GENERAL TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES OF UAB PARNASAS

The Rules were adopted on 23 May 2023
APPLICATION
1.1. These General Terms and Conditions for the Provision of Services (hereinafter referred to as the General Terms and Conditions) shall apply to Contracts concluded between UAB Parnasas and the Service Recipients and shall be binding on all Service Recipients, irrespective of the specific Services provided to individual Service Recipients, provided that the Contract contains an express reference to these General Terms and Conditions. Deviations from these General Terms and Conditions shall only be valid if such deviations are expressly approved in writing by the Parties in the Contract.
1.2. These General Terms and Conditions, together with all Annexes, amendments and supplements thereto, shall form an integral part of the Contract where express reference is made to these General Terms and Conditions.
TERMS
Capitalised terms used in these General Terms and Conditions shall have the following meanings, except where the context clearly requires otherwise:
2.1. Confidential Information shall mean the Terms and Conditions of the Contract, all documentation and any other information relating to the Contract and the performance of the Contract, the activities of the Parties, which is made available by one Party to the other Party, either orally or in writing, or becomes known to a Party as a consequence of the conclusion of or in the course of the Contract. Confidential Information shall not include information that (i) was in the public domain prior to the execution of this Contract; (ii) has come to the Party’s attention from specified third parties who are not bound by any obligation of confidentiality; (iii) has been independently developed by the Party; and (iv) is not considered to be confidential in accordance with the applicable law.
2.2. Cargo Carriage Services shall mean the services provided by the Service Provider in accordance with an Order placed by the Service Recipient and accepted by the Service Provider, such as the acceptance of cargo, the provision of a means of transport and the delivery of the cargo to the point of destination, as well as the issue of the cargo to the recipient. The specific Cargo Carriage Services to be provided to the Service Recipient and their rates shall be specified in the Contract and/or the Order.
2.3. Services shall mean the services provided by the Service Provider to the Service Recipient under the Contract, subject to these General Terms and Conditions, including but not limited to Storage Services and/or Removal Services and/or Cargo Carriage Services.
2.4. Service Provider shall mean UAB Parnasas.
2.5. Service Recipient shall mean any natural person or legal entity who has entered into a Contract with the Service Provider.
2.6. Removal Services shall mean the removal services provided by the Service Provider, which include, but are not limited to, advising on the organisation of the removal and transportation of items, packing/boxing of items, renting of moving boxes, and transportation of items from one place to another. The specific Removal Services to be provided to the Service Recipient and their rates shall be specified in the Contract and/or the Order.
2.7. Storage Services shall mean the services provided by the Service Provider for the storage of items properly packed by the Service Recipient and transferred to the Service Provider. Depending on the packaging of the items and the requirements specified by the Service Recipient, the Service Provider may also provide the services of unloading, loading, sorting and marking of the items together. The specific Storage Services to be provided to the Service Recipient and their fees shall be set out in the Contract and/or the Order.
2.8. Contract shall mean any contract concluded between the Service Provider and the Service Recipient for the provision of services, including, but not limited to, the Cargo Carriage Service Contract, the Removal Service Contract, the Storage Service Contract. The Contract shall consist of the Contract and these General Terms and Conditions, where specified in the Contract itself, annexes, amendments and supplements thereto, as well as Orders. The Rules for the Preparation of Items for Storage, the Packing Rules, the Rules for the Carriage of Goods and the Rules for Removals, which can be found at www.parnasas.lt, shall also form an integral part of the Contract, unless the Contract provides otherwise.
2.9. Party shall mean the Service Provider or Service Recipient;
2.10. Parties shall mean the Service Provider and the Service Recipient;
2.11. Order shall mean a document in a form prescribed by the Service Provider, which contains specific information about the specific Services to be ordered by the Service Recipient. An Order shall be deemed to be accepted and enforceable when all details of the provision of the Services have been agreed upon by the Parties and confirmed in writing by the Service Provider to the Service Recipient.
2.12. Consumer shall mean a natural person (Service Recipient) who enters into a Contract with a Service Provider for purposes unrelated to its business, trade, craft or profession (consumer purposes).
ORDERING OF SERVICES
3.1. The Services shall be ordered by the Parties by means of a Contract and/or an Order specifying the particular Services to be ordered and any other special terms and conditions for the provision of the Services.
OBLIGATIONS OF THE PARTIES
4.1. The Service Provider undertakes:
4.1.1. upon the Service Recipient ordering of the Storage Services, unless otherwise specified in the Contract:
4.1.1.1. to provide the Storage Services in accordance with the terms and conditions set out in these General Terms and Conditions and/or the Contract;
4.1.1.2. to accept for storage items packed by the Service Recipient and transferred to the Service Provider by the Service Recipient for storage until the time of demand or the time stipulated in the Contract, in accordance with the procedure and within the terms stipulated in the General Terms and Conditions and/or the Contract;
4.1.1.3. to take such measures as may be required by law, regulation, these General Terms and Conditions and/or the Contract for the proper provision of the Storage Services;
4.1.1.4. to provide the Storage Services in a good and diligent manner, in accordance with the conditions and/or requirements set out in these General Terms and Conditions and/or the Contract;
4.1.1.5. not to use or allow third parties to use the stored items without the Service Recipient’s permission;
4.1.1.6. the following Services may be provided for an additional fee payable by the Service Recipient: loading and unloading of items, both on receipt and return, manual handling, packing, sorting and marking;
4.1.1.7. to indemnify for direct losses arising from loss, shortage or damage to the stored items during the provision of the Storage Services which occur after the items have been properly delivered to the warehouse in accordance with all requirements of the law and these General Terms and Conditions and/or the Contract. In the event of damage/loss of stored items, the Service Provider shall only indemnify the Service Recipient for the damage/loss of the items, the amount of which shall not exceed the value of the damaged/lost items. The risk of loss or damage to the items before they are transferred to the Service Provider shall be borne by the Service Recipient;
4.1.2. upon the Service Recipient ordering of the Removal Services, unless otherwise provided in the Contract:
4.1.2.1. to provide the Removal Services in accordance with the procedures and terms set out in these General Terms and Conditions and/or the Contract;
4.1.2.2. to provide Removal Services in a proper manner, in accordance with the technical conditions and standards laid down for such services, and to comply strictly with the requirements of occupational safety, legal regulations and rules;
4.1.2.3. To arrive on time at the address specified in the Contract;
4.1.2.4. not to take an interest in the commercial activities of the Service Recipient, not to read or copy documents being transferred, and not to store, disclose or use any information about the Service Recipient’s business that may have come to its attention by accident;
4.1.2.5. not to bring or admit persons unrelated to the provision of the Removal Services to the pick-up/removal premises;
4.1.2.6. to collect/assemble the items once at the item relocation premises (if the Contract or the Order provides for such service), in accordance with the collection/assembly plan/scheme provided by the Service Recipient;
4.1.2.7. if unforeseen events occur during the provision of the Removal Services that are not the fault of the Service Provider and that interfere with the provision of the Removal Services, the provision of the Services shall be suspended and the Parties shall make a joint decision on the further organisation of the provision of the Removal Services;
4.1.3. upon the Service Recipient ordering the Cargo Carriage Services, unless otherwise provided in the Contract:
4.1.3.1. to provide Cargo Carriage Services in accordance with the procedures and within the terms set out in the General Terms and Conditions and/or in the Contract;
4.1.3.2. to perform the Cargo Carriage Services in a timely, proper and diligent manner in accordance with the conditions and/or requirements set out in these General Terms and Conditions and/or the Contract;
4.1.3.3. to co-operate promptly with the Service Recipient, to provide information on the progress of the carriage, and to inform of any impediments encountered during the carriage;
4.2. The Service Recipient undertakes:
4.2.1. upon the Service Recipient ordering of the Storage Services, unless otherwise specified in the Contract:
4.2.1.1. to pay the Service Provider for the Storage Services duly rendered in accordance with the procedures and terms set out in these General Terms and Conditions and/or the Contract;
4.2.1.2. to provide all documents and information regarding the specific conditions necessary for the proper storage of the items, if any. Failure to provide such information means that no specific conditions will apply to the storage of the items;
4.2.1.3. to mark and sort items properly;
4.2.1.4. to inform the Service Provider in writing of the changes in the storage conditions immediately, but not later than 1 (one) calendar day after becoming aware of such changes in the storage conditions of the items, stating what has changed, unless otherwise provided in the Contract. Any negative consequences of failure to inform the Service Recipient shall be borne by the Service Recipient;
4.2.1.5. to indemnify the Service Provider against all direct losses resulting from the characteristics of the items given for storage, if the Service Provider was not informed of such characteristics at the time of the conclusion of the Contract, and to indemnify the Service Provider against all direct losses resulting from the fact that the items have not been transferred to the Service Provider to be stored according to the concluded Contract;
4.2.1.6. to pack the items in accordance with the Packing Rules available at www.parnasas.lt. The Service Recipient shall be responsible for the proper packing and presentation of the items, and in the event of damage to the packaging/improper packing of the items, the Service Recipient shall be liable for any loss/damage to such items during storage;
4.2.1.7. the Service Provider may, at its discretion, may use forklifts or other mechanical handling equipment to move the items to the storage location, taking into account the items provided by the Service Recipient and the Service Recipient undertakes to reimburse the Service Provider for the costs incurred by the Service Provider in using such equipment;
4.2.1.8. to pay the Service Provider for the Storage Services and additional services provided, as agreed upon in writing by both Parties;
4.2.1.9. the Service Recipient hereby acknowledges and accepts the right of the Service Provider to refrain from executing an Order submitted by the Service Recipient if the Service Recipient is more than 7 (seven) calendar days late in fulfilling its settlement obligations.
4.2.1.10. when collecting the items from the warehouse, together with a representative of the Service Provider, to inspect the items to be collected and note any deficiencies/damages to the items to be collected. In the event that the items have not been inspected at the time of collection or the Service Recipient has not made any claim against the Service Provider within 2 (two) business days of collection, the Service Recipient shall bear the burden of proof of any deficiency or damage to the items;
4.2.2. upon the Service Recipient ordering of the Removal Services, unless otherwise provided in the Contract:
4.2.2.1. to pay the Service Provider for the Removal Services duly rendered in accordance with the procedure and within the terms set out in the Contract;
4.2.2.2. to provide the Service Provider with all necessary documentation, instructions, assembly instructions, diagrams of the arrangement of items, to inform the Service Provider in writing of the hazardous nature of the items and any other special conditions for the removal of the items (the need for additional dismantling/disassembly or special handling equipment, etc.), which need to be taken into account prior to the commencement of the provision of the Removal Services. Such information shall be provided by the Service Recipient at the time of ordering the Removal Services;
4.2.2.3. to properly pack the items for safe loading, transport and removal (unless the Service Provider does not do so in accordance with the Contract and/or the Order);
4.2.2.4. to ensure that only persons duly authorised by the Service Recipient act during the removal of items and/or in communication with the Service Provider. Persons acting on behalf of the Service Recipient shall be deemed to be duly authorised by the Service Recipient;
4.2.2.5. after the conclusion of the Contract or the confirmation of the Order by the Service Provider, the Service Recipient undertakes to provide a list of the items to be moved within 2 (two) business days, unless otherwise provided for in the Contract and/or the Order;
4.2.2.6. the Service Recipient undertakes to ensure free, easy access to the items being moved;
4.2.2.7. the Service Recipient undertakes to ensure unhindered car access to the property to be collected/delivered and to arrange for parking as close as possible to the property. Any additional working time of the Service Provider that may arise due to lack of parking space and/or other reasons shall be recorded in writing by representatives of the Service Recipient and the Service Provider, and the Service Recipient shall be obliged to pay the Service Provider for the downtime incurred;
4.2.2.8. the Service Recipient undertakes to collect and remove all items that will not be moved from the removal site before the commencement of the removal work. The Service Provider shall not be liable for the loss of items left behind;
4.2.2.9. representatives of the Service Recipient shall not participate in the performance of the Contract if they are drunk or under the influence of psychoactive substances, otherwise, the entire liability for the actions of such person shall be borne by the Service Recipient;
4.2.2.10. in the event that the removal boxes are rented from the Service Provider, the Service Recipient undertakes to return them unmarked, undamaged and untorn, otherwise the Service Recipient undertakes to indemnify the Service Provider for the direct losses incurred by the Service Provider for the cost of the purchase of new moving boxes. Boxes shall be rented for up to 10 calendar days;
4.2.2.11. the Service Recipient undertakes to bear the additional costs incurred by the Service Provider in relation to the provision of incomplete/false information and the additional time costs incurred by the Service Provider in the performance of the Contract, which are not the fault of the Service Provider;
4.2.3. upon the Service Recipient ordering the Cargo Carriage Services, unless otherwise provided in the Contract:
4.2.3.1. to pay the Service Provider for the Carriage of Goods duly rendered in accordance with the procedure and within the terms set out in the Contract;
4.2.3.2. to inform the Service Provider of the type of cargo, its particularities, and the specific type of vehicle required for the cargo ordered when concluding the Contract and/or the Order;
4.2.3.3. not to carry items prohibited for carriage, a list of which is set out in the Packing Rules available at www.parnasas.lt. The Service Recipient shall accept full liability for any failure to comply with this Clause of the General Terms and Conditions. If it appears that the Service Recipient has transferred prohibited items for carriage, the Service Provider shall immediately discontinue the carriage of such cargo and the Service Recipient shall be liable to pay all direct losses incurred by the Service Provider in connection with the carriage of the prohibited items;
4.2.3.4. to provide all information requested by the Service Provider and any special carriage instructions, if any, applicable to the cargo ordered. It shall be the responsibility of the Service Recipient to provide complete and correct information;
4.2.3.5. to provide accurate, complete and correct information for the completion of the consignment note, including when the Service Provider’s representative completes the consignment note. The Service Recipient undertakes to indemnify the Service Provider for any losses incurred by the Service Provider as a result of the provision of inaccurate/misleading information;
4.2.3.6. if the Service Recipient specifies an incorrect and/or inaccurate address in the Contract and/or the Order or other transport documents, to pay the charge for the delivery of the Goods to the specified address, and to pay the charge for the delivery of the Goods to the corrected address;
4.2.3.7. to ensure that, at the time of loading, the cargo is properly and safely packed and that the packaging of the cargo complies with the applicable cargo carriage standards for the particular cargo. The Service Recipient shall be responsible for the proper packaging of the goods being transferred;
4.2.3.8. to group and pack the cargo separately for each consignee when the cargo is carried for several consignees;
4.2.3.9. to affix the barcoded marking generated in the Service Provider’s self-service system to the packaging in a conspicuous place;
4.2.3.10. the Service Recipient shall be responsible for the contents of the packaging;
4.2.3.11. to ensure that at the time and place specified in the Contract and/or the Order, the cargo is transferred to the Service Provider’s driver, prepared for carriage, with all the documents necessary for the carriage of the cargo duly filled in;
4.2.3.12. to ensure that the Service Provider’s vehicle picking up the cargo has a clear, convenient, non-hazardous access to the site where the cargo is to be picked up, otherwise the Service Provider shall have the right to refuse to collect the cargo;
4.2.3.13. to immediately inform the Service Provider orally and in writing of any change in the loading/unloading or other information relevant to the carriage. The Service Recipient shall be liable for all consequences arising from any failure/miscarriage of the obligation referred to in this Clause;
4.2.3.14. to provide all instructions relating to the Contract and/or the Order in writing: on the consignment note, in the Order, or in any other written form (including e-mail). Verbal instructions must be immediately confirmed in writing. The Service Recipient shall be liable for direct damages resulting from the failure to provide instructions or the provision of improper instructions;
4.2.3.15. to provide the Service Provider with instructions for carriage upon request (e.g. in the event of unforeseen circumstances, non-acceptance by the consignee, etc.) without delay and at the latest within 20 minutes of the request. If this term is exceeded, the Service Recipient shall have to pay EUR 20/hour for the downtime incurred by the Service Provider. If the Service Provider is unable to wait for the Service Recipient’s instructions, the Service Provider shall leave and arrive at a later time for an additional fee;
4.2.3.16. to arrange and coordinate with the consignee that the Service Provider’s delivery vehicle has clear, convenient, non-hazardous access to the site where the cargo is to be delivered, otherwise the Service Provider shall have the right to refuse to provide the cargo;
4.2.3.17. to ensure prompt (up to 20 minutes) acceptance of the cargo at the place of unloading and signing of the cargo documents.
GENERAL OBLIGATIONS OF THE PARTIES
5.1. The Parties undertake to perform the Contract in accordance with the requirements of the law.
5.2. The Parties undertake to inform the other Party promptly in writing of any material circumstances which may adversely affect the ability of a Party to perform its obligations under the Contract.
5.3. The Parties undertake to indemnify the other Party and third parties against direct damages caused by the fault of a Party in accordance with the provisions of these General Terms and Conditions and/or the Contract and/or applicable law.
5.4. The Parties undertake to perform their other obligations under the Contract in due and timely manner.
RIGHTS OF THE SERVICE PROVIDER
6.1. The Service Provider shall have the right:
6.1.1. upon the Service Recipient ordering of the Storage Services, unless otherwise specified in the Contract:
6.1.1.1. to subcontract some or all of the Storage Services to a third party. For contracts concluded with Consumers, Clause 8.1 of the General Terms and Conditions shall apply;
6.1.1.2. to require the person collecting the items on behalf of the Service Recipient to provide a power of attorney confirming the person’s right to collect the items;
6.1.1.3. not to accept items for storage if they are not properly packed/submitted to the Service Provider, if items other than those specified in the Contract are submitted;
6.1.2. upon the Service Recipient ordering of the Removal Services, unless otherwise provided in the Contract:
6.1.2.1. to subcontract some or all of the Removal Services to a third party. For contracts concluded with Consumers, Clause 8.1 of the General Terms and Conditions shall apply;
6.1.2.2. to refuse to provide the Removal Services if the items are improperly packed or not prepared for safe transportation;
6.1.2.3. to refuse to provide the Removal Services if it is impossible or dangerous and difficult to get to the object of picking up/moving the items;
6.1.3. upon the Service Recipient ordering the Cargo Carriage Services, unless otherwise provided in the Contract:
6.1.3.1. to subcontract some or all of the Cargo Carriage Services a third party. For contracts concluded with Consumers, Clause 8.1 of the General Terms and Conditions shall apply;
6.1.3.2. to refuse to provide the Cargo Carriage Services if, on arrival at the place of loading of the Goods, it notices that it shall not be possible to transport the cargo in the type of vehicle ordered by the Service Recipient. The Service Recipient shall not be entitled to require the use of the Service Provider’s vehicles in such a way as to endanger their damage or for purposes not provided for in these General Terms and Conditions and/or the Contract;
6.1.3.3. to refuse to perform the Contract and/or the Order if: a) the cargo is not properly packed for carriage; b) the Order is placed on non-business days and during non-business hours; c) the Service Recipient is in debt for the Services previously provided; d) the Service Recipient is otherwise not properly performing the Contract;
6.1.3.4. not to accept the cargo for carriage if it is not properly packed or the packaging is not properly marked. In such a case, the Service Recipient undertakes to pay 10% of the value of the Order, but not less than EUR 20, to cover the Service Provider’s minimum damages;
6.1.3.5. not to accept the cargo for carriage if it does not comply with the information provided in the Contract and/or the Order, or if it is not possible to verify the particulars stated in the consignment note, or the requirements laid down for the carriage of the cargo, as well as if the cargo is damaged at the time of acceptance, and if the Service Recipient refuses to sign the report of damage to cargo. In such a case, the Service Recipient undertakes to pay 10% of the value of the Order, but not less than EUR 20, to cover the Service Provider’s minimum damages;
6.1.3.6. to transfer the cargo to another vehicle;
6.1.3.7. to detain the cargo delivered under the Contract and/or the Order if the Service Provider has reasonable grounds to suspect that the Service Recipient shall fail to pay the Service Provider for the Cargo Carriage Services;
6.1.3.8. to unload the cargo at its own warehouse or at the warehouses of third parties, after informing the Service Recipient by telephone and in writing and with the Service Recipient’s permission, or without receiving a reply from the Service Recipient within a reasonable term, if the consignee does not accept or does not take delivery of the cargo after delivery. Storage and other related costs shall be borne by the Service Recipient.
CONSUMER’S RIGHT TO WITHDRAW FROM THE DISTANCE CONTRACT
7.1. The Consumer shall have the right to withdraw from the Contract within fourteen days in the case of a distance contract, without giving any reason and without incurring any costs other than those referred to in Clause 7.5.
7.2. The withdrawal period referred to in Clause 7.1 of the General Terms and Conditions shall expire fourteen days after the date of conclusion of the Contract.
7.3. In order to exercise the right of withdrawal referred to in this Section of the General Terms and Conditions, the Consumer must inform the Service Provider by means of a clear statement setting out the Consumer’s decision to withdraw from the Contract. In such a case, the Consumer may use the Model Withdrawal Form available on the internet, but this form is not mandatory.
7.4. In the event of withdrawal from the Contract, the Service Provider shall reimburse to the Consumer, not later than fourteen days from the date of receipt by the Service Provider of the Consumer’s notice of withdrawal from the Contract, all amounts paid by the Consumer, if any, in accordance with the procedure laid down by the legislation of the Republic of Lithuania, if the Consumer has not consented to the withdrawal in accordance with Clause 7.5 of the General Terms and Conditions.
7.5. By signing the Contract, the Consumer expressly requests and consents to the commencement of the Services before the expiry of the cancellation period provided for in clause 7.1 of the Contract, provided that the time limit for the provision of the Services set out in the Contract is shorter than 14 days after the conclusion of the Contract. The Consumer expressly understands all the legal consequences arising from this consent and request and provided for in the legislation of the Republic of Lithuania and the General Terms and Conditions of Provision of Services as well as the Contract. If the Consumer withdraws from such Contract in such a case, the Consumer shall be obliged to reimburse the Service Provider on a pro rata basis for the Services provided up to the moment when the Consumer gave the Service Provider the notice of withdrawal. The amount to be paid by the Consumer to the Service Provider shall be calculated on a pro rata basis according to the value of the Services provided, in accordance with the price of the Services as set out in the General Terms and Conditions and in the Contract and/or the Order.
OTHER PROVISIONS FOR THE PROVISION OF SERVICES TO THE CONSUMER
8.1. The Service Provider shall have the right to subcontract the performance of the Services ordered by the Consumer to a third party only if such subcontracting does not have any negative consequences for the Consumer and does not diminish the guarantees provided to the Consumer.
8.2. In the event that the Service Provider changes the rates for the Services in the cases set out in Clauses 10.4 to 10.6 of the Contract, the Consumer shall have the right to terminate the Contract in accordance with the procedure set out in Clause 8.5 of the General Terms and Conditions, without any other adverse consequences.
8.3. The automatic renewal of the Contract provided for in Clause 12.1 of the Contract shall not apply to Contracts concluded with Consumers.
8.4. The Service Provider shall not be entitled to unilaterally modify the General Terms and Conditions with respect to Consumers without an objective reason, i.e. the version of the General Terms and Conditions in force at the time the Parties signed the Contract shall be applicable to the Contract entered into with the particular Consumer.
8.5. The Consumer shall have the right to terminate the Contract at any time by agreeing to pay to the Service Provider a proportion of the price in proportion to the Services provided and to reimburse the Service Provider for any other reasonable costs incurred by the Service Provider in the performance of the Contract up to the point in time of the receipt of the notice of termination of the Contract from the Consumer, or by agreeing to reimburse the Service Provider for the Service Provider’s reasonable out of pocket expenses as set out in Clause 14.6.
8.6. The Service Provider shall have the right to assign all or part of the rights and obligations arising from the Contract concluded with the Consumer to any person only if such assignment of rights and obligations does not have any negative consequences for the Consumer and does not diminish the guarantees provided to him.
8.7. If the Consumer has a complaint against the Service Provider, the Consumer must put it in writing and submit it to the Service Provider. In the event that the Consumer does not receive a reply within 14 days, or if the Consumer’s claim is unsatisfied, the Consumer shall have the right to resolve the dispute by contacting the State Consumer Rights Protection Authority (Vilniaus st. 25, 01402 Vilnius, e-mail: tarnyba@vvtat.lt, tel. No.: 852626751, website: www.vvtat.lt), or its territorial units, or by submitting its request via the Electronic Dispute Resolution platform: http://ec.europa.eu/odr/.
OTHER PROVISION FOR CARGO CARRIAGE SERVICES
9.1. The Order in the Service Provider’s self-service system shall be placed by the Service Recipient before 14:00, otherwise – on the next business day.
9.2. An Order for Cargo Carriage Services shall be deemed to be accepted and executable when the Service Provider confirms to the Service Recipient that the Order has been accepted.
9.3. All of the Service Recipient’s cargo carriages can be declared via the Service Provider’s self-service page in the i.VAZ system of STI.
9.4. All persons acting on behalf of the Service Recipient shall be deemed to be authorised by the Service Recipient and to be in a position to transfer the cargo.
9.5. A consignment note may be issued for the carriage of cargo. In the case of partial carriages, separate consignment notes may be issued for the individual partial cargoes.
9.6. The cargo shall be deemed to have been transferred to the Service Provider when the Service Recipient signs on the mobile phone application provided by the Service Provider.
9.7. Observations of damage or deficiencies of the cargo by the Service Provider shall be recorded on the consignment note, on the damage/deficiency report or notified to the Service Recipient by telephone and in writing (including by e-mail).
9.8. The standard Cargo Carriage Service shall include picking up the cargo from the loading point specified by the Service Recipient (at the warehouse door, on the ramp, at the vehicle) and loading the cargo into the vehicle, provided that no additional loading equipment is required. Searching for/carrying/collecting cargo on the premises shall not be included in the standard Cargo Carriage Service.
9.9. At the time of loading, the Service Provider’s driver must be given the opportunity to inspect the cargo to ensure that there is no damage/breakage to the packaging. If damage/breakage is found, the Service Recipient and the Service Provider’s driver must draw up a damage/deficiency report and record the damage/deficiency in the cargo documentation, or the Service Recipient must provide other evidence of damage to the cargo. If the Service Recipient refuses to execute (sign) the report or to submit its documents, the Service Provider hereby reserves the right to refuse to accept the cargo. In such a case, the Service Recipient shall be obliged to pay the amount specified in Clause 6.1.3.5 of the General Terms and Conditions, unless otherwise specified in the Contract and/or the Order.
9.10. If the Service Recipient transfers damaged or improperly packed cargo packages for carriage, which shall be noted in the document accompanying the cargo, and the Service Recipient still transfers the cargo to the Service Provider, the Service Provider shall not be held liable for any damage/injury to, or the loss of, such cargo in transit, unless the Service Recipient proves that such damage was caused by the fault of the Service Provider.
9.11. Manual loading shall be available for an additional pre-agreed fee.
9.12. In the event that the Service Provider only provides the vehicle and the Service Recipient loads the cargo by itself, such loading shall not exceed 20 minutes, otherwise the Service Recipient shall be obliged to pay to the Service Provider for the downtime at the rate of EUR 20/hour. The Service Recipient shall be responsible for the proper loading of the cargo and shall bear all consequences thereof.
9.13. All persons acting at the consignee’s address specified in the Contract and/or the Order and accepting the cargo shall be deemed to be authorised and competent to accept the cargo.
9.14. The unsuitability of the cargo must be proved by the Service Recipient.
PAYMENT FOR SERVICES
10.1. The price of the Services shall be set out in the Contract and/or the Order or its Annexes, which shall form an integral part of the Contract.
10.2. The rates for services not set out in the Contract and/or the Order or its Annexes shall be negotiated by the Parties in a separate written agreement. The Service Recipient shall pay an extra fee for additional services provided by the Service Provider.
10.3. The price of the Services shall include all taxes of any kind payable under the laws of the Republic of Lithuania and any costs associated with the performance of the Contract, unless the Contract provides otherwise.
10.4. The Service Provider shall have the right to unilaterally change the rates for the Services for any reason whatsoever by giving the Service Recipient 30 (thirty) calendar days’ prior written notice, unless otherwise provided for in the Contract. For contracts concluded with Consumers, Clause 8.2 of the General Terms and Conditions shall apply.
10.5. The Service Provider shall have the right to unilaterally change the rates for the Services by giving the Service Recipient 3 (three) calendar days’ written notice due to extraordinary circumstances beyond the Service Provider’s control but which materially affect the final price of the Services, such as, but not limited to, an increase in the minimum wage, an increase in the price of fuel, an increase in any other taxes or the introduction of any other additional charges in relation to the Service Provider’s activities, unless the Contract otherwise provides. For contracts concluded with Consumers, Clause 8.2 of the General Terms and Conditions shall apply.
10.6. The Service Provider shall have the right to unilaterally, taking into account the Harmonised Index of Consumer Prices (hereinafter referred to as the HICP) published on the website of the State Data Agency of Lithuania, to revise and change (increase) the rates of Services. The rates of Services may be amended on this basis every quarter of the calendar year. The price shall be increased in proportion to the increase in the HICP. If the HICP decreases within the period referred to in this Clause, this shall not affect the rates for the Services. The Service Provider may, but is not obliged to, notify the Service Recipient of a change in the rates for the Services on this basis (the Service Provider shall be entitled to automatically increase the rates for the Services and invoice the Service Recipient at the times specified as well as to provide the Service Recipient with an invoice containing the updated rates for the Services). For contracts concluded with Consumers, Clause 8.2 of the General Terms and Conditions shall apply.
10.7. Any settlements or payments under the Contract between the Parties shall be made within the terms set out in the Contract by bank transfers to the bank accounts of the Parties specified in the Contract. The Service Recipient must indicate the invoice number in the destination of the instruction. The Service Provider shall be entitled to invoice submit such invoice to the Service Recipient for the Services in advance, unless otherwise provided in the Contract.
10.8. Payments shall be made in euro and, in the event that a conversion fee applies, the Service Recipient shall pay the full price of the Services and any additional conversion costs, unless otherwise provided in the Contract.
10.9. Invoices for the Services shall be submitted by the Service Provider over the Service Provider’s e-mail address specified in the Contract. The Service Recipient shall send a written acknowledgement of receipt to the Service Provider. Failure to send a confirmation shall be deemed to mean the receipt of the invoice if it was sent to the e-mail address provided. In the event of a change of e-mail address, the Service Recipient undertakes to inform the Service Provider in writing of the change immediately, i.e. on the next business day.
10.10. In the case of Cargo Carriage Services, at the request of the Service Recipient, the Service Provider shall provide the documents accompanying the cargo to the address specified by the Service Recipient, for which the Service Recipient shall be liable to pay an additional charge to the Service Provider for the cost of sending the consignment, which in all cases shall not be less than EUR 10. The accompanying documents shall be delivered once a week.
10.11. For each day of delay in payment, the Service Recipient undertakes to pay to the Service Provider interest on arrears at the rate of 0.2% on the amount not paid.
10.12. The payment of interest on arrears shall not relieve the Parties of their obligation to perform their obligations under these General Terms and Conditions and/or the Contract.
CONFIDENTIALITY
11.1. The Parties undertake not to disseminate or disclose the Confidential Information to any third party without the prior written consent of the other Party, nor to use it for purposes other than in connection with the performance of its obligations under the Contract. The Party in violation of this obligation shall be liable to indemnify the other Party for direct damages resulting therefrom.
11.2. In the event of any doubt as to whether certain information is confidential, a Party shall treat such information as confidential until the other Party confirms in writing that such information is not confidential.
11.3. It shall not be a violation of the obligations of confidentiality under the General Terms and Conditions to disclose such information to public authorities, where required by law, or to the Parties’ attorneys, auditors, consultants, or other employees, in connection with the proper performance of the Contract or of the individual terms and conditions thereof. The Parties shall ensure that all persons appointed to provide the Services under the Contract shall observe a duty of confidentiality and shall indemnify and hold harmless any person against any direct damages resulting from the disclosure of Confidential Information by such person.
11.4. The obligation of confidentiality shall remain in force throughout the term of the Contract and indefinitely after the expiry of the Contract, unless the Contract provides otherwise.
VALIDITY AND TERMINATION OF THE CONTRACT
12.1. The Contract shall enter into force on the date of its signature and shall remain in force until the obligations of the Parties under the Contract have been performed in full, or until the expiry of the period of validity set out in the Contract, unless the Contract stipulates otherwise. In the event that the Contract is not a one-off Contract and neither Party notifies the other Party in writing at least 30 days prior to the expiry of the term specified in the Contract of its desire not to renew the Contract, the Contract shall be deemed to be automatically renewed for a further period of 5 (five) years. There shall be no limits to the number of extensions. For Contracts concluded with Consumers, Clause 8.3 of the General Terms and Conditions shall apply.
12.2. Annexes and amendments to the Contract shall form an integral part of the Contract and shall be valid only if they are in writing and signed by both Parties.
12.3. The Parties may terminate the Contract at any time by mutual written agreement.
12.4. Either Party shall have the right to terminate the Contract by giving the other Party 30 (thirty) calendar days’ written notice, unless otherwise provided for in the Contract. For Contracts concluded with Consumers, Clause 8.5 of the General Terms and Conditions shall apply.
12.5. Either Party shall have the right to terminate the Contract unilaterally and without recourse to a court of law without delay by giving written notice to the other Party if:
12.5.1. the other Party commits a material violation of the Contract and fails to remedy that violation within 14 (fourteen) calendar days of being notified thereof in writing; or
12.5.2. the other Party becomes insolvent, becomes bankrupt, is wound up or has its business suspended.
12.6. The Service Provider shall have the right to terminate the Contract unilaterally, without recourse to the court of law, by giving the Service Recipient 7 (seven) calendar days’ written notice if the Service Recipient is more than 30 (thirty) calendar days in arrears in the payment of the Services rendered thereto. In the case of Storage Services, the Service Recipient shall also be obliged to pay, in addition to the interest on arrears, the additional storage period (if any) until the Service Recipient actually removes the items from the warehouse or until the goods are disposed of. The Service Provider shall have the right to detain the items in the warehouse if the Service Recipient fails to pay for the Services, irrespective of the amount owed or the length of the delay.
12.7. In the event that the Service Provider terminates the Contract under which the Storage Services have been provided in accordance with Clause 12.6 of the General Terms and Conditions, the Service Recipient shall, within 5 (five) business days of the Service Provider’s written notice of termination of the Contract, collect the items from the warehouse, provided that the Service Recipient has paid in full in accordance with the Contract within that term, and has paid to the Service Provider the cost of storage of the items and the cost of summoning a bailiff to collect the items. If the Service Recipient fails to pay for the storage of the items within the term and fails to collect the items, the Service Provider shall have the right to dispose of the items and to set off the proceeds against the Service Provider’s outstanding obligations to the Service Provider. In the event that the items cannot be disposed of, the Service Provider shall have the right to dispose of/destroy the items. The Service Recipient hereby confirms full ownership of the stored items.
GENERAL PROVISIONS ON LIABILITY OF THE PARTIES
13.1. The Parties shall be liable for non-performance of their obligations under these General Terms and Conditions and/or the Contract in accordance with the procedures set out in the General Terms and Conditions and/or the Contract and/or the laws of the Republic of Lithuania.
13.2. The Party whose acts/omission cause the other Party to suffer a loss shall be liable to indemnify the other Party for any direct loss suffered by it, unless otherwise provided for in individual Clauses of the General Terms and Conditions and/or the Contract.
13.3. The Service Provider shall not be liable for any damage caused to the Service Recipient that is not caused by the fault of the Service Provider.
13.4. The Service Provider shall be discharged from the performance of obligations if the Service Recipient fails to perform its obligations under the General Terms and Conditions and/or the Contract.
13.5. In the event of termination or expiry of the Contract, the financial obligations shall remain in force until the Services have been paid in full.
LIABILITY OF THE SERVICE RECIPIENT AFTER ORDERING REMOVAL SERVICES
14.1. The Service Provider undertakes to indemnify the Service Recipient against any direct loss suffered by the Service Recipient as a result of damage to, loss of, or other deterioration in the condition of the items in the course of the provision of the Services, provided that such damage or deterioration is attributable to the Service Provider’s fault. The Service Provider shall only indemnify the direct loss caused by the damage/loss of the items, which shall not exceed the value of the damaged/lost items.
14.2. If the Service Provider is packing the items, the Service Provider undertakes to record by means of video recording only obvious defects, deficiencies, inconsistencies in quantity or quality of the packed items. The Service Provider shall not be liable for non-obvious defects in the items unless the Service Recipient proves that such defects were caused by the Service Provider’s actions.
14.3. If the Service Recipient packs the items by itself, it undertakes to pack the items in accordance with the Rules of Removal Services available at www.parnasas.lt and the Service Provider shall not be liable for any deficiencies or defects in the items so moved, unless the Service Recipient proves that the deficiencies or defects in the items are caused by the fault of the Service Provider.
14.4. The Service Recipient undertakes to inspect the delivered items within 2 (two) business days of the delivery of the items and to submit written claims to the Service Provider for damage/loss of the items, otherwise it shall be deemed that the items have been taken back as delivered.
14.5. The Service Recipient undertakes to inspect the premises within 2 hours after the removal of the items from the place of collection and within 2 hours after the arrival of the items at the place of delivery, and to submit in writing to the Service Provider written claims and evidence of such claims, in respect of any damage to the premises caused by the Service Provider’s personnel, otherwise it shall be presumed that there has been no damage to the premises and/or to the items contained therein.
14.6. The Service Recipient undertakes to pay an amount equal to 30% of the total price of the Order plus VAT, but not less than EUR 100, which shall be deemed to be unprovable reasonable expenses incurred by the Service Provider for the purpose of performance of the Contract up to the time of receipt of the notice of termination of the Contract from the customer if the Service Recipient has cancelled the Order confirmed by the Service Provider with less than 48 hours’ notice.
14.7. If the Service Recipient does not accept the delivered items from the Service Provider, the Service Provider shall have the right to store them. The Service Recipient undertakes to reimburse the Service Provider for any costs incurred by the Service Provider as a result of the Service Recipient’s failure to accept the delivery of its items. If the Service Recipient does not respond to the Service Provider’s written notifications or cannot be contacted to retrieve the items, the Service Provider shall have the right to dispose of the Service Recipient’s items stored by the Service Provider and to use the proceeds to cover the Service Recipient’s costs. The Service Provider shall not store the Service Recipient’s items for more than 7 (seven) calendar days.
LIABILITY OF THE SERVICE RECIPIENT AFTER ORDERING CARGO CARRIAGE SERVICES
15.1. The Service Provider shall be liable for the carriage of the goods and shall indemnify the Service Recipient against any direct loss suffered by the Service Recipient as a result of the destruction, damage, loss or other deterioration of the cargo due to the fault of the Service Provider. The Service Recipient shall be fully liable for the cargo until it is transferred to the Service Provider or in other circumstances specified in the Contract. Indirect damages, including loss of income or profit, and non-pecuniary damages, including loss of business reputation, shall not be indemnified.
15.2. The CMR Convention shall apply to damage caused by damaged or lost cargo. The maximum indemnity to the Service Recipient shall in all cases not exceed SDR 8.33 per kilogram of cargo.
15.3. If the value of the Service Provider’s cargo exceeds EUR 600, the Service Recipient undertakes to tick the appropriate box in the Service Provider’s self-service system for the additional insurance before signing the Contract. Otherwise, the Order cannot be placed. The Service Recipient shall be responsible for the value of the goods and for assessing and quoting it correctly. The Service Provider shall not be liable:
15.3.1. for any shortage of packaging of the cargo at the time of collecting the cargo from the Service Provider, if the cargo has been transferred to the Service Provider on pallets rather than individually due to the large amount of packaging in the cargo for the sake of a quick and safe transfer. The Service Recipient understands that the Service Provider’s representative does not have the physical capacity to check the number of packages when accepting a large number of packages stacked on pallets, and therefore the signature of the Service Provider’s representative on the document accompanying the cargo shall not be deemed to be evidence in a court of law of the Service Provider’s acceptance of the total number of packages set out in the Order;
15.3.2. for cargo seized by a public authority;
15.3.3. for force majeure occurring at the time of delivery, where the cargo is lost, missing or damaged, or where it is not possible to determine what happened to the cargo;
15.3.4. if the consignee has accepted the cargo and has signed for receipt thereof. From the moment of acceptance of the cargo, the risk of accidental loss of or damage to the goods shall be transferred to the consignee;
15.3.5. if the cargo has been accepted by an unsuitable consignee, by an unsuitable representative of the consignee when the Service Provider delivers the cargo to the place of delivery specified in the Contract and/or the Order;
15.3.6. in the event of any loss or damage, loss of or damage to the Cargo or any part of the Cargo, delay in delivery or non-delivery due to circumstances beyond the control of the Service Provider.
15.4. If the Service Provider pays the indemnity to the Service Recipient for completely damaged cargo, the Service Recipient shall transfer the cargo to the ownership of the Service Provider.
15.5. The Service Provider shall not be liable for the proper performance of the contractual relationship between the Service Recipient and third parties and shall not be liable for this. In all cases, the Service Provider shall only be liable to indemnify the Service Recipient for direct losses incurred by the Service Recipient due to the fault of the Service Provider.
FORCE MAJEURE
16.1. The Parties shall not be liable for partial or total non-performance of their contractual obligations if they prove that the non-performance is due to force majeure.
16.2. A Party that is prevented from performing its contractual obligations as a result of force majeure shall be obliged to inform the other Party in writing as soon as possible, but at the latest within 3 (three) business days from the date of the occurrence or manifestation of such circumstances.
16.3. Force majeure shall be understood as defined in the applicable legislation of the Republic of Lithuania.
16.4. The grounds for exempting a Party from liability that is prevented from performing its contractual obligations due to force majeure shall arise from the moment of the occurrence or manifestation of the force majeure or, in the case of failure to give timely notice, from the moment of the giving of notice. If a Party fails to give timely notice or, in the absence of an opportunity to give notice, otherwise fails to give notice of its inability to perform its contractual obligations, it shall be liable to indemnify the other Party for any damage suffered by it as a result of the failure to give timely notice or of the absence of any notice.
16.5. If the force majeure event lasts for more than 6 (six) months, then either Party shall have the right to terminate the Contract by giving 5 (five) calendar days’ notice to the other Party. If, at the end of this period of 5 (five) calendar days, force majeure circumstances still exist, the Contract shall be terminated and the Parties to the Contract shall be excused from further performance of the Contract in accordance with the terms of the Contract.
APPLICABLE LAW AND DISPUTE RESOLUTION PROCEDURES
17.1. These General Terms and Conditions and the Contract shall be governed by the law of the Republic of Lithuania.
17.2. Any dispute, controversy or claim arising out of or in connection with these General Terms and Conditions and/or the Contract shall be settled by negotiation between the Parties. If the Parties are unable to resolve the disputes through negotiations within 30 (thirty) calendar days from the date of sending the first claim, they shall be settled in the court according to the procedure established by the legislation of the Republic of Lithuania according to the location of the Service Provider’s registered office. In the event that the Service Recipient is a Consumer, the exclusive territorial jurisdiction set out in this Clause shall not apply and the dispute shall be settled in accordance with the procedure established by the legislation of the Republic of Lithuania.
CORRESPONDENCE
18.1. All notices by the Parties to each other shall be given to the addresses of the Parties specified in the Contract and/or the Order.
18.2. Notices and other correspondence shall be deemed to have been duly sent/delivered:
18.2.1. on the same day on which they are transferred in person and signed;
18.2.2. on the date of service on the Party when sent by registered post;
18.2.3. on the next business day following the sending of the e-mail or the date of receipt of the e-mail if the Party acknowledges receipt of the e-mail on the same day.
18.3. The Parties shall communicate in Lithuanian or another agreed language. In the event of inconsistencies between the text in the Lithuanian language and the text in other language(s), the Parties to the Contract shall be governed by the text in the Lithuanian language, unless expressly agreed otherwise.
18.4. The Parties shall inform the other Party in writing immediately, but not later than within 3 (three) calendar days, of any change in their respective addresses or e-mail addresses. In the event of non-compliance by either Party with an obligation under this Clause, notices and other correspondence sent to the last known address of the other Party shall be deemed to have been properly served.
PERSONAL DATA PROTECTION
19.1. The Service Provider’s Personal Data Processing Policy can be accessed at https://www.parnasas.lt/privatumo-politika.
FINAL PROVISIONS
20.1. The Service Provider shall have the right to assign all or part of its rights and obligations under the Contract to any person without the consent of the Service Recipient. For Contracts concluded with Consumers, Clause 8.6 of the General Terms and Conditions shall apply.
20.2. The Service Recipient may assign its rights and obligations under the Contract to any person only with the prior written consent of the Service Provider.
20.3. The Service Provider shall have the right to publicise the fact that the Service Recipient is a customer of the Service Provider and to use the Service Recipient’s name and/or mark and/or trademark on its website or other marketing sources, unless otherwise stated in the Contract.
20.4. No delay, omission or failure by either Party to exercise any of its rights or remedies under these General Terms and Conditions and/or the Contract shall be deemed to constitute a waiver or acquiescence to the event giving rise to such right or remedy.
20.5. Nothing in the General Terms and Conditions and/or the Contract is intended or shall be deemed to create any partnership or joint venture between the Parties.
20.6. The Service Provider shall have the right to amend these General Terms and Conditions at any time. The Service Recipient undertakes to keep abreast of any changes to the General Terms and Conditions, which shall be published on the website www.parnasas.lt. In the event that the Service Recipient disagrees with the amendments to the General Terms and Conditions, the Service Recipient must inform the Service Provider thereof in writing within 30 (thirty) days from the date of publication of the relevant amendments. Provisions relating to the amendment of the General Terms and Conditions in relation to Consumers shall be set out in Clause 8.4 of the General Terms and Conditions.
20.7. In the event of any inconsistency between the terms and conditions set out in these General Terms and Conditions and the terms and conditions set out in the Contract, the terms and conditions set out in the Contract shall prevail. In the event of a discrepancy between the terms and conditions set out in the Contract and the terms and conditions set out in the Order, the terms and conditions set out in the Contract shall prevail.
20.8. If any provision of these General Terms and Conditions and/or the Contract is held to be invalid under the applicable laws of the Republic of Lithuania, the remaining provisions of these General Terms and Conditions and/or the Contract shall continue to be valid, unless the invalid provisions render the implementation of the remaining parts of these General Terms and Conditions and/or the Contract materially impossible. Should any provision or part of the General Terms and Conditions and/or the Contract be or become invalid or cease to bind the Parties, the Parties shall negotiate in good faith and amend or replace it with alternative wording that reflects as closely as possible the intention of the Parties.
20.9. By signing the Contract, the Parties hereby confirm that the provisions of the General Terms and Conditions and the Contract and the legal consequences thereof are fully understood by them, and that they sign the Contract freely and voluntarily, being aware of the importance of observance of the Contract for the performance of the Parties’ economic and commercial activities and their competitive advantage, and that they are aware of their liability for any violation thereof.