Terms and conditions of carriage and other servicesSHORT FORM VERSION
The Terms and Conditions below are a shortened version of our full Terms and Conditions, which apply on all carriage by us. A copy of the Long Form Version is available on request from our nearest office to you and/or on our Website site. Please click www.jobyco.co.uk to view a copy of the Long Form Version.
The following definitions apply to the terms and conditions set out below that govern this contract of carriage between you and us.
"we", "us" and "our" means subsidiaries, affiliates of Jobyco Ltd and their respective employees, agents and independent contractors;
"you" and "your" means the sender, consignor or consignee of the shipment, holder of this consignment note, receiver and owner of the contents of the shipment or any other party having a legal interest in those contents;
"carriage" means and includes the whole of the operations and services undertaken by us in connection with the shipment;
"shipment" means any envelope, document, package, parcel, satchel or piece of freight given to and accepted by us for carriage and transported under our consignment note.
"prohibited items" means any goods or materials the carriage of which is prohibited by any law, rule or regulation of any country in which the shipment travels
Your contract of carriage is with Jobyco Limited or the subsidiary or affiliate that accepts the shipment for carriage from you.
Except in the circumstances shown in paragraph 5.1 (b) below we do not carry goods which are in our sole opinion dangerous goods including, but not limited to, those specified in the International Civil Aviation Organisation (ICAO) technical instructions, the International Air Transport Association (IATA) dangerous goods regulations, the International Maritime Dangerous Goods (IMDG) code, the European Agreement concerning the international carriage of Dangerous goods by Road (ADR) regulations or any other national or international rules applicable to the transport of dangerous goods.
We may at our discretion accept some dangerous goods for carriage in some countries if you have been accorded the status of an approved customer and this must be given by us in writing before your shipment can be accepted. Your dangerous goods will only be accepted if they comply with the applicable regulations (as referred to in condition 5.1 a) and our requirements. Details of our requirements together with the procedure for applying for approved customer status are available from our nearest office and a dangerous goods surcharge will be invoiced to you upon acceptance of your shipment.
You must ensure and you hereby certify by completing our consignment note or tendering a shipment to us that your shipment does not contain a prohibited article as specified in ICAO Annex 17 or other national or international regulations that govern Maritime and aviation security. You must give us a full description of the contents of the shipment on the consignment note and your responsibilities and liabilities are not extinguished by providing this information. Shipments carried by us may be subject to security screening which could include the use of X-ray equipment and you accept that your shipment may be opened and the contents of your shipment may be examined in transit.
You declare that you have prepared the shipment for carriage in secure premises using reliable staff employed by you and that the shipment has been safeguarded against unauthorised interference during preparation, storage and transportation immediately prior to acceptance for carriage of the shipment by us.
We do not accept shipments that contain prohibited items.
Subject to conditions below we limit our liability for any loss, damage or delay of your shipment or any part of it as follows:
If the carriage of your shipment is solely or partly by air and involves an ultimate destination or a stop in a country other than the country of departure the Warsaw Convention (1929), or the Warsaw Convention as amended by the Hague Protocol (1955) and/or Montreal Protocol No. 4 (1975), or the Montreal Convention (1999), whichever is compulsorily applicable will apply. These international treaties govern and limit our liability for loss, damage or delay to your shipment to 17 special drawing rights per kilo (approximately 20 Euros per kilo although the rate of exchange is variable).
If we carry your shipment by road within, to or from a country that is a party to the convention on the contract for the international carriage of goods by road 1956 (CMR) our liability for loss or damage to your shipment shall be governed by the CMR and thus limited to 8.33 special drawing rights per kilo (approximately 10 pounds per kilo although the rate of exchange is variable). In the case of delay where you can show to us you have suffered loss our liability is limited to refunding to you the charge you paid us for carriage in respect of that shipment or the part which was delayed.
We will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity or for any indirect, incidental, special or consequential damages or loss howsoever arising including but not limited to the loss, damage, delay, mis-delivery or non-delivery of your shipment even if we had knowledge that such damages or loss might arise.
We are not liable if your shipment or any part of it is lost, damaged, delayed or mis-delivered or not delivered or if we do not fulfil any obligations towards you at all as a result of:
We are not a common carrier and do not accept from you any liabilities of a common carrier. Under normal circumstances we do not accept shipments sent to and from residential addresses.
(By Definition - Common Carriers are Carriers by water are the masters and owners of ships and steamboats engaged in the transportation of goods for persons generally, for hire and lightermen, hoymen, barge-owners, ferrymen, canal boatmen, and others employed in like manner, are so considered).
Jobyco will strongly advise customers to purchase insurance from other third parties for the full value of their parcel and freight shipment for loss and damage during carriage.
When necessary we may recommend you an insurance company and pursue to do all the necessary administration work for you at a fee. To do this you will have to complete this form on our website
You undertake to us that you shall not permit any other person who has an interest in the shipment to bring a claim or action against us arising from the carriage even though we may have been negligent or in default and if a claim or action is made you will indemnify us against the consequences of the claim or action and the costs and expenses we incur in defending it.
If you wish to claim for a lost, damaged or delayed shipment you must comply with any applicable convention or if none applies you must comply with the following procedure otherwise we reserve the right to reject your claim:
You agree to pay our charges for the carriage of the shipment between the locations specified on the consignment note/contract of carriage and any value added taxes for the carriage within 7 days from the date of our invoice. You waive all your rights to challenge our invoices if you do not contest our invoice in writing within 7 days from the date of the invoice. Our carriage charges are calculated in accordance with the rates applicable to your shipment as set out in our current rate card. As a matter of course all import duties, value added taxes on goods and all other charges levied on the shipment in the destination country shall be payable to us by the receiver upon delivery of the shipment and if the receiver refuses to pay you agree to pay us these amounts in full within 7 days of us notifying you that the receiver has not paid. You agree that we may charge interest on all invoices not paid within 7 days from the invoice date at the rate of 6% above the European Central Bank base rate. You agree to pay our reasonable and proper cost of collection of invoices not paid within seven days from the invoice date.
In the event that any term or condition is declared invalid or unenforceable such a determination shall not affect the other provisions of this contract of carriage all of which remain in force
Disputes arising from or related to this contract of carriage shall be subject to the laws and the courts of the country in which the subsidiary or affiliate or branch of Jobyco that accepts your shipment for carriage is based.