International Courier Service
Terms and Conditions
Chapter 1 General Provisions
- These general terms and conditions shall apply to the "International Courier Service" (Ryutsu Oh) of SCORE Japan Co.
- This service is provided for international carriage of cargo (or international carriage of cargo performed by a freight forwarder using such carriage) performed by an air carrier (a person who operates an air transport service as defined in Article 2, Paragraph 16 of the civil aeronautics Act (Act No. 231 of 1952)) in accordance with Article 2, Paragraph 8 of the Freight Forwarding Business Act (Act No. 82 of 1989). The shipper is to provide this service as a business prescribed in Article 2, Paragraph 8 of the Consigned Freight Forwarding Business Act (Act No. 82 of 1989).
- The shipper agrees to these Conditions of Carriage and the regulations established thereunder.
- International Courier Service" means door-to-door carriage or acceptance or arrangement of carriage from the shipper to the consignee and incidental services incidental thereto at "through freight charges".
- International Courier Freight" means one or more pieces of parcels consigned by We under the provisions of these Conditions of Carriage from one shipper to one consignee at one time, at one place, treated as one package, addressed to one consignee at one destination, and carried on one waybill. (Hereinafter referred to as "cargo")
- "Company" means Score Japan Corporation, which provides "International Courier Service" (Ryutsu Oh).
- "International Courier Waybill" means a document prepared by or on behalf of the shipper, evidencing a contract between the shipper and the Company for the International Courier Service. (hereinafter referred to as "Waybill")
- "Shipper" means the party whose name appears on the waybill as the party who has entered into a contract with We for the carriage of the shipment.
- "Consignee" means the party whose name appears on the waybill as the party to whom We is to deliver the shipment.
- "Convention" means whichever of the following is applicable
- Convention for the Unification of Certain Rules for International Carriage by Air" signed at Warsaw, October 12, 1929 (hereinafter referred to as "Warsaw Convention").
- The "Warsaw Convention as amended at The Hague in 1955" signed at The Hague on September 28, 1955 (hereinafter referred to as the "Amended Warsaw Convention")
- Warsaw Convention as amended at The Hague in 1955" as amended by Protocol No. 4 of Montreal signed at Montreal on September 25, 1975 (hereinafter referred to as "Protocol No. 4 of Montreal")
- Convention for the Unification of Certain Rules for International Carriage by Air", made at Montreal on May 10, 1999 (hereinafter referred to as the "Montreal Convention")
- "SDR" means Special Drawing Rights (Special Drawing Rights/SDRs) as defined by the International Monetary Fund.
Chapter 2 Underwriting of Carriage
- When the shipper undertakes carriage of cargo, the shipper must prepare a waybill for each unit of cargo. We may prepare the waybill on behalf of the shipper at the shipper's request, but the shipper is responsible for the contents of the waybill.
- The shipper is responsible for the contents of the waybill.
- Shipper's name, address, and telephone number
- Consignee's name, address, and telephone number
- Description
- Shipper's signature, date and time
- Company's signature, date and time of receipt
- Declared Price
- Number of pieces and weight
- Any other information required by the Company
The shipper shall prepare and deliver to us a customs invoice for each unit of cargo based on the contents of the cargo, if required for customs clearance procedures.
We may inspect the cargo for necessary matters as we deem necessary. However, such inspection does not guarantee that the carriage of such cargo will not violate the laws and regulations of the country from which the cargo is to be shipped, transit, or destination.
The shipper shall be responsible for packing the cargo and shall make it suitable for carriage. If the packing is found to be unsuitable for carriage, NCA will require the shipper to make the necessary packing or will make the shipment suitable for carriage at the shipper's expense.
We may refuse to accept carriage in the following cases
- when the application for carriage is not in accordance with these Conditions of Carriage
- when the packing is unsuitable for carriage; or
- We are requested by the shipper to bear any special burden in connection with the carriage.
We will not accept carriage of the following cargoes
- The weight, volume or value of the shipment exceeds the provisions specified by us
- When the cargo falls under any of the following articles
- Gold, silver, platinum and other precious metals, precious and semi-precious stones including diamonds, national currencies (banknotes and coins), jewelry of any kind, and other valuables
- Securities (except in cases where a special contract has been made and insured in writing)
- Letters or other means of communication defined as letters under current law
- Plants and animals
- Bodies
- Deformable articles
- Explosives for small arms and firearms
- Explosives
- Compressed gases
- Flammable liquids and solids, flammable solids
- Flash bulbs for photographic purposes
- Magnetic substances
- Mercury
- Acids and other corrosives, all bases and acids
- Oxidizing agents
- Poisons
- Vaporous substances
- Defined as dangerous goods (according to ICAO Dangerous Goods Regulations and IATA Dangerous Goods Regulations)
- Items legally prohibited for carriage
- Cargo whose transportation, export, import, etc. is prohibited or restricted by the laws of any exporting or importing country, including transit countries, state, local or federal government.
- Other items deemed inappropriate by us
- Fares shall be based on the "Through Fare Charges" as described in Article 2, paragraph 1, and shall be detailed in accordance with the tariff provided by We. The "through fare charges" shall include origin/destination collection and delivery charges, customs clearance charges, freight charges, handling charges, etc.
- It does not include customs duties, domestic consumption tax, value-added tax, deposits, fines, surcharges or other contributions. If We has paid any of these charges, the consignee shall immediately pay them to We in full.
- If We accepts a contract of insurance for carriage at the request of the shipper, We will collect the insurance premium in addition to the through freight charges.
- If We provides procedures or work beyond the normal scope at the request of the shipper or consignee, We shall collect the costs and contributions from the client.
- If the consignee fails to pay the amount owed, the shipper shall be held responsible for such failure.
- The schedule of charges is subject to revision due to revisions in airfreight rates or other economic changes.
As a general rule, freight charges shall be paid at the time of acceptance for carriage. In exceptional cases, freight charges may be accepted upon payment on delivery. In such cases, if the consignee does not pay the charges, the shipper shall be liable for them.
We shall be entrusted with the means, routes and procedures to be taken in the handling, storage, customs clearance and carriage of the cargo and shall use the best available methods.
Chapter 3 Delivery of Goods
We will deliver the cargo to the consignee at the place stated in the waybill.
However, if the consignee is not present at the place of delivery or if We is unable to
deliver the cargo directly to the consignee, We shall, unless otherwise agreed with the
shipper, deliver the cargo to the consignee's agent or a person deemed to be an agent
(such as a consignee's handling agent, administrator, family member, roommate, neighbor,
or associate of the consignee who accepts delivery of the cargo on behalf of the
consignee). (2) The consignee may deliver the cargo to a person who is deemed to be the
consignee (such as a consignee handling agent, administrator, family member, roommate,
neighbor or colleague of the consignee who will accept delivery of the cargo on behalf
of the consignee).
- If We are unable to deliver the cargo because the consignee is not at the address stated in the waybill, or because the consignee fails or refuses to accept the cargo, or for any other reason, We will request the shipper to give instructions for the disposition of the cargo for a reasonable period.
- The shipper shall bear the costs incurred in requesting instructions as provided in the preceding paragraph and in disposing of the cargo in accordance with such instructions.
- In the absence of a request for instructions in accordance with paragraph 1 of the preceding article, We may sell or otherwise dispose of the cargo in accordance with the laws and regulations of the destination country after retaining it for a period of 30 days from the date of the request for such instructions. However, if the cargo is perishable or perishable, it may be sold or otherwise disposed of immediately.
- If We disposes of the cargo in accordance with the preceding paragraph, it will notify the shipper thereof without delay.
- When We disposes of the cargo in accordance with the provisions of paragraph (1) above, We shall apply the proceeds to the request for instructions and to the expenses incurred in the storage and disposal of the cargo and any other advances, and if there is any shortage, We shall demand payment from the shipper, and if there is any surplus, We shall return the same to the shipper.
- We shall have a right of retention over the shipment for the recovery of freight, charges, advances and all other charges incurred under the Conditions of Carriage and may refuse delivery of such shipment until such charges are paid.
- We hereby reserve the right to refuse delivery of any shipment of the shipper in our possession under the contract of carriage with such shipper until all costs incurred under the contract of carriage entered into with the shipper have been paid.
- The liability of our company shall be as follows Our liability shall be limited to the amount of the loss or damage arising out of or in connection with the carriage of the cargo or other services incidental thereto, except to the extent that the convention or other applicable Laws provide otherwise and unless the provisions of this Article are invalid because they exempt or provide a lower limit of liability for us than is provided by such Convention or applicable laws.
- Except as provided in paragraph 3, we shall be liable for loss or damage ("loss,
etc.") or delay arising out of the carriage of the shipment or other services we
perform incidental thereto, if such loss, etc. or delay occurred during carriage.
However, we shall not be liable if the loss, etc. or delay is not caused by any of
the following or if it is proved that the loss, etc. or delay was not caused by our
willful misconduct or negligence
- Inherent defects in the cargo, natural wear and tear
- Incomplete or defective description of required items such as packing condition, address, symbols, numbers, etc.
- Ignition, explosion, steaming, mold, decay, discoloration, rust, or any other similar cause due to the nature of the cargo
- Damage due to the effects of X-rays, radiation, magnetism, etc.
- Allied strike, allied neglect, social disturbance, hijacking, terrorist act, robbery, incident, war and war-like acts, etc.
- Fire and other disasters due to force majeure
- Unforeseeable and unusual traffic obstacles, navigational hazards, rescue and salvage acts
- Earthquakes, tsunamis, storm surges, floods, storms, landslides, landslides, and other natural disasters
- Injunction of carriage, unpacking, inspection, confiscation, seizure or delivery to a third party of the cargo due to invocation of laws, regulations or public authority
- Errors, omissions, false entries or declarations in entries or declarations for which the shipper is responsible, or other intentional or negligent acts of the shipper or consignee
- We shall be liable for loss or damage (hereinafter referred to as "loss, etc." and
not including delay) arising out of or in connection with the carriage of any
shipment covered by Montreal Protocol No. 4 or the Montreal Convention or any other
services performed by We in connection therewith, only if such loss, etc. occurred
during carriage. However, we will not be liable for loss, etc., if the loss, etc.,
is caused solely by
- any inherent defect in or nature of the cargo
- Defects in packing by any person other than We, its employees or agents
- War or armed conflict
- Laws, governmental regulations, orders or instructions concerning the import, export or transit of the cargo
- Except as provided in paragraph 5, in no event shall our liability for loss, etc. be limited to U.S.$20 per kilogram of the actual weight of the damaged shipment, unless it is proved that the damage was caused by the intentional or gross negligence of us, our employees or agents.
- Our liability for loss or damage in the case of carriage of shipments covered by Montreal Protocol No. 4 or the Montreal Convention shall in no event be limited to 17 SDR per kilogram of the actual weight of the damaged shipment.
- Not with standing paragraphs 4 or 5 above, the shipper may declare a value on the waybill, paying the surcharge required at the time of acceptance of the shipment. In such case, the declared value shall be our limit, to the extent that such value is justified.
- In the case of any of clauses (4), (5) or (6) above, Our liability for damages shall not exceed the actual purchase price of the goods, the normal value of goods of the same kind and quality or, in the absence of either, the actual amount of damage to such goods calculated on the basis of the value of such goods as may be considered reasonable within these limits.
- Our liability for delay of a shipment shall be limited to the amount of freight and charges for such shipment.
- We are not liable for any indirect damage other than damage caused by delay. We shall be liable only for physical damage directly caused to the shipment and not for indirect damage resulting therefrom. Such indirect damages shall include, but not be limited to, lost profits, interest and utility, and loss of business opportunities.
- In the case of litigation, the rate of exchange in effect on the date of the conclusion of the last oral argument shall apply to the currency conversion for damages, and in the case of non-litigation, the rate of exchange in effect on the date the amount of damages to be paid is fixed shall apply to the currency conversion.
- We reserve the right to suspend carriage, inspect, remove, destroy, destroy or render harmless the cargo at any time and at any place, depending on the circumstances, if any injury to persons or other property is caused or is deemed to be caused by the nature or defect of the cargo during carriage.
- We shall not be liable for any damage resulting from these risk avoidance measures.
- The delivery of the cargo to the consignee without complaint, or the signing (or sealing) of receipt and acceptance of the cargo without any accident on the receipt, shall be evidence that the cargo has been carried in good order and in accordance with the contract of carriage.
- No claim for damages in respect of the cargo shall be entertained by us unless made
in writing to us within the following time limits
- in the case of damage to the cargo, within 14 days from the date of receipt of the goods by the consignee.
- In case of delay, within 21 days from the date of receipt of goods by the consignee.
- Within 120 days from the date of issue of waybill in case of loss of shipment.
- An action for liability must be brought within a period of 2 years reckoned from the date of delivery of the cargo to the consignee at the place of arrival, from the date on which it ought to have been delivered, or from the date of cessation of carriage.
- The method of calculating the period of limitation in the preceding paragraph shall be in accordance with the provisions of the law of the country of origin.
- Any action against the Company shall be brought before the court of the domicile of the Company in the State of origin, the place of its principal place of business or the place of business where the Company has entered into a contract.
- The procedure for filing a suit against SKY shall be governed by the laws of the country of origin.
If any provision of these General Terms and Conditions is contrary to any treaty, law, governmental regulation, order or requirement, such provision shall apply to the extent not in conflict with such law, and the invalidity of any such provision shall not affect any other provision.
Hiroharu Suzuki