General Terms & conditions
CARRIER: the terms Carrier shall mean JKN Logistics B.V. – Capelle aan den IJssel, The Netherlands
CLIENTS: the terms shall mean the customer, whether the shipper or consignee and/or billing party.
Shipper Load and Count the cargo: All shipments shall be loaded by the consignor and unloaded by the consignee. Carrier drivers are instructed to sign ‘cargo hand-over receipt’ as shipper load and count the shipments. Inadvertent omission of this notation shall not result in a presumption of the Carrier’s liability for shortage or damage (in the absence of upset or accident) where the driver was either not present or not allowed to observe the loading and unloading.
Shipper warrants that this shipment is packed adequately to protect the shipment and ensure safe transportation with ordinary care and handling.
Rate Sheets: Reference to rates and charges shall mean set forth in Carrier’s standard rate sheet in effect at the time of the shipment, or any special rate sheet that may have been established between Carrier and the customer. Standard rate sheets will be furnished on request to all current customers in good standing.
Rates and charges for this shipment will be based on actual or dimensional weight, whichever is greater. If dimensional weight applies under tariff rule, show dimensions in centimetres in CMR, thus: LENGTH x WIDTH x HEIGHT/250. The above rates are valid under condition of truck availability and subject to any fuel surcharge that may apply depending to the current market supply and demand.
Convoy / Custom Inspector Escort are not included in our standard rating. However, convoy/escort fee is applicable due to the amount of the cargo in provision of the HS code and cargo’s invoice value is possible to determine the approximate convoy/escort fee.
Application: Each provision of this Rules Tariff shall apply to each transportation agreement entered into by Carrier unless expressly waived in a signed, written agreement. The terms and conditions set forth herein shall apply to all shipments handled by Carrier regardless of the origin or destination, including multimodal shipments. Notwithstanding any other provision in these terms and conditions, IN NO EVENT SHALL CARRIER'S LIABILITY FOR CARGO LOSS OR DAMAGE EXCEED THE MAXIMUM SET FORTH IN ANY THROUGH SHIPPING/TRANSPORT DOCUMENTS OR OTHERWISE AGREED TO BETWEEN THE SHIPPER (OR BENEFICIAL OWNER) AND THE PARTY WHICH RETAINS CARRIER'S SERVICES.
Attempted pick-up or collections: When Carrier is requested to dispatch a vehicle to a point designated by the Shipper, and such vehicle is furnished but not used, due to NO fault of JKN-
Logistics, an attempted pickup charge and fuel surcharge will be assessed.
Free time / Detention time: Free time shall be allowed at each loading and unloading location in accordance with JKN-Logistics rate sheets. If, through no fault of the Carrier, Carrier’s vehicle is detained beyond the expiration of the free time allowance, detention time charges will be assessed.
Carrier Liability: Carrier will not be liable to the owner of property for loss or delay caused by (1) an act of default of the Shipper, owner or consignee; (2) an Act of God, the public enemy, authority of law, quarantine, embargo, riot, strike, perils of navigation, or hazard and danger incident to a state of war; and (3) freezing or spoiling of any perishable goods or property or for natural shrinkage. Carrier shall not be liable for any special, incidental, indirect or consequential damages (including without limitation lost profits or business opportunity) or punitive or exemplary damages incurred or suffered by the Shipper as a result of overage, shortage or damage to shipments transported.
Notwithstanding the fact that an estimated delivery date may be provided, Carrier is not bound to transport a shipment by a particular schedule or in time for a particular market, but is responsible to transport a shipment with reasonable dispatch, as that term is defined at common law. Carrier shall not be responsible for special or consequential damages resulting from delayed delivery. JKN-Logistics shall not be liable in any events for any special, incidental or consequential damages; including but not limited to loss of profits or loss of income, whether or not JKN-Logistics has knowledge that such damage might be incurred. Hazardous Materials Provision: Shipper/Consignee or the billing party accepts all Ministry of Transportation requirements governing hazardous materials in each routing or country of each boarder to cross. Among other requirements, the Shipper must provide a legible ‘dangerous goods declarations’ and MSDS with proper Hazmat information, including the Shipper’s certificate containing all required information such as emergency response number and hazardous material information, and affix any required placards before or at the time that the shipment is tendered.
Failure to comply with these requirements will relieve Carrier of any and all liability for loss or damage directly or indirectly caused to or by the hazardous materials. Any mis-declared hazardous materials may be warehoused at the Shipper’s risk and expense, or destroyed without compensation. Any shipments of hazardous materials will be subject to an additional charge and must quote by Carrier separately in the beginning of the enquiry.
Substituted Service: For its operating convenience, Carrier reserves a right to hire other carriers qualified subcontractors to provide all or part of given movements. Carrier agrees to protect the rates set forth herein when substituted services are provided and warrants that all terms, conditions, duties and obligations owed to Shipper by these terms and conditions, CMR, and/or contract will be provided.
JKN-Logistics shall have the right to [a] substitute alternate carriers or other means of transportation and [b] select the routing or deviate from that shown on the face hereof.
Over weight liability: Carrier will not knowingly violate weight restrictions under federal, state or municipal laws. Advance written notification of overweight shipments is required. Carrier will take whatever actions are necessary to bring equipment into compliance. Any fines or expenses resulting from overweight shipments, in addition to any permit fees, will be included in the invoice and charges to be paid to Carrier.
Special permits: When permits are required for the transportation of over-size and/or over-weight loads, the Consignor or owner of the freight shall procure and furnish such permits, or request carrier to secure them. Charges for permits secured by Carrier include the permit fee, processing fees and a 15% handling fee
All cargoes are subject to re-weight and re-measurement by Carrier and/or its subcontractors prior the loading of the shipment.
Attempted Delivery: If, through no fault of Carrier, a shipment is rejected wholly or in part by Consignee, Shipper shall be responsible for all freight charges as though the shipment had been accepted by Consignee. In addition, the rejected shipment will be returned to the point of origin or other location designated by Shipper. The return of the rejected shipment shall be treated as a new shipment, and Shipper shall be responsible for all freight charges. If Shipper subsequently requests Carrier to re-deliver the shipment, the re-delivery shall also be treated as a new shipment and rated accordingly
Payment Terms: Due in full within 30 days of invoice date.
The shipper, consignee and owner of the goods are jointly and severally liable for the payment of and shall indemnify the carrier against all unpaid transportation charges, advances and disbursement of the carrier, said indemnification to include all collection and legal expenses including attorney fees which carrier may incur during the course of any collection action; JKN-Logistics may take to enforce collection of delinquent charges dues.
JKN-Logistics shall not be liable for loss, damage or delay caused by Acts of God, terrorism, public authorities, strikes, labor disputes, weather, mechanical aircraft failures act or omissions of Customs or quarantine officials, or civil commotions.
For any questions regarding this terms and conditions – please do not hesitate to contact us at firstname.lastname@example.org