I. DEFINITIONS
1.1. Carrier means UAB „cargoGO Logistics“, legal entity code 302337649, located at Laisvės pr. 10, LT-04215 Vilnius.
1.2. Client means a natural or legal person whose particulars are specified in the Forwarding Order, which has ordered our services on behalf of itself or its customers.
1.3. Parties means the Client and the Carrier.
1.4. Contract means an agreement for the international carriage of goods by road between the Client and the Carrier, which consists of these Conditions for Carriage of Cargo (for Clients) and the specific Forwarding Order as well as any amendments thereto.
1.5. Conditions these Conditions for Carriage of Cargo (for Clients).
1.6. Cargo (Goods) mean an item or items which the Carrier takes over at the specified place of loading by undertaking to transport to the specified place of destination and deliver to the specified consignee under the Contract.
1.7. Forwarding Order means the Client‘s order for Cargo transportation submitted to the Carrier in writing (including by e-mail or any other electronic communication means acceptable by the Carrier), which indicates the specific conditions for the transportation of Cargo and makes an integral part to this Contract.
1.8. CMR Consignment Note means a note, completed by the Sender or supplier, in accordance with which the Sender delivers the Cargo to the supplier, and in accordance with which the Transportation of the Cargo is carried out and in accordance with which the Cargo is delivered to the Consignee. The Supplier must verify and ensure that that each CMR Consignment Note contains data about the Cargo, the Loading Location, the Unloading Location, the Sender and the Consignee, the quantity of the Cargo and any other information relevant for the proper performance of Transportation.
1.9. Transportation/Carriage means the shipment of the Cargo from the place of loading to the place of destination under this Contract, including the time during which the Cargo was at the disposal of the Carrier, regardless of whether it was in a vehicle, at an intermediate storage place, intermediate transshipment place, storage facility or in any other place.
1.10. Cargo Accompanying Documents means Cargo invoices, lists of packaging.
1.11. Loading Location means a place at which the Cargo is accepted for transportation, and which is indicated in the Forwarding Order.
1.12. Unloading Location/Destination means the final place of destination of the Cargo which is indicated in the Forwarding Order and wherein the carriage is completed, and the Cargo is unloaded and delivered.
1.13. Cargo Accompanying Documents means Cargo invoices, lists of packaging, veterinary certificates, Certificates of Origin for the Cargo, CMR Consignment Notes, TIR Carnet, various permits, licenses, export/import declarations, ADR, documents necessary for Customs formalities if the Cargo is being sent outside the EU, to the EU from a non-EU state or in other cases when Customs formalities are required, as well as any other documents necessary for Cargo Carriage.
1.14. Sender means a natural or legal person/his representative, as specified by the Client, that delivers the Cargo for Carriage at the Loading Location.
1.15. Consignee means a natural or legal person/his representative, as specified by the Client, that takes over the Cargo at the Loading/Unloading Location.
1.16. Downtime means the time exceeded exceptionally through the fault of the Client, the Sender or the Consignee which is allowed for loading/unloading the Cargo at Cargo Loading/Unloading Location (i. e. the period of time during which a vehicle, owned/operated by the Carrier and complying with the conditions of this Contract, with a driver is waiting for the loading/unloading of the Cargo at the respective Loading/Unloading Location longer than the time provided for Cargo loading/unloading, calculated on the condition that the Carrier has provided the appropriate vehicle for loading by the time specified in the Forwarding Order, arrived at the place of loading on time, the delivered Cargo is not damaged or no parts thereof are missing, all Cargo Accompanying Documents submitted to the Carrier have been delivered and all other conditions of the Contract have been met.
II. INTERPRETATION
2.1. These Conditions define relationship between the Parties when the UAB “CargoGO Logistics” is the Carrier and performs Cargo Transportation services for the Client.
2.2. These Conditions shall be effective to the extent that the Forwarding Order does not indicate otherwise. In the event of conflict, the special conditions agreed upon by the Parties in the Forwarding Order shall take precedence over these Conditions.
III. SUBJECT OF THE CONTRACT
3.1. Pursuant to the Contract, the Carrier undertakes to collect Cargo from the specified Sender at the Loading Location specified by the Client, to transport it in a proper and timely fashion to the Unloading Location specified by the Client and deliver it to the Consignee specified by the Client. Whereas the Client undertakes to pay the Carrier the full agreed price of Transportation (Freight) for the services provided, without any deductions.
3.2. The Parties are free to mutually agree on the provision of other services relating to the Transportation of Cargo and establish other mutual rights and obligations with regards to each other.
3.3. Individual data of the Parties, the Cargo, Loading and Unloading Locations as well as other specific carriage conditions shall be indicated in the Forwarding Order, making such order an inseparable part of the Contract.
3.4. The carriage of Cargo and the mutual relations of the Parties shall be governed by these Conditions, the Forwarding Order, the Convention on the Agreement for the International Carriage of Goods by Road (hereinafter – CMR Convention), the European Agreement concerning the International Carriage of Dangerous Goods by Road (hereinafter – the ADR Convention), and the Civil Code of the Republic of Lithuania, as well as by other international and national legal acts regulating the international carriage of goods by road.
IV. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Client undertakes to:
4.1.1. provide the Carrier with information about the Cargo, their transportation conditions, Cargo Accompanying Documents, and all available information necessary for customs and other formalities;
4.1.2. ensure that the Cargo is properly prepared and delivered for Transportation at the agreed Loading Location at the time agreed upon in the Forwarding Order;
4.1.3. ensure that the Cargo is loaded and/or unloaded at the time specified in the Forwarding Order, unless the Parties agree otherwise;
4.1.4. notify the Carrier immediately of any changes to the cargo transportation conditions;
4.1.5. pay the Carrier the agreed service price in full, without deductions, as stipulated in the Forwarding Order;
4.1.6. ensure that the Cargo is prepared to be loaded on time at the cargo Loading Location;
4.1.7. notify the Carrier in advance and indicate in the Forwarding Order if the Cargo requires load securement/special handling equipment;
4.1.8. cover the Downtime according to the hourly rate. The Client is responsible for downtime exceeding the Cargo loading/unloading deadlines established in the Contract / Forwarding Order. At the Carrier’s request, the contractual penalty for Downtime shall be applicable on working days for each hour the transport vehicle is waiting at the Loading / Unloading location, unless otherwise specified in the Forwarding Order. The Downtime compensation rates ar the following:
4.1.8.1. first 3 (three) hours – for free;
4.1.8.2. from 4th (fourth) to 8th (eighth) hour – 50 EUR/h;
4.1.8.3. Downtime exceeding 8 (eight) hours shall be compensated on a per day basis at a rate of 400 EUR/day.
4.2. The Carrier undertakes to:
4.2.1. provide a well-maintained and good technical condition lorry unit with a trailer, equipped with permits necessary for international transportation.
4.2.2. ensure that the transport vehicle is delivered on time to the Loading Location and the Cargo is delivered on time to the Unloading Location/Destination, and/or arrives on time at the customs facility for the completion of customs formalities, as indicated in the Forwarding Order;
4.2.3. collect, hold, and submit, where necessary, original documents (EUR1 certificate, cargo invoice documents, CMR, certificates of origin);
4.2.4. participate in the loading process and verify the quantity of loaded goods in accordance with the issued documents and the Forwarding Order;
4.2.5. be present at the Loading and Unloading Location at the time specified in the Forwarding Order;
4.2.6. notify the Client immediately about loaded overweight and/or whether other discrepancies with the Forwarding Order are noticed during or after loading, but by all means before leaving the loading location. The Client undertakes to unload the overweight to acceptable limit and shall be fully liable for failing to do so;
4.2.7. send a copy of the CMR as soon as possible after unloading;
4.3. The Carrier shall have the following rights:
4.3.1. to choose, at his discretion, the route of Cargo Transportation, unless otherwise specified in the Forwarding Order. The Carrier shall choose the route at his own risk and shall cover at his expense all costs in connection with such decisions, unless otherwise specified in the Forwarding Order;
4.3.2. the Carrier shall have the right to compensation for actually incurred additional costs relating exceptionally to the carrying out of the Client’s additional instructions which change essentially the data indicated in the Forwarding Order. Such additional costs, if they are relating to increased kilometrage from the Loading Location to the Unloading Location as a result of additional instructions from the Client, shall be calculated and the Carrier shall be reimbursed in proportion to the original kilometrage and the agreed price of carriage.
4.3.3. the Carrier shall have the right to cancel the Forwarding Order one business day prior to the agreed time free of charge.
4.4. The Client, in the fulfillment of its obligations under the Forwarding Order shall manage personal data only to the extent and in the manner necessary for the provision of services and as required under the General Data Protection Regulation 2016/679. When processing personal data, the Client shall apply organizational and technical measures designed to ensure the protection of personal data against accidental or unlawful destruction, alteration, disclosure, and any other illegal processing.
4.5. The Carrier affirms its commitment to environmentally conscious practices by prioritizing electronic documentation over paper-based. The Client shall not defer or delay payment under the pretext of awaiting original Cargo Accompanying Documents. Upon submission of electronic documents by the Carrier, all payment obligations of the Client become immediately due and payable.
4.6. The Parties shall provide each other with assistance necessary for the performance of obligations herein, to inform each other, according to need, about the progress of the provision of services, address other issues related to cooperation, take into account each other‘s recommendations regarding cooperation and inform each other about circumstances which may affect proper performance of obligations.
V. LIABILITY AND LIMITATION OF LIABILITIES
5.1. For failure to properly execute their obligations, the Parties shall bear liability in accordance with the procedure prescribed by legislation of the Republic of Lithuania, CMR Convention and the ADR Convention.
5.2. If the Client has failed to settle for services in due time, the Carrier shall be entitled to a default interest rate of 0,2% of the outstanding amount for each day of delay.
5.3. Save for cases where it is specifically agreed between the Parties in the Forwarding Order, the Carrier does not exchange pallets. The Carrier does not assume any liability in the form of fines, compensations or any kind of monetary payments for not exchanging or not returning euro pallets to the Loading Location.
5.4. Save for cases where it is specifically indicated in the Forwarding Order, the Carrier‘s obligation to submit original Cargo Accompanying Documents to the Client shall be considered to have been duly fulfilled upon either one of the following: (a) handing over such documents directly to the Client; or (b) submitting said documents to be sent via postal or parcel service provider. The Carrier shall not assume any liability in the form of fines or other kind of monetary payments for the delay or untimely post or parcel delivery of original documents.
5.5. In the event that original Cargo Accompanying Documents are lost, destroyed or otherwise fail to reach the Client, the Client shall accept from the Carrier his Letter of Indemnity instead. In such cases, upon presenting a Letter of Indemnity to the Client, it will be considered that the Clients’ obligation to submit original Cargo Accompanying Documents has been properly fulfilled.
5.6. Save for cases where it is specifically indicated in the Forwarding Order, the Carrier shall only be obliged to notify the Client about carriage status update upon explicit written inquiry by the Client. The Carrier does not assume any liability in the form of fines or other kind of monetary payments for failing to provide a carriage status update, if the Client did not submit an explicit written inquiry.
5.7. The Client will be held responsible if it fails to provide the Cargo or cancels the Forwarding Order less than one business day prior to the agreed time for the presentation of the transport vehicle at the Loading Location. In such case, the Carrier has the right to demand from the Client to compensate for the damages, i.e., to pay a penalty fee of EUR 400, unless otherwise agreed in the Forwarding Order.
5.8. Save for cases where it is specifically pre-agreed between the Parties, the Carrier shall not assume any costs in the form of fines or monetary payments for any additional Cargo load securement/handling equipment. If the Client has failed to inform the Carrier about the necessity of additional Cargo load securement/handling equipment, the Client shall bear all costs for incurring/renting/borrowing such equipment. The Carrier’s standard Cargo load securement/handling equipment is described in Annex No. 1 to these Terms.
5.9. The packaging of the cargo must ensure the protection of the cargo during carriage. The Carrier shall have the obligation to refuse acceptance for transport carriage which is not packed properly. In such a case, the Client shall pay a Downtime fee according to the rates described in points 4.1.8.1-4.1.8.3 of these Conditions., unless otherwise agreed in the Forwarding Order.
VI. CONFIDENTIALITY
6.1. The Parties shall undertake to protect, not to disclose, and not to distribute to any third parties any mutual agreements, orders, correspondence between the Parties and to treat the content of agreements, orders, and correspondence as well as information related to the execution of the Contract as commercial secret, which may be disclosed only in cases provided for by laws or only to the advisers of the Parties, financial institutions, or business risk management entities. This prohibition shall be of indefinite duration and shall remain in force after the expiry of the Contract for carriage.
6.2. The Parties agree that the content of orders and Cargo Accompanying Documents constitute confidential information and the Parties will take all measures in order to prevent the disclosure of that information to any third parties.
VII. FORCE MAJEURE
7.1. Neither of the Parties will be liable for failures under these conditions where a material and negative effect resulting in such failure comes from force majeure events. Force majeure means any event or occurrence (or combination thereof) that substantially restricts or prevents the performance of this Contract by the Party and which could not have been foreseen and controlled by the Party. The causes of force majeure events include, without limitation:
7.1.1. war (either declared or not), civil war, riots and revolts, acts of piracy and sabotage;
7.1.2. natural disasters, such as violent storms, cyclones, earthquakes, tidal waves, floods, destruction by lightning;
7.1.3. boycotts, strikes and lock-outs of all kinds, go slows resulting from strikes, occupation of factories, premises, machines or any kind of installations of such factories and/or associated infrastructure of logistic facilities as well boycotts, strikes and lock-outs of all kinds, go slows resulting from strikes, occupation of railway infrastructure and work stoppages which occur in the enterprise of the Party seeking relief, provided that if the settlement of a labor strike or lockout or any other kind of labor dispute is not within the reasonable control of the Party affected by it, such party will not be obliged to settle a strike, lockout, or other labor dispute on terms contrary to its wishes;
7.1.4. any actions or omissions by Lithuanian and foreign authorities such as state, public administration authorities or other national or international bodies, in particular that of EU and UNO, in the form of bans or any other economic measures which did not exist at the time of conclusion of the Contract or their inability to act properly, unlawful seizure of the Party‘s property or any other unlawful restrictions of its rights to manage, use or dispose of its property initiated by national or local authorities or third persons.
7.2. The Parties will use their reasonable efforts to mitigate in good faith the effects of force majeure event and cooperate in developing and implementing a plan of remedial actions and reasonable alternative measures to remove the force majeure effects.
VIII. VALIDITY AND DISPUTE RESOLUTION
8.1. These Conditions take effect on the day that a corresponding Forwarding Order is concluded with a Client and they stay in effect until both parties have fulfilled all their obligations herein.
8.2. The Contract shall be modified or amended only by written agreement by both Parties; however the Client may modify the Conditions unilaterally posting a new version of the Conditions on his website in advance. As regards the specific Forwarding Order, in that case the version of the Conditions which was laid at the time of making out the Forwarding Order shall apply.
8.3. If a Client has a complaint towards the Carrier, the complaint should be provided to the Carrier with the documents supporting the claim. If, during the complaint resolution, a party refers to documents that another party does not have, copies of such documents should be provided along with the complaint.
8.4. All disputes arising from the Contract or relating thereto shall be finally resolved at the competent courts of the Republic of Lithuania according to the place of registration of the Carrier or at any competent courts in accordance with the provision of Article 31 of the CMR Convention.
8.5. The Contract and the interpretation and application thereof, the obligations of the Parties and all other related issues shall be governed by the law of the Republic of Lithuania. Nothing in this provision shall limit or constrict the Carrier’s obligations to comply with the requirements of the relevant international agreements or the legislation of other States applicable during each relevant Transportation when the Transportation is carried out in or through the territory of the respective state and/or when the requirements of international agreements and/or the legislation of another State apply on other grounds.
Annex No. 1 to the
CONDITIONS FOR CARRIAGE OF CARGO (FOR CLIENTS)
Standard Cargo Load/Securement Equipment
The Carrier shall ensure that the transport vehicle is equipped with the following Cargo handling/securement equipment:
- Lashing straps, 16 units
- Corners, 32 units
- Aluminum side bars, 2 units
- Anti-slip mats, 2 units
- Seal cable 6mm./36m, 1 unit