Order of haulage

We appreciate your decision to use the services of JAPO-autodoprava s.r.o. You can order our services in three ways.

On-line order (web form)

Using the web form is the first way you can order haulage services with JAPO-autodoprava s.r.o. By filling in and sending the form you make a binding order of our haulage services.

E-form

E-form is an MS Word document (.doc) that you can download to your computer, fill it in comfortably, taking your time, and then send it by email to japo@japodoprava.cz or by fax to +420 547 239 546.

Download E-form

Paper form

Paper form is a document in Adobe PDF format (.pdf) that you can print, fill in and send to our address or by fax to +420 547 239 546.

Download paper form

Date of loading Time (voluntary)
Loading point
Goods
ADR
Date of unloading Time (voluntary)
Unloading point
Customs clearance

Haulage terms and conditions

  • The haulage contractor agrees to ensure haulage in accordance with CMR, ADR and AETR conventions and to load and unload the goods in time and order.
  • Should the goods fail to be ready at the specified place and specified time, the customer has to rectify such a situation as fast as possible and prepare the goods. Should the haulage contractor be delayed resulting in failure to reach the next loading for another customer in time, the customer shall reimburse the damage incurred.
  • In case of an order cancelled on the day of loading, the customer shall pay the haulage contractor incurred costs and lost profit.
  • The invoice for haulage is due within 14 days of the date of issue unless agreed otherwise.

Arbitration Clause

  • 1) Pursuant to the Act No. 216/1994 Coll., the contracting parties agree expressly that JUDr. Karel Schelle, LLM., attorney registered by the Czech Bar Association under number 12495, place of work Ambrožova 6, 635 00 Brno, is entitled to decide as the arbitrator any and all property disputes arising from this Contract, as well as the disputes that would arise from the legal relationship established by this Contract in the future, except for the disputes arisen in connection with distrainment and the disputes caused by any insolvency proceeding, if not settled by mutual agreement. The arbitrator appointed by this arbitration clause will decide the disputes without hearing, only on the basis of written materials submitted by the parties. However, if the arbitrator does not consider the written materials sufficient, he is entitled to order the hearing. The arbitration proceeding will be held in accordance with the legal order of the Czech Republic and the principle of justice will be applied. The contracting parties agree that the arbitration proceeding will be held in the Czech language. The arbitrator’s award does not have to be reasoned. It applies also in the case if, at the request of any of the parties, the dispute is settled during the arbitration proceeding by conciliation in the form of the arbitrator’s award.
  • 2) The costs for the arbitration proceeding include the following items:
    a) Fee for the arbitration proceeding amounting to 3% of the value of the subject of the dispute, however, at least CZK 5,000.00 plus VAT in accordance with the statutory legislation. The fee represents the arbitrator’s remuneration;
    b) Special costs arisen by discussing and resolving the dispute.
  • 3) When deciding on the reimbursement of the costs for the arbitration proceeding, the relevant provisions of the Civil Procedure Code will be used adequately
  • 4) The arbitrator’s award comes into legal force on the day of its delivery and is enforceable. If not provided otherwise by this clause, the Act No. 216/1994 Coll. applies. The appointed arbitrator is entitled to decide the issues of the arbitration proceeding not defined by this clause and not regulated by this Act by himself.
General business terms and conditions

GENERAL BUSINESS TERMS AND CONDITIONS OF THE COMPANY
JAPO-AUTODOPRAVA S.R.O.

1. INTRODUCTORY PROVISIONS

The limited liability company JAPO-autodoprava s.r.o. hereby issues, pursuant to Section 273 of Act no. 513/1991 Coll., the Commercial Code, as amended, the following General Terms and Conditions (hereinafter only as the “Terms and Conditions”):

2. CONTRACTING PARTIES

2.1 JAPO-autodoprava s.r.o. is a company with registered office Střelice, A. Smutného 737/44, district Brno-venkov, Post Code 664 47, Company ID: 262 98 295, incorporated in the Trade Register kept by the Regional Court in Brno, Section C, Insert 42419.

hereinafter only the "Carrier"

2.2 “Consignor” is a natural or legal person to whom JAPO-autodoprava s.r.o. provides Services on the basis of an Order according to the present General Business Terms and Conditions.

hereinafter only the "Consignor"

3. SCOPE OF VALIDITY

3.1 The present General Business Terms and Conditions shall govern all business relationships concluded by and between the Carrier and the Consignor. Any and all business relationships shall be generally governed by Czech law, the Czech Commercial Code and the Conventions CMR, ADR and AETR. The present General Business Terms and Conditions represent the fundamental regulation of contractual relationships by and between the Carrier and the Consignor and, in case of any deviation from directory legal provisions, the provisions hereof shall prevail.

3.2 The present General Business Terms and Conditions define a business relationship between the Carrier and the Consignor. In accordance herewith, the Carrier provides, or shall provide, Services to the Consignor as stipulated herewith.

4. DEFINITION OF TERMS

4.1 An order is binding and irrevocable proposal for the Contract, mailed by the Consignor on a sample written form (Appendix no. 1 hereto and an integral part hereof), to the Consignor on-line via a web form, electronically by email, in writing by mail or fax or delivered to the Carrier in person (see Article 5 below). By mailing an Order, the Consignor accepts that he has acquainted himself with and accepted the provisions of the Terms and Conditions and that these Terms and Conditions regulate the contractual relationships by and between the Carrier and the Consignor.

4.2 Contract is a contract on transportation by and between the Consignor and the Carrier under which the Carrier undertakes to ship the thing (shipment) from the particular place (place of dispatch) to the particular place of delivery (destination) for the Consignor, whereas the Consignor must pay a fee (freight costs). The contract is considered concluded:

a) upon delivery of the acceptance of an Order by the Carrier to the Consignor;

b) upon loading of a shipment, in the event that the Consignor delivers an order to the Carrier on any form other than that enclosed as Appendix no. 1 hereto, which shall be preliminarily confirmed by the Carrier on condition that the contractual relationship between the Carrier and the Consignor is governed by the present Terms and Conditions. Such confirmation of an order by the Carrier on any form other than that enclosed as Appendix no. 1 hereto shall be a new proposal for a contract, in accordance herewith.

c) upon acceptance of a new proposal for a contract, in the event that the Consignor delivers an order to the Carrier on any form other than that enclosed as Appendix no. 1 hereto, which shall be preliminarily confirmed by the Carrier on condition that the contractual relationship between the Carrier and the Consignor is governed by the present Terms and Conditions. Such confirmation of an order by the Carrier on any form other than that enclosed as Appendix no. 1 hereto shall be a new proposal for a contract in accordance herewith.

The Contract may also include a stipulation according to which the Carrier shall provide complex customs clearance for the Consignor, or, where appropriate, storage of the shipment. The present Terms and Conditions shall be an integral part of the Contract.

4.3 Service shall be transportation of a shipment from the place of dispatch to the place of destination on the basis of the Contract stipulated herewith. On the basis of the Contract, the Service may also include an arrangement of customs clearance of goods, or, where appropriate, storage of a shipment by the Carrier.

5. ORDERING OF SERVICE

5.1 The Consigner may order the Service using one of the following methods:

a) at the websites http://www.japodoprava.cz/, http://www.japo-transport.com

b) by email to the email address japo@japodoprava.cz or to the email addresses of the Carrier’s employees (zaměstanec@japodoprava.cz)

c) in writing by mailing an Order to the Carrier’s registered address

d) in writing by sending an Order by fax to the Carrier

e) by personal delivery in the Carrier’s registered office

5.2 A precondition of validity of the Consigner’s Order is completion of all required data and essentials specified in an order form (Appendix no. 1 hereto). An order simultaneously serves as a proposal for the Contract. The Contract is considered concluded upon delivery of the confirmed Order by the Carrier to the Consignor.

5.3 The Consignor may also order the Service via written order delivered by fax or email on a form other than that enclosed as Appendix no. 1 hereto, which shall be preliminarily confirmed by the Carrier on condition that the contractual relationship between the Carrier and the Consignor is governed by the present Terms and Conditions. Such confirmation of an order by the Carrier on any form other than that enclosed as Appendix no. 1 hereto shall be a new proposal for a contract in accordance herewith. In such a case, the Contract shall be concluded either upon acceptance of a new proposal by the Consignor or upon loading of a shipment.

6. PRICE FOR SERVICE

Unless otherwise agreed by the parties ad hoc, the price for service shall be established according to the Carrier’s pricelist valid at the time of execution of the Contract. If, after execution of the contractual relationship, the costs related to performance of the subject of the Contract substantially change, the contracting parties shall agree, in writing, upon reasonable price adjustments.

7. PAYMENT TERMS

7.1 Where the payment is not made in cash immediately at the Carrier’s cash desk, the Consignor shall pay the price against the invoice, in the full amount, by the due date specified in the invoice.

7.2 In case of any delay in the payment of an invoice, the Consignor shall pay, in addition to the default interest, a contractual penalty in the amount of 0.1% of the invoiced amount for each day of such delay, and, from 7th day of the delay, a contractual penalty in the amount of 0.5% for each day of the delay until the full payment of the invoiced amount.

7.3 The Consignor’s obligation to pay the contractual penalty, the default interest or damages, as well as any other costs related to the provision of the Service and withdrawal herefrom, shall thereby remain unaffected.

8. WITHDRAWAL

The Contract may only be withdrawn from in writing, where such withdrawal shall be effective on the day of delivery of the written notice of withdrawal from the Contract to the other contracting party.

9. DISPUTE RESOLUTION

1. Pursuant to the Act No. 216/1994 Coll., the contracting parties agree expressly that JUDr. Karel Schelle, LLM., attorney registered by the Czech Bar Association under number 12495, place of work Ambrožova 6, 635 00 Brno, is entitled to decide as the arbitrator any and all property disputes arising from this Contract, as well as the disputes that would arise from the legal relationship established by this Contract in the future, except for the disputes arisen in connection with distrainment and the disputes caused by any insolvency proceeding, if not settled by mutual agreement. The arbitrator appointed by this arbitration clause will decide the disputes without hearing, only on the basis of written materials submitted by the parties. However, if the arbitrator does not consider the written materials sufficient, he is entitled to order the hearing. The arbitration proceeding will be held in accordance with the legal order of the Czech Republic and the principle of justice will be applied. The contracting parties agree that the arbitration proceeding will be held in the Czech language. The arbitrator’s award does not have to be reasoned. It applies also in the case if, at the request of any of the parties, the dispute is settled during the arbitration proceeding by conciliation in the form of the arbitrator’s award.

2. The costs for the arbitration proceeding include the following items:
a) Fee for the arbitration proceeding amounting to 3% of the value of the subject of the dispute, however, at least CZK 5,000.00 plus VAT in accordance with the statutory legislation. The fee represents the arbitrator’s remuneration;
b) Special costs arisen by discussing and resolving the dispute.

3. When deciding on the reimbursement of the costs for the arbitration proceeding, the relevant provisions of the Civil Procedure Code will be used adequately.

4. The arbitrator’s award comes into legal force on the day of its delivery and is enforceable. If not provided otherwise by this clause, the Act No. 216/1994 Coll. applies. The appointed arbitrator is entitled to decide the issues of the arbitration proceeding not defined by this clause and not regulated by this Act by himself. 

10. OTHER PROVISIONS

10.1 The Carrier reserves the right to, from time to time, change or amend the present Terms and Conditions, in particular, in case of any amendments to the associated legal regulations or a change in the method of provision of the Service. The Carrier shall announce any change or amendment hereto and their effective date in an appropriate manner. In case of the Consignor’s disagreement with the contents of the changed or amended Terms and Conditions, he shall be entitled to notify the Carrier of such fact within 7 days after he has learned or could have learned of the respective change or amendment; in other cases, the Consignor’s acceptance of changes or amendments shall be assumed.

10.2 The Carrier shall not be liable to the Consignor for any damage caused by events excluding liability, such us governmental interference, operating, traffic or energy accidents or breakdowns, strikes or lockouts. Such events shall be the reasons to postpone fulfillment of the Carrier’s contractual obligations, but only in the necessary extent and as long as such events persist.

10.3 The Consignor undertakes the responsibility to promptly notify the Carrier of any change related to his license to carry out business activities, tax duties (including, without limitation, the change of VAT number and tax administrator), his bank account and bank details and announcement of insolvency. In case of the Consignor’s insolvency, any amounts due by the Consignor to the Carrier shall become due on the day when the Carrier has learned of such insolvency.

10.4 The requirement regarding a written form of legal action is fulfilled when the legal action has been taken by telegraph, telex or via electronic devices enabling capturing of the contents of legal action and identification of a person who took such action.

10.5 The Consignor hereby gives his consent to the Carrier to process, as an administrator, all personal data related to his person provided by him, including, without limitation, birth numbers and telephone numbers of natural persons, in accordance with Act no. 101/2000 Coll. Such consent is given until revoked in writing. Information is not considered personal information if it is necessary to exert unreasonable effort or material means to identify an entity who is the subject of the information provided.

10.6 The Terms and Conditions are available 24 hours a day on the Internet at the websites: http://www.japodoprava.cz or http://www.japo-transport.com and their printed versions are available in the Carrier’s registered office.

10.7 The present Terms and Conditions shall come into force and effect on 27.7.2009.