Terms of carriage

(Type of business)

Article 1 We engage in Type 1 freight forwarding business relating to the transport of goods by motor truck carriers (meaning the business prescribed in Article 2, paragraph 7 of the Freight Forwarding Business Act (Act No. 82 of 1989)).

2. We also engage in businesses incidental to the business under the preceding paragraph.

(Scope of application)

Article 2 Our freight forwarding business is governed by these Terms. Matters not provided for in these Terms are governed by laws and regulations or general customs.

2. Notwithstanding the preceding paragraph, we may accept an application for special terms to the extent permitted by law.

(Reception days and hours)

Article 3 We will set our business reception days and hours and display them at our office or publish them on our website.

2. If we change the reception days and hours under the preceding paragraph, we will display the change at our office or publish it on our website in advance.

(Order of freight forwarding)

Article 4 We carry out freight forwarding of goods in the order in which applications are received. However, this does not apply when transporting goods liable to decay or deteriorate or when there is another justifiable reason.

(Delivery period)

Article 5 The delivery period for our goods is the sum of the following numbers of days.

1. Dispatch period: two days, including the day on which the goods are received.

2. Transport period: one day for every 170 kilometers of transport distance used to calculate freight charges and fees. Any fraction of a day is counted as one full day.

3. Pickup and delivery period: one day each where pickup and delivery are performed.

2. If the goods are delivered after expiry of the delivery period under the preceding paragraph, the delivery is deemed delayed.

(Application for freight forwarding)

Article 6 A person applying to us for freight forwarding of goods (hereinafter "applicant") must submit a freight forwarding application stating the following matters.

1. The applicant's name or trade name, address, and telephone number.

2. The name, quality, and weight or volume of the goods, and the type and number of packages.

3. Requested dates and times of pickup and delivery, or dispatch and arrival.

4. Pickup and delivery points, or place of dispatch and destination (including the name and telephone number of a housing complex, apartment building, or other high-rise building).

5. Handling category of transport.

6. Method of paying freight charges; fees (including waiting-time fees under Article 33, loading or unloading fees under Article 51, and ancillary-service fees under Article 52, paragraph 1); fuel surcharges; toll road charges; advances; and other expenses (hereinafter collectively "freight charges, fees, and other charges").

7. The consignee's name or trade name, address, and telephone number.

8. For high-value goods, their type and value.

9. Whether loading or unloading under Article 51 is entrusted to us. 10. Whether ancillary services under Article 52, paragraph 1 are entrusted to us.

11. Whether the purchase of transport insurance is entrusted to us.

12. Details of any special agreements.

13. A statement that the applicant agrees to these Terms.

14. Any other matters necessary for the transport of the goods.

2. If we have established an electronic method of applying for freight forwarding (meaning a method that uses an electronic information processing system or other information and communications technology specified by us; the same applies below), the applicant may submit the information required in the freight forwarding application under the preceding paragraph by that method instead of submitting the application. In that case, the applicant is deemed to have submitted the freight forwarding application.

(Acceptance of freight forwarding)

Article 7 When an application for freight forwarding under paragraph 1 of the preceding Article has been submitted and, after consultation with the applicant, we agree to accept the freight forwarding, we will issue a freight forwarding acceptance document stating the following matters.

1. The scheduled dates and times of pickup and delivery, or dispatch and arrival.

2. Amount of freight charges, fees, and other charges.

2. With the applicant's prior consent, we may provide the information required in the freight forwarding acceptance document under the preceding paragraph by electronic means instead of issuing that document. In that case, we are deemed to have issued the freight forwarding acceptance document.

(Confirmation of the type and nature of goods)

Article 8 When an application for freight forwarding of goods is made, we may ask the applicant to disclose the type and nature of the goods.

2. If we doubt what the applicant has disclosed about the type or nature of the goods under the preceding paragraph, we may inspect the goods with the applicant's consent and in the applicant's presence.

3. If, after an inspection under the preceding paragraph, the type and nature of the goods are found to be as the applicant disclosed, we will compensate for damage caused by the inspection.

4. If an inspection under paragraph 2 finds that the type or nature of the goods differs from what the applicant disclosed, the applicant must bear the cost of the inspection.

(Refusal of acceptance)

Article 9 We may refuse to accept freight forwarding in any of the following cases.

1. The application for freight forwarding does not comply with these Terms.

2. If the applicant fails to give notice under paragraph 1 of the preceding Article or does not consent to an inspection under paragraph 2 of that Article.

3. If a motor truck carrier with equipment suitable for transport cannot be secured.

4. If the applicant requests a special burden from us in connection with the freight forwarding.

5. If the freight forwarding violates laws or regulations, public order, or good morals.

6. If there is a natural disaster or other unavoidable cause.

(High-value and valuable goods)

Article 10 In these Terms, "high-value goods" means the following.

1. Coins, paper money, banknotes, revenue stamps, postage stamps, government bonds, shares, bonds, gift certificates, and other securities; gold, silver, platinum, and other precious metals; iridium, tungsten, and other rare metals; diamonds, rubies, emeralds, amber, pearls, and other gemstones; ivory, tortoiseshell, coral, and products made from any of these.

2. Works of art and antiques.

3. Goods (excluding animals) valued at more than ¥20,000 per kilogram, including their container and packing.

2. The value per kilogram under paragraph 1, item 3 is calculated for each package.

3. In these Terms, "valuable goods" means the goods listed in paragraph 1, items 1 and 2.

(When the handling category of transport, etc. is unspecified)

Article 11 If, when applying for freight forwarding, the consignor (meaning an applicant who has received a freight forwarding acceptance document under Article 7, paragraph 1; the same applies below) fails to specify the handling category or other information necessary to transport the goods, we will transport them in the manner we consider most favorable to the consignor.

(Packing)

Article 12 The consignor must pack the goods to withstand transport, taking into account their nature, weight, volume, transport distance, handling category, and other relevant factors.

2. If the goods are inadequately packed, we will require the necessary packing, and the consignor must comply.

3. We may accept freight forwarding of inadequately packed goods if we consider that they will not damage other goods and the consignor agrees in writing to bear damage caused by the inadequate packing.

(External markings, etc.)

Article 13 The consignor must clearly mark the following matters on the outside of the goods. However, this does not apply to matters we consider unnecessary.

1. The names or trade names and addresses of the consignor and consignee.

2. Name of the goods.

3. Number of packages.

4. Other matters necessary for handling the goods.

2. With our approval, the consignor may substitute a tag stating the matters listed in the items of the preceding paragraph for the external marking required there.

(Transport of animals, etc.)

Article 14 If we accept freight forwarding of animals or other goods requiring special care, we may require the consignor or consignee to do the following.

1. Specify the date and time for pickup, drop-off, or collection at our office.

2. Provide an attendant for the transport of the goods.

(Transport of hazardous goods)

Article 15 For goods that may cause explosion, ignition, or other hazards in transport, the consignor must notify us in advance, clearly state on the waybill their name, nature, and other information necessary for safe transport, and clearly mark that information in a visible place on the outside of the goods.

(Alternative transport)

Article 16 Provided that the consignor's interests are not harmed, we may change the transport of goods accepted for freight forwarding to transport by another means of transport.

2. In the case described in the preceding paragraph, we bear responsibility for transport under these Terms.

(Stowage)

Article 17 We are responsible for stowing the goods.

2. Sheets, ropes, timber supports, base blocks, packing materials, and other stowage supplies are provided at the consignor's or consignee's expense, except for those normally supplied by a motor truck carrier.

(Place of receipt and delivery)

Article 18 We receive goods from the consignor or a person designated by the consignor at the pickup point or place of dispatch stated in the freight forwarding application, and deliver them to the consignee or a person designated by the consignee at the delivery point or destination stated in that application.

(Delivery to managers, etc.)

Article 19 In the following cases, delivery of the goods to the person specified in the relevant item is deemed delivery to the consignee.

1. If the consignee is absent from the delivery address, a person living with the consignee, an employee, or a person in a similar position at that address.

2. If the delivery address is a ship, dormitory, inn, or similar place, its manager or a person in a similar position.

(Exercise of a lien)

Article 20 We will not deliver the goods unless we receive payment of the freight charges, fees, and other charges or the price of the goods and other amounts payable in relation to them.

2. If a consignor who is a merchant fails to pay freight charges, fees, and other charges by the prescribed due date under a transport contract concluded with us for the consignor's business, we may withhold delivery of goods owned by that consignor and held by us under a transport contract with the consignor until payment is received.

(Request for instructions)

Article 21 If we cannot ascertain the consignee, we may, without delay, request the consignor to give instructions for disposing of the goods within a reasonable period specified by us.

2. If the consignee refuses or is otherwise unable to receive the goods, we may, without delay, request the consignee to receive them within a reasonable period specified by us and, after that period has passed, request the consignor to give the same instructions as provided in the preceding paragraph.

(Storage of undeliverable goods)

Article 22 If we cannot ascertain the consignee, or in the case described in paragraph 2 of the preceding Article, we may deposit the goods with a warehouse operator at the consignee's expense.

2. If we place goods in storage under the preceding paragraph, we will notify the consignor or consignee of that fact without delay.

3. If we have placed goods in storage under paragraph 1 and had a warehouse receipt issued, we may deliver that receipt instead of delivering the goods.

4. If delivery is requested for goods placed in storage under paragraph 1 and a warehouse receipt has been issued for them, we may retain that receipt until the freight charges, fees, and other charges and the storage expenses have been paid.

(Deposit of undeliverable goods)

Article 23 If we cannot ascertain the consignee, or in the case described in Article 21, paragraph 2, we may deposit the goods with a depository.

2. If we deposit goods under the preceding paragraph, we will notify the consignor or consignee of that fact without delay.

(Auction of undeliverable goods)

Article 24 If we have requested instructions from the consignor under Article 21, paragraph 1 and the consignor gives none, we may sell the goods by auction.

2. Notwithstanding the preceding paragraph, we may auction goods at risk of losing value because of damage or other causes without making the request under Article 21.

3. If we auction goods under the preceding two paragraphs, we will notify the consignor or consignee of that fact without delay.

4. If we auction goods under paragraph 1 or 2, we will apply the proceeds to freight charges, fees, and other charges and to the costs of the request and auction. We will claim any shortfall from the consignor and pay any excess to the consignor or deposit it with a depository.

(Private sale of undeliverable goods)

Article 25 If we cannot ascertain the consignee, or in the case described in Article 21, paragraph 2, and the goods are liable to decay or deteriorate and there is no time to follow the procedure under that Article, we may sell them in the presence of an impartial third party without following that procedure.

2. The provisions of paragraphs 3 and 4 of the preceding Article apply mutatis mutandis to a sale under the preceding paragraph.

(Right to dispose of goods)

Article 26 The consignor may instruct us to cancel transport of the goods, return them, forward them to another destination, or otherwise dispose of them.

2. The consignor may not exercise the right under the preceding paragraph if, after the goods have arrived at the destination, the consignee has requested delivery of the goods or compensation for damage.

3. If we request it when instructions are given under paragraph 1, a written instruction must be submitted.

(When instructions are not followed)

Article 27 We may decline to follow instructions under paragraph 1 of the preceding Article if we consider that they may impede transport.

2. If we do not follow instructions under the preceding paragraph, we will notify the consignor of that fact without delay.

(Measures in the event of an accident)

Article 28 In the following cases, we will, without delay, request the consignor to give instructions for disposing of the goods within a reasonable period specified by us.

1. If substantial loss of or damage to the goods, or other damage, is discovered.

2. If the original transport route or method can no longer be used.

3. If transport must be interrupted for a considerable period.

2. In the cases listed in the items of the preceding paragraph, if there is no time to await instructions or no instructions are given within the period we specify, we may, at our discretion and in the consignor's interests, cancel or return the transport of the goods, change the transport route or method, or take other appropriate measures.

3. The provisions of the preceding Article apply mutatis mutandis to instructions under paragraph 1.

(Disposal of hazardous goods)

Article 29 Goods that may cause explosion, ignition, or other hazards in transport and for which the notice and marking required by Article 15 were not given may, whenever necessary, be unloaded, destroyed, or otherwise disposed of by us to remove the transport hazard. The same applies if such notice and marking were given but the goods come to pose a risk of damage to others.

2. All expenses required for the disposition under the first sentence of the preceding paragraph are borne by the consignor.

3. If we make a disposition under paragraph 1, we will notify the consignor of that fact without delay.

(Issue of accident certificates)

Article 30 If a certificate is requested concerning the total loss of goods, we will issue an accident certificate only within one month after the expiry of the delivery period for those goods.

2. If a certificate is requested concerning partial loss of, damage to, or delayed delivery of goods, specifying their quantity, condition, or delivery date and time, we will issue an accident certificate only on the day the goods are delivered. However, in special circumstances, we may issue it after that day.

(Freight charges, fees, and other charges)

Article 31 Freight charges, fees, and other charges (excluding fuel surcharges), and the methods for applying them, are governed by the separate schedule of freight charges and fees established by us.

2. In addition to the freight charges, fees, and other charges under the preceding paragraph, we will collect a fuel surcharge separately determined according to the market price of the fuel we procure.

3. If either the consignor or we consider that the freight charges, fees, and other charges under paragraph 1 have become inappropriate because of changes in wage or price levels, that party may request the other party to discuss a change in the amount.

(Method of collecting freight charges, fees, and other charges)

Article 32 We will collect freight charges, fees, and other charges from the consignor by the time we receive the goods.

2. If the amount of freight charges, fees, and other charges is not fixed in the case described in the preceding paragraph, we will receive an advance payment of the estimated amount and, once the amount is fixed, refund any excess to the consignor or collect any shortfall from the consignor.

3. Notwithstanding paragraph 1, we may allow the freight charges, fees, and other charges to be collected from the consignee by the time the goods are delivered.

(Waiting-time fee)

Article 33 If, after a vehicle arrives at the place of origin or destination of the goods, it waits for a reason attributable to the consignor or consignee (including while the consignor or consignee performs loading or unloading under Article 51 or ancillary services under Article 52, paragraph 1), we will collect fees separately established by us according to the waiting time.

(Late payment fee)

Article 34 If the consignor or consignee has not paid the freight charges, fees, and other charges by the time we deliver the goods, we may charge a late payment fee at an annual rate of 14.5% for the period from the day after delivery until the date of payment.

(Right to claim freight charges)

Article 35 If all or part of the goods are lost or substantially damaged due to a natural disaster or other unavoidable cause, or are lost due to a cause for which we are responsible, we will not charge freight charges, fees, or other charges for the goods lost or damaged. If we have already collected all or part of those charges, we will refund them.

2. If all or part of the goods are lost due to their nature or defects or for a reason attributable to the consignor, we will collect the full amount of the freight charges, fees, and other expenses.

(Accidents and freight charges, fees, and other charges)

Article 36 If we dispose of the goods under Articles 26 and 28, we will collect freight charges, fees, and other charges according to the disposition made or the proportion of freight forwarding already performed. If we have already collected all or part of those charges for the goods, we will claim any shortfall from the consignor or consignee and refund any excess to the consignor or consignee.

(Cancellation fee)

Article 37 If we comply with an instruction to cancel freight forwarding, we may charge a cancellation fee, except where the cancellation is due to circumstances for which the consignor is not responsible. However, this does not apply if the consignor cancels the freight forwarding at least three days before the scheduled pickup date stated in the freight forwarding acceptance document.

2. The cancellation fee under the preceding paragraph is as follows. 1. If cancellation is instructed two days before the scheduled pickup date stated in the freight forwarding acceptance document: no more than 20% of the freight charges, fees, and other charges stated in that document.

2. If cancellation is instructed on the day before the scheduled pickup date stated in the freight forwarding acceptance document: no more than 30% of the freight charges, fees, and other charges stated in that document.

3. If cancellation is instructed on the scheduled pickup date stated in the freight forwarding acceptance document: no more than 50% of the freight charges, fees, and other charges stated in that document.

(Commencement of liability)

Article 38 Our liability for freight forwarding begins when we receive the goods from the consignor.

(Liability and burden of proof)

Article 39 We are liable to compensate for damage arising if, between receipt and delivery, the goods are lost or damaged, the cause of their loss or damage arises, or their delivery is delayed. However, this does not apply if we prove that neither we nor our employees or other persons used for the freight forwarding failed to exercise due care in receiving, delivering, storing, and transporting the goods.

(Liability for containerized goods)

Article 40 Notwithstanding the preceding Article, a person seeking compensation from us for loss of or damage to goods packed in a container, where the method of loading or unloading the goods or other circumstances fall within the following cases, must prove that the damage was caused by intent or negligence on our part or that of our employees or other persons used for the freight forwarding.

1. The consignor packed the goods into the container.

2. The container arrives with its seal intact.

(Liability for transport of goods requiring special care)

Article 41 If an attendant accompanies animals or other goods requiring special care under Article 14, item 2, we are not responsible for the special care of those goods.

(Liability for the consignor's declarations, etc.)

Article 42 If the contents of goods cannot readily be ascertained and we state their name, quality, weight, volume, or value in the freight forwarding acceptance document on the basis of the freight forwarding application or the consignor's declaration, we are not responsible for the accuracy of that statement.

(Liability for incomplete entries in the freight forwarding application, etc.)

Article 43 We are not liable for damage caused by false or incomplete information in a freight forwarding application, an external marking, or the consignor's declaration.

2. If we incur damage in the case described in the preceding paragraph, the consignor must compensate us for that damage.

(Exemptions from liability)

Article 44 We are not liable to compensate for loss of, damage to, delayed delivery of, or other damage relating to goods caused by the following circumstances.

1. Defects in the goods, natural wear and tear, or damage by insects or rodents.

2. Ignition, explosion, heating, mold, decay, discoloration, rust, or similar causes arising from the nature of the goods.

3. Strikes, slowdowns, civil disturbances, other upheavals, or robbery.

4. Fire caused by force majeure.

5. Earthquakes, tsunamis, storm surges, floods, storms, landslides, mountain collapses, and other natural disasters.

6. Suspension of transport, opening, confiscation, seizure, or delivery to a third party under laws or regulations or the exercise of public authority.

7. Intent or negligence of the consignor or consignee.

(Special provisions for high-value goods)

Article 45 We are not liable to compensate for loss of, damage to, or delayed delivery of high-value goods unless the consignor disclosed their type and value when applying.

2. The preceding paragraph does not apply in the following cases.

1. If we knew that the goods were high-value goods when the transport contract was concluded.

2. If loss of, damage to, or delayed delivery of high-value goods is caused by our willful misconduct or gross negligence.

(Special grounds for discharge of liability)

Article 46 Our liability for partial loss of or damage to goods ceases if the consignee receives them without reservation. However, this does not apply if damage or partial loss could not be discovered immediately and notice of it is sent to us within two weeks after delivery.

2. The preceding paragraph does not apply if, at the time of delivery, we knew that the goods had been partially lost or damaged.

3. If we perform all or part of freight forwarding that the consignor was entrusted with by a third party, and the consignee for those goods sends the consignor notice within two weeks after delivery that the goods have damage or partial loss not immediately discoverable, the period in the proviso to paragraph 1 for our liability to the consignor is deemed extended until two weeks after the consignor receives that notice.

(Amount of compensation)

Article 47 Compensation for total loss of goods is determined by their value at the place and time at which they should have been delivered.

2. Compensation for partial loss of or damage to goods is determined by the difference between the value of the goods as delivered and their value without the partial loss or damage, at the place and time at which they should have been delivered.

3. Freight charges, fees, and other charges that the consignor or consignee need not pay because of loss of or damage to the goods under Article 35, paragraph 1 are deducted from the compensation amounts under the preceding two paragraphs.

4. If the value of the goods or the amount of damage is disputed in a case under paragraph 1 or 2, the amount will be determined by an impartial third party's appraisal or valuation.

5. Compensation for delayed delivery of goods is limited to the total freight charges, fees, and other charges.

Article 48 Notwithstanding the preceding Article, if loss of, damage to, or delayed delivery of goods is caused by our willful misconduct or gross negligence, we will compensate for all resulting damage.

(Limitation period)

Article 49 Our liability ceases unless a claim is filed in court within one year from the date on which the goods were delivered (or, in the case of total loss, the date on which they should have been delivered).

2. The period under the preceding paragraph may be extended by agreement only after damage arising from loss of the goods or otherwise has occurred.

3. If we perform all or part of freight forwarding that the consignor was entrusted with by a third party, and the consignor compensates for damage or is sued within the period under paragraph 1, that period for our liability to the consignor is deemed extended until three months after the date on which the consignor compensates for damage or is sued.

(Acquisition of rights through compensation)

Article 50 If we compensate for the full value of the goods, we acquire all rights relating to those goods.

(Loading or unloading and loading or unloading fees)

Article 51 If we undertake to load or unload goods, we will collect a fee separately established by us or the actual expenses incurred and perform the work under our responsibility.

(Ancillary services, etc. and ancillary-service fees)

Article 52 If we undertake packing, storage, or sorting of goods; collection or advance payment of the price; acceptance inspection or product inspection; horizontal or vertical movement, shelving, labeling, or stacking; or other work incidental to ordinary freight forwarding that requires a certain amount of time, skill, equipment, or the like (hereinafter "ancillary services"), we will collect a fee separately established by us or the actual expenses incurred and perform the work under our responsibility.

2. Unless otherwise provided, the provisions of Chapter 2 apply mutatis mutandis to ancillary services, etc. to the extent permitted by their nature.

(Collection of the price of goods)

Article 53 We will accept an additional instruction or change concerning collection of the price of goods only before the goods are dispatched.

2. After dispatching goods for which we have undertaken to collect the purchase price, we will not refund the collection fee if the consignor cancels that instruction or collection becomes impossible for a reason attributable to the consignor or consignee.

(Insurance arrangements)

Article 54 If the consignor agrees to our proposal when applying for freight forwarding, we will undertake to arrange transport insurance at the consignor's expense.

2. Insurance premium rates and other matters concerning transport insurance will be displayed at our office or published on our website.