the shipment;
12.8 we have taken all reasonable precautions to comply with all conventions, directives and legislation relating to the protection of personal data including if practicable encryption of the personal data to ensure the safety of the personal data in the event of loss or misdelivery of a shipment; We agree to indemnify you and hold you harmless from any liabilities we may suffer or any costs, damages or expenses, including legal costs, we incur arising out of breach of any of these warranties, representations and guarantees.
13. EXTENT OF OUR LIABILITY
Liability for Transportation Services
13.1 Subject to Clause 14 below, we limit our liability for any loss, damage or delay of your shipment or any part of it arising from carriage as follows:
13.1.1 If the carriage of your shipment is solely or partly by air and involves an ultimate destination or a stop in a country other than the country of departure the Warsaw Convention (1929), or the Warsaw Convention as amended by the Hague Protocol (1955) and/or Montreal Protocol No. 4 (1975), or the Montreal Convention (1999), whichever is compulsorily applicable, will apply. These international treaties govern and limit our liability for loss, damage or delay to your shipment to 19 special drawing rights per kilo.
13.1.2 If we carry your shipment by road within, to or from a country that is a party to the convention on the contract for the international carriage of goods by road 1956 (CMR) our liability for loss or damage to your shipment shall be governed by the CMR and thus limited to 8.33 special drawing rights per kilo. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
13.1.3 If we carry your shipment by road within a country that is not party to the CMR or between two countries neither of which is a party to the CMR, our liability for loss or damage to your shipment shall be deemed to be governed by the CMR and thus limited to 8.33 special drawing rights per kilo. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
13.1.4 If none of Clauses 13.1.1 – 13.1.3 above apply and we have a liability to you for whatever reason for transportation services performed by us, including without limitation breach of contract, negligence, wilful act or default, our liability to you for loss, damage, misdelivery or non-delivery of your shipment or the part affected is at all times limited to the lower of the market value of the shipment at the time of carriage or the cost of repairing the shipment or the part affected with in each case an upper limit that does not exceed 17 Euros per kilo limited to a maximum of 10,000 Euros per shipment. In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
Liability for Other Services
13.2 Subject to Clause 14 below, if we have a liability relating to other services for whatever reason, including without limitation breach of contract, negligence, wilful act or default, our liability to you is at all times limited to 10,000 Euros per event or series of events with one and the same cause of damage or, in case of the loss of or damage to a shipment, to the lower of the market value of the shipment or the cost of repairing the shipment or the part affected with in every case an upper limit that does not exceed 3.40 Euros per kilo with a maximum of 10,000 Euros per event or series of connected events.
14 EXCLUSIONS OF LIABILITY
14.1 We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if we had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act or default.
14.2 We are not liable if we do not fulfil any obligations towards you at all as a result of:
14.2.1 circumstances beyond our control such as (but not limited to):
• acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
• force majeure including (but not limited to) war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes or civil commotions;
• national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
• latent defects or inherent vice in the contents of the shipment;
• criminal acts of third parties such as theft and arson.
15. TIME GUARANTEED PRODUCTS
We do not deliver time guaranteed products. Items that are oversized or classified as dangerous goods will be shipped by sea to Norway and have longer deliverytime than regular air shipments. An item is oversize when the shipping weight is more than 5 kg (including volumetric shipping weight 5kg=25 cubic dm).
16. CLAIMS BROUGHT BY THIRD PARTIES
You undertake to us that you shall not permit any other person who has an interest in the shipment to bring a claim or action against us even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.
17. CLAIMS PROCEDURE
If you wish to claim for a lost, damaged or delayed shipment, or for any other damages, you must comply with any applicable convention and with the following procedure otherwise we reserve the right to reject your claim:
17.1 you must notify us in writing about the loss, damage or delay within 21 days (i) after delivery of the shipment, (ii) from the date the shipment should have been delivered or (iii) from the date you reasonably should have become aware of the loss, damage or delay in the event the claim relates to other services.
17.2 you must document your claim by sending us all relevant information about the shipment and/or the loss, damage or delay suffered within 21 days of notifying us of your claim.
17.3 we are not obliged to act on any claim until our charges have been paid nor are you entitled to deduct the amount of your claim from our charges;
17.4 we will assume the shipment was delivered in good condition unless the receiver has noted any damage on our delivery record when he or she accepted the shipment. In order for us to consider a claim for damage, the contents of your shipment and the original packaging must be made available to us for inspection;
17.5 save as otherwise provided by any applicable convention and or law, your right to claim damages against us shall be extinguished unless an action is brought in a court of law within 1 year from the date of delivery of the shipment or from the date on which the shipment should have been delivered or from the date on which the carriage ended or if the claim relates to other services within 1 year from the date you ought reasonably to have become aware of the loss, damage or delay;
17.6 in case of acceptance by us of part or all of your claim, you warrant to us that your insurers or any other third party having an interest in the shipment shall have waived any rights, remedies or relief to which they might become entitled by subrogation or otherwise;
17.7 the shipment shall not be deemed to be lost until at least 30 days have elapsed since the date you notified us of the non delivery. We may agree with you in writing to shorten this period.
18. RATES AND PAYMENT
18.1 You agree to pay our charges for the carriage of the shipment between the locations specified on the consignment note/contract of carriage, or for the performance by us of other services, and any value added taxes within 7 days from the date of our invoice without withholding, deduction, counterclaim or set off.
18.2 You waive all your rights to challenge our invoices if you do not contest our invoice in writing within 7 days from the date of the invoice.
18.3 You agree that we may charge interest on all invoices not paid within 7 days from the invoice date at the rate of 6% above the European Central Bank base rate until full and final payment of the relevant invoice. You agree to pay our reasonable and proper cost of collection of invoices not paid within seven days from the invoice date.
18.4 Where permitted by law, our standard invoice presentation method is electronic invoicing. Where you request, or we are required, to use paper invoicing we reserve the right to charge you an administration fee for providing this service.
18.5 Our invoices must be paid in the currency stated in the invoice or otherwise in a local currency against exchange rates provided by us.
18.6 We have a general lien on all your shipments in our possession at any one time that gives us the right to sell the contents and retain the proceeds of sale in settlement of any amounts that you may owe us.
19. LAW AND JURISDICTION
19.1 In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect the other provisions of this contract all of which remain in force.
19.2 Save as provided by any applicable convention, disputes arising from or related to this contract shall be subject to the laws and the courts of the country in which the subsidiary or affiliate or branch of Jetcarrier Inc. that accepts your shipment for carriage or performs other services is based. For shipments from the United States, the laws of the State of New York shall apply and the US District Court for the Eastern District shall have exclusive jurisdiction.