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Conditions of carriage

4DCargo Conditions of carriage

Updated January 14, 2021

(hereinafter referred to as "we" or "us"), the user (hereinafter referred to as "user") who is registered for the transportation service (hereinafter referred to as "service") of 4D Cargo, Inc. On behalf of any third party, you agree that these Terms and Conditions of Carriage ("Terms and Conditions") shall apply.

For the purposes of these Conditions of Carriage, "cargo" means any document or package carried on a single waybill, and the cargo will be carried by air, land, or any other method of carriage selected by us. Waybill" shall include identification slips or documents such as labels, barcodes, general waybills or cargo receipts issued by our automated system (as well as any electromagnetic recording of their contents) of the shipment. Any shipment is carried subject to the limitation of liability for damages in accordance with the provisions of these Conditions of Carriage.

Article 1 (Customs Clearance)

We may perform the following tasks on behalf of the user or consignee for the purpose of providing the Service

  1. 1. Preparing documents, correcting products or service codes, and making advance payments for duties, taxes or fines required by applicable laws and regulations (collectively, "Duties").
  2. 2. To act as the user's agent of carriage for customs clearance and export control, and to act as consignee only for the purpose of appointing customs brokers to carry out customs clearance and import procedures.
  3. 3. To change the destination of the shipment to the consignee's customs broker, or other address, at the request of a third party that we reasonably believe has the authority to do so.

Article 2 (Non-Handling Goods)

A shipment shall be considered a non-targeted item if

  1. 1. If the customs declaration required by the applicable customs laws and regulations has not been made
  2. 2. If the shipment contains illegal items such as counterfeit goods, animals, bullion, money, jewelry, weapons, explosives, ammunition, dead bodies, ivory or drugs
  3. 3. If the shipment is an item classified as dangerous, hazardous, contraband, or restricted by the International Air Transport Association (IATA), the International Civil Aviation Organization (ICAO), the European Agreement on the International Carriage of Dangerous Goods by Road (ADR), or any other relevant agency ("Dangerous Goods")
  4. 4. If the address of the destination is incorrect or incorrectly indicated, or if the safe carriage of the shipment cannot be ensured by handling with ordinary care due to incomplete or inadequate packaging of the shipment
  5. 5. In addition to the above, if the cargo contains any item that we deem to be unsafe or legally unacceptable for carriage

Article 3 (Availability of Delivery)

  1. 1. Shipment cannot be delivered to a P.O. Box or zip code. Shipments will be delivered to the consignee's address specified by the user, but not necessarily to the individual designated as the consignee. Shipments with a representative receiving address will be delivered to the same address.
  2. 2. We may notify the consignee if there is a shipment to be delivered or if the consignee is absent from the original delivery and takes back the shipment. In such case, the consignee may choose to change the delivery date, receive the shipment in a manner that does not require the consignee to sign for it, or transfer the shipment. The user may, if desired, limit the method of delivery by the consignee.
  3. 3. If the shipment is determined to be an unhandled shipment as defined in Article 2 of these Conditions of Carriage, if the value of the shipment is declared lower at customs clearance, if the consignee cannot be reasonably identified or found, or if the consignee refuses to accept the shipment or to pay the duties or other charges for carriage, we will You may dispose of, dispose of or sell the goods without any liability to the user or any other third party.
  4. 4. We reserve the right to destroy shipments that are prohibited from being returned to you under any law or regulation, and shipments containing dangerous goods.

Article 4 (Inspection)

We reserve the right to unpack and inspect the shipment without any notice, for reasons of security control, customs clearance, and other legal and regulatory reasons.

Article 5 (Carriage Charges and Fees)

  1. 1. Our carriage charges are calculated based on the actual weight or volume weight per package of the shipment to be consigned, whichever is greater. We may re-weigh each package for rate verification purposes.
  2. 2. The user or consignee shall pay or indemnify us for any charges for carriage that become due and payable for services rendered by us and for any duties advanced by us on behalf of the user or consignee on all shipments. We may demand payment of customs duties prior to delivery of the shipment.
  3. 3. We may charge a fee if 4D Cargo, Inc. trades on credit with customs authorities on behalf of a consignee who has not set up an account with 4D Cargo, Inc. to register as a customer, or if it pays customs duties in advance.

Article 6 (Our Responsibility)

  1. 1. Our liability for each shipment carried by air (including incidental overland carriage or temporary storage en route) shall be in accordance with the carriage provisions of the carriage service used: limited to 20,000 yen when using EMS, and up to the applicable Montreal Convention or Warsaw Convention when used other than by EMS. (or, in the absence of the application of such treaty, shall be limited to the lesser of (1) the current market value of the contents of the shipment or the value declared by the user, or (2) an amount calculated from 19 SDR (approximately US$26 per kilogram) per kilogram This limitation shall also apply to all means of carriage (except for carriage by land as hereinafter provided). This restriction shall also apply to all means of carriage, except when carried by land transportation, as specified below.
  2. 2. Our liability in respect of each shipment carried by international overland carriage is based on (1) the current market value of the contents of the shipment or the value declared by the user, or (2) the amount of (1) and (2) calculated from 8.33 SDR per kilogram (approximately US$14 per kilogram) in accordance with the Convention on International Road Carriage (CMR). This limitation shall be limited (or deemed to be limited) to the lesser of (1) or (2). This limitation shall apply to overland carriage performed in each country even if there is no provision in the applicable law of carriage in such country providing for liability for damages less than the mandatory law or such limitation.
  3. 3. If the User considers the limits of liability of the Company to be insufficient to compensate for the cargo, the User shall make a special declaration of the value of the cargo to the Company and request the Company to arrange for the purchase of cargo insurance as provided in Article 8 of these Conditions of Carriage, or shall arrange for insurance on its own.
  4. 4. The Company's liability shall in any case be limited to direct loss and damage to the cargo deposited at the affiliated facilities only, and shall be limited to the amount of damages set forth in paragraphs 1 and 2 of Article 6 of these Terms and Conditions. All other losses or damages (including but not limited to lost profits, income, interest, future business opportunities, etc.), whether they are special or indirect, shall be excluded from the scope of liability, even if the Company is aware of the possibility of such damages.
  5. 5. We will make every reasonable effort to deliver the shipment in accordance with our normal delivery schedule. However, such delivery schedule is not binding and does not constitute a part of the contract of carriage. We shall not be liable for any damage or loss due to delay in carriage.

Article 7 (Claims)

All claims against us must be submitted to us in writing within thirty (30) days from the date we accept the shipment at our affiliated facilities. After this deadline, we shall have no liability. No more than one claim may be made per shipment, and the resolution of such claim shall be the full and final resolution of any loss or damage in connection with such claim.

Article 8 (Cargo Insurance)

4D Cargo may arrange for insurance coverage for the value of loss or damage to the shipment, provided that you instruct 4D Cargo, Inc. via email within 24 hours of depositing the shipment at the affiliated facility that you require it and pay the applicable premium. shall be able to do so. Such cargo insurance does not cover indirect loss or damage, or loss or damage due to delay in carriage.

Article 9 (Disclaimer)

The Company shall not be liable for any loss or damage caused by reasons beyond its control. Events beyond our control shall include, but are not limited to, the following

  1. 1. If there is electrical or magnetic damage or erasure to electronic or photographic images, data or recordings, etc.
  2. 2. Due to a defect or characteristic inherent in such goods (whether or not known to us).
  3. 3. due to the acts or omissions of anyone other than our employees or those entrusted by us (including users, consignees, other third parties, customs or other government officials).
  4. 4. Force majeure such as earthquakes, typhoons, storms, floods, dense fog, wars, crashes, embargoes, riots and civil strife, and labor disputes.

Article 10 (User's Warranty and Liability)

User represents and warrants that he or she will indemnify and hold us harmless for any loss or damage caused by User's breach of such representations and warranties.

  1. 1. All information provided by you or your agent is complete and accurate.
  2. 2. The shipment is consignable without being in conflict with the provisions of Article 2 of these Terms and Conditions.
  3. 3. That the cargo was prepared by a reliable person in a safe place and protected from undue disturbance at any time during the preparation, storage and delivery of the cargo to us.
  4. 4. The user shall comply with all applicable customs, import, export and information protection laws, sanctions and embargoes, and all other laws and regulations.
  5. 5. The User has obtained all necessary consents for the use of personal data (including personal data of the consignee), such as e-mail addresses and cell phone numbers provided to us as necessary for international carriage, customs clearance and delivery.

Article 11 (Carriage Route)

You agree to all routes of carriage chosen by us and any changes thereof, including the possibility of carriage through a transit point.

Article 12 (Governing Law)

The interpretation of this Agreement shall be governed by Japanese law.
In the event of any dispute regarding the Service, the court in the district in which our head office is located shall have exclusive jurisdiction.

Article 13 (Partial Invalidation)

If any provision of these Terms and Conditions is held invalid or unenforceable, it shall have no effect on the validity of the other provisions.