J.A.C. European Transport Terms & Conditions

Terms & Conditons

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These terms and conditions, based upon terms and conditions generally applied to road transport, form the basis of any contract between JAC Transport Ltd or any of it's sub-contractors and the customer, and are deemed to have been agreed upon commencement of carriage of goods and may be varied at any time (except where the carriage of goods for a particular journey has already begun) as deemed fit by JAC Transport Ltd and/or it's advisors. In any case, for the avoidance of doubt, the terms & conditions published on this website shall be deemed to be the most current version, and those in force at any given time.

1) Definitions

In these terms & conditions the following shall apply:

Carrier means JAC Transport Ltd or any person acting on their behalf.

Consignee means the person who is to receive the goods.

Consignor means the person to whom the carrier is contracted.

Business customer means a company or other commercial body.

Goods or Consignment means the item(s) accepted for carriage by the carrier.

Services means duties carried out by the carrier on behalf of the consignor.

Ambiguity: Words denoting the singular include the plural and vice versa; gender includes the other gender and person shall include corporations, public bodies and their legal representatives.

2) Application of conditions

2.1 All services are to be performed by the carrier subject only to these conditions which constitute the entire agreement between the consignor and the carrier in relation to provision of the services.

2.2 No person has the authority to waive or vary these conditions unless the waiver or variation is in writing signed by the carrier or an executive officer of the carrier and the consignor.

2.3 The terms of the consignors’ documentation shall not diminish or negate the application of these terms to the provision of the service.

3) Not a common carrier

3.1 The carrier is not a common carrier and accepts no liability as such and may in its absolute discretion:

a) Refuse carriage of any item for any person.

b) Refuse carriage of any toxic, radioactive, explosive or otherwise dangerous goods.

c) Refuse carriage of any unlawful or potentially illegal items or documentation.

d) Refuse carriage of obscene, offensive, sexually explicit or racial goods.

e) Refuse to provide any of the services to the consignor whether before or after the carriage of goods has commenced.

3.2 The carrier will allow any police officer, government official, customs officer or other appointed person to open, inspect or seize any document, envelope, package or container in which the goods are placed in accordance with their power of search.

4) Warranties

4.1 Where a person who is not the consignor tenders any items to the carrier for carriage, that person warrants his authority to deliver the items to the carrier, to sign the consignment note on behalf of the consignor or any other person having interest in the goods and to accept these conditions for the carriage of the items by the carrier.

4.2 Where the consignor is not the owner of the goods he warrants his authority to act as the agent of the owner of the goods or any other person having an interest in the goods for all purposes in connection with the carriage of the goods by the carrier under these conditions and indemnifies, and shall keep indemnified, the carrier in respect of liability whatsoever or howsoever arising (including without limitation) from negligence or without act or default of the carrier or others in connection with the goods.

4.3 The consignor warrants:

a) that it has complied with all laws and regulations relating to the nature, packaging, labelling and carriage of the goods and that the goods are packed in a manner adequate to withstand ordinary risks associated with the services having regard to the nature of the goods, and,

b) the accuracy of all brandings and markings of the goods, descriptions, value and other particulars furnished to the carrier for carriage, customs or any other purpose and indemnifies and shall keep indemnified the carrier against all loss, damage, expense and fines arising from any inaccuracy or omission in this respect..

4.4 The carrier shall attempt to provide the consignor with the service in a timely manner, however this cannot be absolutely guaranteed due to the possibility of unforeseen circumstances (including but not limited to traffic jams or accidents) and in the event of the service being delayed, the consignor shall not hold the carrier responsible for any loss of revenue, other monies or consequential loss arising from late delivery of the goods.

4.5 The carrier shall be relieved of its obligations to perform the contract to the extent that the performance is prevented by the failure of the consignor, fire, weather conditions, industrial dispute, other disturbance or any other cause beyond the reasonable control of the carrier.