These supplementary terms govern the allocation of responsibilities and economic charges in connection with the performance of the services requested by JTC (hereinafter, the “Principal”) and accepted by the counterparty (hereinafter, the “Contractor”), and shall apply unless otherwise expressly agreed in writing. JTC (hereinafter, the “Principal”) and accepted by the counterparty (hereinafter, the “Contractor”), and shall apply unless otherwise expressly agreed in writing.
The time schedule agreed for loading, unloading or positioning of the vehicle shall be deemed binding.
Any cost, charge or expense incurred by the Principal as a result of failure to comply with the agreed time schedule shall be attributed to and recharged to the party responsible for such breach or delay.
Where detention costs or similar charges affect both parties for the same underlying causes, the Principal shall not recognise the costs claimed by the Contractor unless the costs incurred by the Principal for the same reasons are simultaneously acknowledged and reimbursed.
Statutory and/or contractual set-off of reciprocal claims shall in any case remain unaffected.
Where the Principal proposes a reasonable, technically suitable and timely solution intended to limit damages, waiting times or delays, the unjustified refusal of such solution by the Contractor shall result in:
the exclusion of any subsequent charge against the Principal in relation to the resulting costs; and
the Principal’s right to recharge to the Contractor any costs incurred as a consequence of such refusal.
Prior to load confirmation, any extra, ancillary or additional cost shall be expressly notified by the Contractor, clearly specifying:
the nature of the cost
the applicable amounts
the calculation criteria; and
any applicable tables or tariffs.
In the absence of such prior notification, the Principal reserves the right to dispute and reject the charge.
The Principal shall not recognise costs which, in accordance with the Contractor’s professional standard of due care, were reasonably foreseeable at the time of quotation, booking or acceptance of the service and which were not previously disclosed and accepted.
The free time period shall commence exclusively from the time agreed and confirmed with the freight forwarder, provided that the vehicle is suitable for the service, correctly positioned in accordance with the instructions received, and fully operational.
Any times unilaterally stated on CMR, consignment notes or other transport documents not requested or approved by the Principal shall not be enforceable against the Principal.
The Principal shall not recognise costs for detention, standstill, waiting time or delay where such events are caused, aggravated or prolonged by:
operational delays
omissions or refusals in performance
organisational errors; or
discretionary decisions of the Contractor or its agents.
Any charge relating to detention, waiting time, cleaning, standstill, detention, demurrage or other ancillary costs shall be itemised in detail and supported by appropriate documentary evidence.
In the absence of adequate proof, the cost shall not be recognised.
The Principal shall not recognise costs for detention, standstill or failed loading where the vehicle provided does not comply with the technical, dimensional or operational specifications previously communicated and accepted.
The technical characteristics of the cargo communicated by the Principal and accepted by the Contractor shall be deemed definitively approved for the purposes of service performance.
Any late objections or related costs shall not be recognised where they arise from information already known prior to service confirmation.
Extraordinary vehicle cleaning costs shall be recognised solely where they are:
strictly necessary
reasonable
directly attributable to the Principal’s responsibility; and
duly documented.
In any case, costs increased as a result of delays, operational refusals or lack of cooperation by the Contractor shall be excluded.
The Contractor shall adopt all reasonable measures, in accordance with ordinary due care, to limit damages, time and costs.
The Principal shall not recognise charges that could have been avoided or reduced through diligent conduct.
The Contractor shall promptly notify any event likely to affect timing or costs, including, by way of example: failure to depart, roll-over, lack of space or equipment, vessel change, or route deviation.
In the absence of timely notification, any resulting additional costs shall not be recognised by the Principal.
The Principal shall not recognise destination storage, demurrage, detention, warehousing or holding costs where such costs arise, in whole or in part, from documentary errors, information omissions or delays attributable to the Contractor, its correspondents or appointed carriers.
JTC JTC shall be liable exclusively for the accuracy, completeness and correctness of the technical, documentary and operational data expressly and directly provided by it..
Any liability of the Principal is expressly excluded for errors, omissions, misunderstandings, delays or discrepancies arising from interpretation, transmission, processing or handling of such data attributable to the Contractor, its agents or third parties engaged by it.
Any waiver, amendment or variation to the agreed terms, conditions or operational arrangements shall be subject to the Principal’s prior written approval..
In the absence of such approval, any waiver or variation shall be null and void and unenforceable against the Principal.
Payment, whether in whole or in part, of an invoice by the Principal shall in no event be construed as tacit acceptance or acknowledgement of:
charges not previously agreed
unauthorised ancillary costs; or
amounts subject to dispute, even if such dispute arises after payment.
The Principal’s right to contest such charges and to seek reimbursement or set-off in accordance with applicable law shall remain fully reserved.
These supplementary terms govern the allocation of responsibilities and economic charges in connection with the performance of the services requested by JTC (hereinafter, the “Principal”) and accepted by the counterparty (hereinafter, the “Contractor”), and shall apply unless otherwise expressly agreed in writing. JTC (hereinafter, the “Principal”) and accepted by the counterparty (hereinafter, the “Contractor”), and shall apply unless otherwise expressly agreed in writing.
The time schedule agreed for loading, unloading or positioning of the vehicle shall be deemed binding.
Any cost, charge or expense incurred by the Principal as a result of failure to comply with the agreed time schedule shall be attributed to and recharged to the party responsible for such breach or delay.
Where detention costs or similar charges affect both parties for the same underlying causes, the Principal shall not recognise the costs claimed by the Contractor unless the costs incurred by the Principal for the same reasons are simultaneously acknowledged and reimbursed.
Statutory and/or contractual set-off of reciprocal claims shall in any case remain unaffected.
Where the Principal proposes a reasonable, technically suitable and timely solution intended to limit damages, waiting times or delays, the unjustified refusal of such solution by the Contractor shall result in:
the exclusion of any subsequent charge against the Principal in relation to the resulting costs; and
the Principal’s right to recharge to the Contractor any costs incurred as a consequence of such refusal.
Prior to load confirmation, any extra, ancillary or additional cost shall be expressly notified by the Contractor, clearly specifying:
the nature of the cost
the applicable amounts
the calculation criteria; and
any applicable tables or tariffs.
In the absence of such prior notification, the Principal reserves the right to dispute and reject the charge.
The Principal shall not recognise costs which, in accordance with the Contractor’s professional standard of due care, were reasonably foreseeable at the time of quotation, booking or acceptance of the service and which were not previously disclosed and accepted.
The free time period shall commence exclusively from the time agreed and confirmed with the freight forwarder, provided that the vehicle is suitable for the service, correctly positioned in accordance with the instructions received, and fully operational.
Any times unilaterally stated on CMR, consignment notes or other transport documents not requested or approved by the Principal shall not be enforceable against the Principal.
The Principal shall not recognise costs for detention, standstill, waiting time or delay where such events are caused, aggravated or prolonged by:
operational delays
omissions or refusals in performance
organisational errors; or
discretionary decisions of the Contractor or its agents.
Any charge relating to detention, waiting time, cleaning, standstill, detention, demurrage or other ancillary costs shall be itemised in detail and supported by appropriate documentary evidence.
In the absence of adequate proof, the cost shall not be recognised.
The Principal shall not recognise costs for detention, standstill or failed loading where the vehicle provided does not comply with the technical, dimensional or operational specifications previously communicated and accepted.
The technical characteristics of the cargo communicated by the Principal and accepted by the Contractor shall be deemed definitively approved for the purposes of service performance.
Any late objections or related costs shall not be recognised where they arise from information already known prior to service confirmation.
Extraordinary vehicle cleaning costs shall be recognised solely where they are:
strictly necessary
reasonable
directly attributable to the Principal’s responsibility; and
duly documented.
In any case, costs increased as a result of delays, operational refusals or lack of cooperation by the Contractor shall be excluded.
The Contractor shall adopt all reasonable measures, in accordance with ordinary due care, to limit damages, time and costs.
The Principal shall not recognise charges that could have been avoided or reduced through diligent conduct.
The Contractor shall promptly notify any event likely to affect timing or costs, including, by way of example: failure to depart, roll-over, lack of space or equipment, vessel change, or route deviation.
In the absence of timely notification, any resulting additional costs shall not be recognised by the Principal.
The Principal shall not recognise destination storage, demurrage, detention, warehousing or holding costs where such costs arise, in whole or in part, from documentary errors, information omissions or delays attributable to the Contractor, its correspondents or appointed carriers.
JTC JTC shall be liable exclusively for the accuracy, completeness and correctness of the technical, documentary and operational data expressly and directly provided by it..
Any liability of the Principal is expressly excluded for errors, omissions, misunderstandings, delays or discrepancies arising from interpretation, transmission, processing or handling of such data attributable to the Contractor, its agents or third parties engaged by it.
Any waiver, amendment or variation to the agreed terms, conditions or operational arrangements shall be subject to the Principal’s prior written approval..
In the absence of such approval, any waiver or variation shall be null and void and unenforceable against the Principal.
Payment, whether in whole or in part, of an invoice by the Principal shall in no event be construed as tacit acceptance or acknowledgement of:
charges not previously agreed
unauthorised ancillary costs; or
amounts subject to dispute, even if such dispute arises after payment.
The Principal’s right to contest such charges and to seek reimbursement or set-off in accordance with applicable law shall remain fully reserved.
These supplementary terms govern the allocation of responsibilities and economic charges in connection with the performance of the services requested by JTC (hereinafter, the “Principal”) and accepted by the counterparty (hereinafter, the “Contractor”), and shall apply unless otherwise expressly agreed in writing. JTC (hereinafter, the “Principal”) and accepted by the counterparty (hereinafter, the “Contractor”), and shall apply unless otherwise expressly agreed in writing.
The time schedule agreed for loading, unloading or positioning of the vehicle shall be deemed binding.
Any cost, charge or expense incurred by the Principal as a result of failure to comply with the agreed time schedule shall be attributed to and recharged to the party responsible for such breach or delay.
Where detention costs or similar charges affect both parties for the same underlying causes, the Principal shall not recognise the costs claimed by the Contractor unless the costs incurred by the Principal for the same reasons are simultaneously acknowledged and reimbursed.
Statutory and/or contractual set-off of reciprocal claims shall in any case remain unaffected.
Where the Principal proposes a reasonable, technically suitable and timely solution intended to limit damages, waiting times or delays, the unjustified refusal of such solution by the Contractor shall result in:
the exclusion of any subsequent charge against the Principal in relation to the resulting costs; and
the Principal’s right to recharge to the Contractor any costs incurred as a consequence of such refusal.
Prior to load confirmation, any extra, ancillary or additional cost shall be expressly notified by the Contractor, clearly specifying:
the nature of the cost
the applicable amounts
the calculation criteria; and
any applicable tables or tariffs.
In the absence of such prior notification, the Principal reserves the right to dispute and reject the charge.
The Principal shall not recognise costs which, in accordance with the Contractor’s professional standard of due care, were reasonably foreseeable at the time of quotation, booking or acceptance of the service and which were not previously disclosed and accepted.
The free time period shall commence exclusively from the time agreed and confirmed with the freight forwarder, provided that the vehicle is suitable for the service, correctly positioned in accordance with the instructions received, and fully operational.
Any times unilaterally stated on CMR, consignment notes or other transport documents not requested or approved by the Principal shall not be enforceable against the Principal.
The Principal shall not recognise costs for detention, standstill, waiting time or delay where such events are caused, aggravated or prolonged by:
operational delays
omissions or refusals in performance
organisational errors; or
discretionary decisions of the Contractor or its agents.
Any charge relating to detention, waiting time, cleaning, standstill, detention, demurrage or other ancillary costs shall be itemised in detail and supported by appropriate documentary evidence.
In the absence of adequate proof, the cost shall not be recognised.
The Principal shall not recognise costs for detention, standstill or failed loading where the vehicle provided does not comply with the technical, dimensional or operational specifications previously communicated and accepted.
The technical characteristics of the cargo communicated by the Principal and accepted by the Contractor shall be deemed definitively approved for the purposes of service performance.
Any late objections or related costs shall not be recognised where they arise from information already known prior to service confirmation.
Extraordinary vehicle cleaning costs shall be recognised solely where they are:
strictly necessary
reasonable
directly attributable to the Principal’s responsibility; and
duly documented.
In any case, costs increased as a result of delays, operational refusals or lack of cooperation by the Contractor shall be excluded.
The Contractor shall adopt all reasonable measures, in accordance with ordinary due care, to limit damages, time and costs.
The Principal shall not recognise charges that could have been avoided or reduced through diligent conduct.
The Contractor shall promptly notify any event likely to affect timing or costs, including, by way of example: failure to depart, roll-over, lack of space or equipment, vessel change, or route deviation.
In the absence of timely notification, any resulting additional costs shall not be recognised by the Principal.
The Principal shall not recognise destination storage, demurrage, detention, warehousing or holding costs where such costs arise, in whole or in part, from documentary errors, information omissions or delays attributable to the Contractor, its correspondents or appointed carriers.
JTC JTC shall be liable exclusively for the accuracy, completeness and correctness of the technical, documentary and operational data expressly and directly provided by it..
Any liability of the Principal is expressly excluded for errors, omissions, misunderstandings, delays or discrepancies arising from interpretation, transmission, processing or handling of such data attributable to the Contractor, its agents or third parties engaged by it.
Any waiver, amendment or variation to the agreed terms, conditions or operational arrangements shall be subject to the Principal’s prior written approval..
In the absence of such approval, any waiver or variation shall be null and void and unenforceable against the Principal.
Payment, whether in whole or in part, of an invoice by the Principal shall in no event be construed as tacit acceptance or acknowledgement of:
charges not previously agreed
unauthorised ancillary costs; or
amounts subject to dispute, even if such dispute arises after payment.
The Principal’s right to contest such charges and to seek reimbursement or set-off in accordance with applicable law shall remain fully reserved.