Terms and Conditions of Carriage
Ocarry Corporation (hereinafter referred to as “we”) has adopted the “Standard Conditions of Carriage for Light Trucks (Notification No. 171 of 2003, last revised: Notification No. 210 of 2024)” issued by the Ministry of Land, Infrastructure, Transport and Tourism as our terms and conditions of carriage for the carriage of cargo in this service.
In addition to these Conditions of Carriage, we may establish other rules or policies regarding the use of this service (hereinafter referred to as “Individual Regulations”). Regardless of the name, the Individual Regulations shall constitute a part of these General Terms and Conditions of Carriage. In the event of any discrepancy or inconsistency between the provisions of these Terms and Conditions and the Individual Rules, the contents of the Individual Rules shall take precedence, except as otherwise provided in the Individual Rules.
In the event of any discrepancy or inconsistency between the Japanese version and any other language version of these Terms and Conditions, the Japanese version shall prevail. Please understand this in advance.
Standard Cargo Lightweight Vehicle Transportation Contract
Contents
Chapter 1 General Provisions (Articles 1 and 2)
Chapter 2 Transportation Business (Articles 3-58)
General Provisions (Articles 3-5)
Section 2 – Induced Reception (Articles 6 – 16)
Accumulation and Unloading (Article 17)
Receipt and Extradition of Goods (Articles 18 – 26)
Section 5: Drawings (Articles 27 and 28)
Accidents (Articles 29 – 31)
Rent and Rates (Articles 32 – 37)
Liability (Articles 38 – 50)
Section 9: Transportation (Articles 51 – 58)
Chapter 3: Fringe Business (Articles 59 – 61)
Chapter I General Provisions
Article 1 (Types of Business)
We shall engage in the freight light motor vehicle transportation business.
2 We shall engage in businesses incidental to the businesses set forth in the preceding paragraph.
Article 2 (Scope of Application)
The contract of carriage concerning the freight light motor vehicle transportation business operated by us shall be governed by these Conditions of Carriage, and any matter not provided for in these Conditions of Carriage shall be governed by laws and regulations or general custom.
2 Notwithstanding the provisions of the preceding paragraph, we may accept an application for a special contract to the extent that it is not contrary to laws and regulations.
Chapter II Transportation
Section 1 General Rules
Article 3 (Reception Date and Time)
We will set the reception date and time and post it at the storefront.
(2) If the acceptance date and time set forth in the preceding paragraph is changed, we will post a notice in advance at the storefront.
Article 4 (Order of Carriage)
We will carry the cargo in the order in which we received the application for carriage. However, this shall not apply in the case of carriage of perishable or alterable cargo or for any other justifiable reason.
Article 5 (Period of Delivery)
Our period of delivery of a shipment shall be the total of the following days.
(i) Shipping period: 2 days including the day of receipt of the shipment.
(ii) Transportation Period: one day for each 170 kilometers of transportation distance on which the calculation of rates and charges is based; provided, however, that any fraction less than 1 day shall be considered as 1 day. However, any fraction less than one day shall be one day.
(2) When the cargo is delivered after the expiration of the delivery period under the preceding paragraph, such delivery shall be deemed to be delayed.
Section 2 Underwriting
Article 6 (Confirmation of Kind and Nature of Cargo)
When an application for carriage of cargo is made, we may require the applicant to state the kind and nature of the cargo.
2 In the case of the preceding paragraph, if there is any doubt as to the applicant’s statement of the kind and character of the cargo, we may, with the consent of the applicant, inspect the same in his/her presence.
3 In the event that we have inspected the cargo pursuant to the preceding paragraph, if the type and nature of the cargo is not different from what the applicant has stated, we will compensate for any damage caused thereby.
4 In the event that we conduct an inspection pursuant to the provision of paragraph 2, if the type and nature of the cargo is different from those specified by the offeror, the offeror shall bear the expenses required for the inspection.
Article 7 (Refusal of Acceptance)
We may refuse to accept carriage in any of the following cases
(i) when the application for such Carriage is not in accordance with these Conditions of Carriage; or
(ii) when the applicant fails to make a public notice pursuant to the provisions of paragraph (1) of the preceding article or fails to give consent for inspection pursuant to the provisions of paragraph (2) of said article
(iii) When there are no facilities suitable for said Carriage
(iv) When the applicant requests any special burden in connection with said Carriage
(v) When said Carriage is contrary to the provisions of laws and regulations, public order or good morals
(vi) When there is a natural disaster or other unavoidable reason.
Article 8 (Waybill, etc.)
The shipper shall, upon our request, submit a waybill for each shipment, signed or stamped with his/her name and seal, stating the following items
(i) Name, quality and weight or volume of the cargo, and the type and number of its packing
(ii) place of shipment and place of destination (in the case of a complex, apartment or other high-rise building, including its name and telephone number)
(iii) Type of transportation
(iv) Matters concerning payment of freight, charges, advances and other expenses (hereinafter referred to as “freight, charges, etc.”) (v) Matters concerning payment by the shipper and consignee
(v) Names, trade names, addresses and telephone numbers of the shipper and consignee
(vi) Place and date of preparation of waybill
(vii) For high-value goods, the type and value of the goods
(viii) When the collection of payment for goods is entrusted, a statement to that effect
(ix) When entrusting insurance for transportation, a statement to that effect
(x) Other matters necessary for the carriage of the cargo.
- The shipper must clearly notify us of the matters listed in each item of the preceding paragraph if he/she does not request us to submit the waybill set forth in the preceding paragraph.
Article 9 (Valuable and Valuable Goods)
In these Conditions of Carriage, “Valuable Goods” means the following
(i) Currency, paper money, banknotes, stamps, postage stamps and certificates of public obligation, share certificates, bonds, gift certificates and other securities, gold, silver, platinum and other precious metals, iridium, tungsten and other rare metals, vajra, jade, beryllium, amber, pearl and other precious stones, ivory, tortoiseshell, coral and their respective products
(ii) Works of art and antiques
(iii) Goods (excluding animals) the price per kilogram of which, after adding containers and packing, exceeds 20,000 yen.
(2) The price per kilogram referred to in item (iii) of the preceding paragraph shall be calculated on a per-packing basis.
(3) In these Conditions of Carriage, “valuables” means those listed in items (i) and (ii) of paragraph (1).
Article 10 (In case of Unclear Type of Carriage, etc.)
In the event that the shipper, when applying for carriage, fails to specify the type of cargo to be carried and other necessary matters concerning the carriage of the cargo, we will carry such cargo in a manner deemed most advantageous to the shipper.
Article 11 (Packing)
The shipper shall pack the cargo so as to make it suitable for carriage in accordance with the nature, weight, volume, transportation distance and type of transportation handled.
(2) If the packing of the cargo is not sufficient, we will require the shipper to pack the cargo as necessary.
3 Even if the cargo is not sufficiently packed, we may accept the carriage of such cargo if we deem that it will not cause any damage to other cargo and the shipper agrees in writing to bear any damage caused by insufficient packing.
Article 12 (Exterior Marking)
The shipper shall mark the following items on the exterior of the shipment in a legible manner. However, this shall not apply to matters which we deem unnecessary.
(i) Name or trade name and address of the shipper and consignee
(ii) Item name
(iii) Quantity
(iv) Other matters necessary for the handling of carriage.
2 The shipper may, if permitted by us, substitute for the exterior marking of the preceding paragraph a packing tag stating the matters listed in each item of the preceding paragraph.
Article 13 (Issuance of a Cargo Exchange Bill)
When we issue a cargo exchange bill at the request of the shipper, we will issue it after we have received delivery of the entire shipment. However, we will not issue such a certificate for the following cargoes
(i) Valuable and dangerous goods
(ii) Plants, seedlings and fresh flowers
(iii) Animals
(iv) Live fish and other perishable or perishable goods
(v) Fluids (excluding alcoholic beverages, vinegar, soy sauce, soft drinks, and oils that are not likely to ignite or catch fire)
(vi) Dirty goods
(vii) Goods consigned for collection of goods
(viii) Bulk cargo
Article 14 (Carriage of Animals, etc.)
When we accept carriage of animals or other goods requiring special care, we may request the shipper or consignee to do the following
(i) to designate a date and time for bringing in or receiving at our office
(ii) to provide an escort for the carriage of said cargo.
Article 15 (Special Provisions Concerning Dangerous Goods)
The shipper shall clearly notify us in advance of any goods which are likely to cause explosion, ignition or other danger in transit, and shall clearly indicate such matters in a conspicuous place on the outside of such goods.
Article 16 (Liaison Transportation or Carriage by Use)
We may, to the extent not detrimental to the interests of the shipper, carry the accepted cargo in liaison with other transportation service providers, or use transportation performed by other freight carriers or other transportation service providers.
Section 3 Loading or Unloading
Article 17 (Loading or Unloading)
Loading or unloading of cargo shall be made at our responsibility.
(2) Sheets, ropes, timbers, bails, fillers and other loading materials shall be borne by the shipper or consignee, except those normally provided by the freight forwarder.
Section 4 Receipt and Delivery of Cargo
Article 18 (Place of Receipt and Delivery)
We will receive the cargo from the shipper or a person designated by the shipper at the place of shipment stated or declared on the waybill and deliver the cargo to the consignee or a person designated by the consignee at the place of destination stated or declared on the waybill.
Article 19 (Delivery to Administrator, etc.)
In any of the following cases, delivery of the cargo to any of the persons listed in the following items shall be deemed to be delivery to the consignee
(i) if the consignee is not present at the place of delivery, a person living with the consignee at the place of delivery, an employee or a person equivalent thereto
(ii) if the place of delivery is a vessel, a dormitory, an inn, etc., the manager of the vessel, a dormitory, an inn, etc., or a person equivalent thereto.
Article 20 (Exercise of Right of Retention)
We will not deliver the goods unless we receive payment of the freight, charges, etc. or payment for goods, etc. to be received with respect to the goods.
(2) If the shipper, who is a merchant, fails to pay the freight, charges, etc. by the due date with respect to the contract of carriage concluded with us for his/her business, we may not deliver the cargo owned by the shipper and in our possession under the contract of carriage with such shipper unless we receive such payment.
Article 21 (Receipt and Redemption Security Nature of a Cargo Exchange Bill)
When we issue a cargo exchange bill, we will not deliver the cargo except in exchange for it.
(2) When the bearer of a cargo exchange certificate has lost the cargo exchange certificate, we will not deliver the relevant cargo unless he/she files a petition for public notice and provides reasonable security by showing that he/she is the rightful owner of the cargo exchange certificate.
(3) The security set forth in the preceding paragraph shall be returned after the judgment of discharge becomes final and binding.
Article 22 (Notice of Instruction)
When we are unable to ascertain the consignee, we may, without delay, demand the shipper to give instructions to dispose of the cargo for a reasonable period of time.
(2) In the following cases, we may, without delay, demand the consignee to accept the cargo for a reasonable period of time, and after the expiration of such period, we may further demand the shipper to give the same contents as the instruction prescribed in the preceding paragraph
(i) where there is a dispute as to the delivery of the goods; or
(ii) when the consignee fails or refuses to receive the cargo or is unable to receive it for any other reason.
Article 23 (Deposit of Undeliverable Goods)
In the event that we are unable to ascertain the consignee or in the cases listed in each item of paragraph 2 of the preceding Article, we may deposit the cargo with a warehouse operator at the consignee’s expense.
2 When we deposit cargoes pursuant to the preceding paragraph, we will notify the shipper or consignee thereof without delay.
(3) When we have made warehouse receipts in the case of deposit of cargoes pursuant to the provision of paragraph (1), we may substitute delivery of the cargoes for delivery of the receipts.
(4) In the event that there is a request for delivery of the cargo deposited pursuant to the provision of paragraph (1), when we have made warehouse receipts for such cargo, we may retain such warehouse receipts until we receive payment of the freight, charges, etc. and expenses incurred for the deposit.
Article 24 (Deposit of Undeliverable Goods)
We may deposit such goods in the event that we are unable to ascertain the consignee or in the cases listed in each item of Article 22(2).
2 When we deposit the cargo pursuant to the preceding paragraph, we will notify the shipper or consignee thereof without delay.
Article 25 (Auction of Undeliverable Goods)
When we have requested the shipper to give instructions pursuant to Article 22 and the shipper does not do so, we may auction the cargo.
2 When we have auctioned cargoes pursuant to the preceding paragraph, we will notify the shipper or consignee thereof without delay.
(3) When we have conducted an auction pursuant to the provision of paragraph (1), we shall appropriate all or part of the price to the freight, charges, etc. and expenses required for requesting instructions and conducting the auction, and if there is any shortage, we shall demand payment thereof from the shipper, and if there is any surplus, we shall deliver or deposit such surplus to the shipper.
Article 26 (Voluntary Sale of Undeliverable Goods)
In the event that we are unable to ascertain the consignee or in the cases listed in each item of Article 22 paragraph (2), if the goods are perishable or alterable and there is no time to take the procedures under Article 22, we may, without following such procedures, have an impartial third party attend the sale, (2) The sale pursuant to the preceding paragraph may be conducted in the presence of an impartial third party.
(2) The provisions of paragraphs (2) and (3) of the preceding article shall apply mutatis mutandis to a sale under the preceding paragraph.
Section 5 Directions
Article 27 (Right of Disposition of Cargo)
The shipper or the holder of a Bill of Lading may give instructions to NCA to suspend carriage, return, forward or otherwise dispose of the cargo.
(2) The shipper’s right provided for in the preceding paragraph shall be extinguished if the consignee requests delivery of the shipment after it has reached the Destination.
(3) When giving instructions under paragraph (1) above, the shipper shall submit a written instruction if requested by NCA.
(4) The bearer of the cargo exchange certificate shall present the relevant cargo exchange certificate when he/she intends to give the instruction under paragraph (1).
Article 28 (Refusal to Accept Direction)
We may refuse to accept a direction under paragraph (1) of the preceding Article if we deem that there is a risk of causing an impediment to Carriage.
(2) When we do not accept the instruction pursuant to the preceding paragraph, we will notify the shipper or the holder of the shipment receipt to that effect without delay.
Section 6 Accidents
Article 29 (Measures to be taken in case of accident)
We will, without delay, request the shipper or the holder of the shipment receipt to give instructions for the disposition of the shipment for a reasonable period of time in the following cases
(i) when we find significant loss, damage or other loss or damage to the cargo
(ii) when the original route or method of Carriage is no longer practicable; or
(iii) when such Carriage must be suspended for a reasonable period of time.
(2) In the case of each item of the preceding paragraph, if we do not have time to give instructions, or if we do not receive instructions as specified in the preceding paragraph within the period of time determined by us, we may, at our discretion, suspend or return the shipment, change the route or method of carriage or take other appropriate measures for the benefit of the shipper or the holder of the shipment receipt. (3) If we are instructed to do so pursuant to the provisions of paragraph (1), we may, at our discretion, cancel or return the Carriage of the relevant shipment or change the route or method of Carriage or take other appropriate measures.
(3) The provisions of the preceding Article shall apply mutatis mutandis to an instruction under paragraph (1).
Article 30 (Disposition of Dangerous Goods, etc.)
We may, whenever necessary, unload, destroy or otherwise dispose of any cargo which may cause explosion, ignition or other danger to the carriage of which we have not clearly announced and stated in accordance with Article 15, in order to eliminate such danger. The same shall apply in the event that said cargo is likely to cause damage to others when a clear notice and statement have been made in accordance with the provisions of the said Article.
(2) All expenses required for disposal under the first sentence of the preceding paragraph shall be borne by the shipper.
3 When we have disposed of the cargo in accordance with the provisions of paragraph 1, we will notify the shipper thereof without delay.
Article 31 (Issue of Accident Certificate)
When we are requested to certify the total loss of a shipment, we will issue an accident certificate only within one month from the date of expiration of the period of delivery of the shipment.
(2) When we receive a claim for proof of partial loss, damage or delay in delivery of a shipment with respect to the quantity, condition or date of delivery, we will issue an Accident Certificate only on the date of delivery of such shipment. However, under special circumstances, a certificate may be issued even after the date of delivery of said cargo.
Section 7 Fares and Charges
Article 32 (Fares and Charges)
Fares and charges and the method of application thereof shall be in accordance with the tariff of fares and charges separately provided by us.
2. Fares and charges for individuals (excluding those for persons who are parties to a contract of carriage as a business or on behalf of a business) and the method of application thereof shall be posted at the storefront of the business office or other place of business.
Article 33 (Method of Receiving Freight, Charges, etc.)
We shall collect the freight, charges, etc. from the shipper by the time we receive the cargo.
(2) In the case of the preceding paragraph, if the amount of freight, charges, etc. is not fixed, we will receive an advance of the estimated amount and refund or collect the excess or deficiency from the shipper after the freight, charges, etc. are fixed.
3 Notwithstanding the provisions of Paragraph 1, we may allow the freight, charges, etc. to be collected from the consignee prior to the time of delivery of the cargo.
Article 34 (Late Charges)
When the shipper or consignee fails to pay the freight, charges, etc. by the time of delivery of the cargo, we may demand payment of late charges at the rate of 14.5 percent per annum for the period from the day following the day of delivery of the cargo to the day when the freight, charges, etc. are paid.
Article 35 (Right to Demand Freight Charges)
We will not demand freight charges, fees, etc. when all or part of the cargo is lost due to natural disasters or other unavoidable reasons or for which we are responsible. In this case, if we have already received all or part of the freight, charges, etc., we will refund them.
2 In the event that all or a part of the cargo is lost due to its nature or defect or due to reasons attributable to the shipper, we will collect the full amount of the freight, charges, etc.
Article 36 (Accident, etc. and Freight Charges, Fees, etc.)
When we have made a disposition pursuant to the provisions of Articles 27 and 29, we will collect freight, charges, etc. according to such disposition or according to the proportion of carriage already performed. However, if all or part of the freight, charges, etc. have already been collected for the shipment, if there is any shortage, the shipper or consignee shall be requested to pay the same, and if there is any surplus, the same shall be refunded to the shipper or consignee.
Article 37 (Discontinuance Charge)
When we accept instruction to discontinue carriage, we may charge a discontinuance charge, except when the discontinuance is due to reasons for which the shipper or the bearer of the shipment receipt is not responsible. However, this shall not apply when the shipper or the holder of the shipment receipt cancels the carriage at least one day prior to the day on which loading of the cargo should have taken place.
(2) The charges for cancellation set forth in the preceding paragraph shall be as follows
(i) in the case of Carriage of laden cargo, ¥500 per contract of Carriage
(ii) in the case of Carriage of Chartered Freight, ¥2,500 per car.
Section 8 Liability
Article 38 (Commencement of Liability)
Our liability for loss of or damage to cargo shall commence at the time when we receive the cargo from the shipper.
Article 39 (Liability and Evidence)
We shall be liable for damages for loss of, damage to or delay in arrival of the cargo unless we prove that we or our servants or other persons employed for the carriage have not taken due care in receiving, delivering, keeping and transporting the cargo.
Article 40 (Liability for Carriage of Carriage of Goods Requiring Special Care)
With respect to Carriage of animals or other goods requiring special care, we shall not be liable for special care of such goods if they are accompanied by an attendant pursuant to item (ii) of Article 14.
Article 41 (Liability for Shipper’s Declaration, etc.)
We shall not be liable for any statement of the name, quality, weight, volume or value of the goods, the contents of which are not readily ascertainable, when such statement is made in the waybill or the shipper’s declaration on the consignment note or notice of shipment, etc.
Article 42 (Liability for Incomplete Description, etc. of Waybill, etc.)
We shall not be liable for any damage caused by any untrue or incomplete description in the waybill or outer label, etc. or declaration by the shipper.
2 In the case of the preceding paragraph, if we suffer any damage, the shipper must compensate us for such damage.
Article 43 (Exemption from Liability)
We shall not be liable for any loss, damage, delay or other damage to the cargo for any of the following reasons
(i) defect, natural wear and tear, insect or rat damage to said cargo
(ii) ignition, explosion, swell, mildew, rot, discoloration, rust or any other similar cause due to the nature of said cargo
(iii) Dismissal, neglect, social disturbance or other incident, or robbery
(iv) Fire caused by force majeure
(v) earthquake, tsunami, storm surge, heavy water, storm, landslide, landslide, or other natural disaster
(vi) Injunction, opening, confiscation, seizure, or delivery to a third party of the Carriage due to the invocation of laws and regulations or public authority
(vii) willful misconduct or negligence on the part of the shipper or consignee.
Article 44 (Special Provisions for Valuable Goods)
We shall not be liable for damages for valuables unless the shipper, in making an offer, specifies the kind and value of the goods.
Article 45 (Special Extinguishing Circumstances of Liability)
Our liability for partial loss or damage of a shipment shall be extinguished when the consignee receives the shipment without retaining it. However, this shall not apply in the event of damage or partial loss of the cargo which cannot be immediately discovered, if notice thereof is given to us within 2 weeks from the date of delivery of the cargo.
2 The provisions of the preceding paragraph shall not apply in the event of malicious intent on our part.
Article 46 (Amount of Damages)
The amount of damages in the case of total loss of the goods shall be determined by the value of the goods at the place of destination on the date on which they were to be delivered.
(2) In the case of partial loss or damage to the cargo, the amount of damages shall be determined by the difference between the value at the place of destination on the date of delivery of the cargo and the value of the cargo as it would have been had the cargo not been partially lost or damaged.
(3) Any freight, charges, etc. not required to be paid by the shipper or consignee due to the loss of the cargo pursuant to Article 35 paragraph (1) shall be deducted from the compensation under the preceding two paragraphs.
(4) In the case of paragraphs (1) and (2), if there is any dispute as to the value of the cargo at the place of destination or the amount of damage, the amount shall be determined by an appraisal or assessment by an impartial third party.
5 In the event of delay in arrival of cargo, the amount of compensation for damages shall be limited to the total amount of freight, charges, etc.
Article 47
Notwithstanding the provisions of the preceding Article, in the event of loss, damage or delay of arrival of cargo due to our malice or gross negligence, we will compensate for all damages caused thereby.
Article 48 (Prescription)
1 Our liability shall be extinguished by prescription when one year has elapsed from the date of receipt of the cargo by the consignee.
(2) In the case of total loss of the cargo, the period set forth in the preceding paragraph shall be counted from the date on which the cargo should have been delivered.
(3) The provisions of the preceding two paragraphs shall not apply in the event of bad faith on our part.
Article 49 (Liability for Carriage by Use)
Even in the event that we perform Carriage by use of another Cargo Carrier or another transportation service, our liability for carriage shall be borne by us in accordance with these Conditions of Carriage.
Article 50 (Acquisition of Rights Based on Compensation)
When we have compensated for the entire value of the cargo, we shall acquire all rights with respect to such cargo.
Section 9 Liaison Carriage
Article 51 (Through Waybill, etc.)
When we accept carriage of a shipment for Liaison Carriage and make the first carriage (hereinafter in this Section referred to as “case of Liaison Carriage”). (1) In the case of a “Liaison Carriage”, when we request a waybill, the shipper must submit a waybill for the entire shipment.
- In the case of Liaison Transportation, when we receive a request for a freight bill of lading from the shipper, we will issue a freight bill of lading for the entire shipment.
Article 52 (Collection of Freight, Charges, etc.)
In case of Liaison Transportation, we will collect freight, charges, etc. for the entire transportation by the time we receive the cargo.
2 Notwithstanding the provisions of the preceding paragraph, we may allow the freight, charges, etc. for the entire transportation to be collected from the consignee by the time when the last carrier who has performed the transportation delivers the cargo.
3 In the case of paragraph (1), if the amount of freight, charges, etc. is not fixed, the provisions of Article 33 paragraph (2) shall apply mutatis mutandis.
Article 53 (Rights of Intermediary Carrier)
In case of Liaison Transportation, the carrier after us shall exercise his/her rights on our behalf.
Article 54 (Principle of Liability)
In case of Liaison Transportation, we shall be jointly and severally liable with other carriers for any loss, damage or delay in arrival of cargo.
Article 55 (Application of Conditions of Carriage, etc.)
In the case of Corresponding Transportation, with respect to transportation performed by another carrier, the provisions of such carrier’s Conditions of Carriage or regulations concerning transportation shall apply. However, in the event of loss of, damage to or delay in arrival of cargo, and in the event that the carrier who has caused such damage is not identified, any claim for compensation for damage shall be governed by these Conditions of Carriage.
Article 56 (Period of Delivery)
In case of Corresponding Carriage, the period of delivery shall be the period of delivery calculated in accordance with each carrier’s Conditions of Carriage or other regulations concerning carriage, or the equivalent thereof, plus one day for each transportation service.
Article 57 (Handling of Affairs Concerning Compensation for Damage)
In the case of Correspondence, compensation for loss of, damage to or delay in arrival of cargo shall be paid by the carrier who received the claim after investigating the extent of the damage and determining the amount of compensation for damage.
Article 58 (Reservation of Claim for Compensation for Damage)
In the case of Correspondence Carriage, the reservation or notice referred to in Article 45 paragraph (1) may be made to any of the carriers who performed the carriage.
Chapter III Incidental Business
Article 59 (Incidental Business)
We shall collect payment for goods, advance payment of accounts receivable, packing, sorting and storage of cargo and other business incidental to the business of motor truck transportation (hereinafter referred to as “Incidental Business”). (2) In the event that the Company undertakes to perform incidental services (hereinafter referred to as “incidental services”), the Company shall collect the actual costs incurred.
2 Except as otherwise provided, the provisions of Chapter II shall apply mutatis mutandis to incidental services to the extent that their nature permits.
Article 60 (Collection of Payment for Goods)
We will accept any additional or changed collection of the payment for goods only prior to the shipment of such goods.
(2) We will not refund the collection charge for the payment of the Purchase Price if the shipper cancels the consignment of the collection of the Purchase Price or if the collection of the Purchase Price becomes impossible due to reasons for which the shipper or consignee is responsible after the shipment of the consignment for which the collection of the Purchase Price has been consigned.
Article 61 (Insurance Coverage)
Upon application for carriage, if the shipper accepts our offer, we will undertake to conclude transportation insurance at the shipper’s expense.
(2) Premium rates and other matters relating to transportation insurance shall be posted at the store.
Unique Special Terms and Conditions
In providing this service, the “Standard Conditions of Cargo and Light Motor Vehicle Transportation” published by the Ministry of Land, Infrastructure, Transport and Tourism shall be the basis, but in consideration of the characteristics of our service, the following special terms and conditions are separately established. These are applied separately from the Standard Conditions of Carriage and constitute a part of these Conditions of Carriage.
Special Agreement on Compensation for Damages
Article 1 (Limitation of Liability for Damages)
The Company shall not be liable for any damages, losses, or causes of action arising in connection with the provision of this service, except to the extent caused by the Company’s own fault, and in any case, the maximum liability per item of luggage shall be limited to JPY 100,000 (including tax).
However, this limitation shall not apply in cases where the damage was caused by the willful misconduct or gross negligence of the Company.
Article 2 (Disclaimer of Liability Due to Inaccurate or Incomplete Information)
The Company shall not be liable for any damages incurred by the user in cases where delivery could not be executed or luggage was refused by the accommodation provider due to inaccurate entries, omissions, or other deficiencies in the information provided by the user, or the failure to provide required information as specified by the Company.
Article 3 (Handling of Locations Outside the Designated Delivery Area)
If the user designates a hotel located outside the Company’s designated delivery area (Kyoto City or the 23 wards of Tokyo), the Company may decline the delivery request.
In such cases, the Company will cancel the relevant booking and fully refund any fees already paid. However, the Company shall not be liable for any accommodation fees, transportation costs, or other expenses incurred by the user as a result.
Article 4 (Refusal of Receipt by Accommodation Facility, etc.)
If permission to receive luggage at the designated hotel is not obtained, our company shall cancel the delivery and refund the full delivery fee. However, we shall not be liable for any accommodation fees, transportation expenses, or any other costs incurred by the user as a result thereof.
Article 5 (Deadline and Method for Damage Claims)
If the user discovers loss, damage, or any other issues with the luggage after receipt, the user must notify the Company within 72 hours of receipt through the inquiry form on the Company’s website or via an email address designated separately by the Company (hereinafter referred to as the “Designated Contact”).
Even if the user notifies the accommodation front desk of such damage, such notification shall be deemed as notification to the Company.
If notification is not made within the 72-hour period specified above, the Company shall bear no liability for any such damage. However, this shall not apply in cases where the damage was caused by the willful misconduct or gross negligence of the Company.
Article 6 (Delivery Delays)
The user acknowledges in advance that delivery delays may occur due to traffic conditions, adverse weather, or other unavoidable circumstances.
The Company shall not be liable for any damages incurred by the user as a result of delivery delays caused by the reasons stated in the preceding paragraph (including, but not limited to, missed flights or bullet trains, accommodation fees, transportation expenses, and other costs), unless such delays are attributable to the Company’s negligence.
In the event of a delivery delay, the Company will promptly notify the user of the situation via the contact information designated by the user.
Even if a delivery delay occurs due to the Company’s willful misconduct or gross negligence, the Company’s liability for damages shall not exceed the maximum amount specified in Article 1.