Rules on the Carriage of Cargo

The Rules were adopted on 2 February 2015
1. APPLICATION OF THE RULES
1.1. These Rules on the Carriage of Cargo, supplementing the contract between UAB Parnasas (hereinafter referred to as the Carrier) and the Customer (hereinafter referred to as the Customer), and the terms and conditions set out herein, shall apply to the carriage of cargo, both domestic and international, as agreed between the Carrier and the Customer.
1.2. By transferring the cargo for carriage in any way, the Customer accepts and undertakes to abide by the terms and conditions of the Rules on the Carriage of Cargo set out below.
1.3. The contract of carriage concluded between the Carrier and the Customer shall come into force from the moment the Customer places an order for carriage and the Carrier accepts such order.
2. VEHICLES
2.1. When placing an order, the Customer must inform the Carrier of the type of cargo, its characteristics and specify the particular type of vehicle required for the cargo ordered.
2.2. The Carrier shall have the right to refuse carriage of the cargo if the Carrier’s driver, on arrival at the place of loading, sees that the cargo cannot be transported in the type of vehicle ordered by the Customer. The Customer may not require the use of the Carrier’s vehicles in such a way that could cause damage thereto or for purposes other than those provided for in these Rules.
3. TYPES OF CARGO AND PROHIBITED ITEMS
3.1. The Carrier shall accept all types of cargo for carriage, except for prohibited items. 3.2. Before transferring the cargo for carriage, the Customer must contact the Carrier’s representative to make sure that the cargo can be transported using the Carrier’s services and that the cargo does not fall under the category of prohibited items.
3.3. The Carrier shall under no circumstances carry prohibited items, and if this fact comes to light during the course of carriage, the carriage of the cargo (or the relevant part thereof) shall be terminated and the cargo may, at the Carrier’s discretion, or at the direction of the public authorities, be surrendered to the appropriate public authorities. In the case of carriage of prohibited items, the Customer undertakes to bear all losses incurred by the Carrier in connection with the carriage of the prohibited items.
3.4. The following are considered to be prohibited items:
3.4.1. Items of high value (jewellery, works of art, antiques, precious metals, precious stones), money, tickets, cheques, lottery tickets, bank cards, securities, shares, bills of exchange and other documents (including, but not limited to, personal identity documents, diplomas), and items which, in the event of damage, could not be reconstructed, restored, repaired and/or replaced by their equivalent.
3.4.2. Weapons, ammunition, explosives, flammable, toxic and radioactive substances or waste, narcotic and psychotropic substances, and substances or products which, by virtue of their chemical or physical properties, are likely to endanger human health, safety, the environment, or property, and which have been included in the list of hazardous substances of the United Nations Committee of Experts.
3.4.3. Any items, goods, materials the carriage (entry, exit, transport) of which is prohibited under the law of at least one of the States in the territory of which the carriage takes place.
3.5. The list of prohibited items provided in the Rules is not exhaustive. The Customer shall assess the suitability of the cargo for carriage and shall be fully responsible for its packaging and contents.
4. ORDERING THE CARRIAGE OF CARGO
4.1. In order to order the carriage of cargo, the Customer must submit an individual carriage order in a pre-agreed written form. When placing an order, the Customer must specify the exact conditions and particularities of the specific cargo and carriage (consignor, consignee, addresses, accessibility, telephones, terms, cargo and packaging details, characteristics, special transport instructions, storage instructions, etc.).
4.2. Orders shall be accepted on weekdays and during the business hours specified on parnasas.lt.
4.3. An order shall be deemed to have been accepted only when the Customer receives the Carrier’s acknowledgement of acceptance and performance of the order. The Carrier hereby reserves the right to refuse to accept the Customer’s order without giving reasons.
4.4. The Customer must confirm and coordinate the order with the Carrier’s representative (manager) before 15:00 on the business day. If the Customer fails to do so within the term specified, the order shall be deemed not to have been accepted, unless the Carrier’s representative (manager) informs the Customer otherwise.
4.5. Orders must be made in writing, including by fax and/or e-mail.
4.6. The Customer shall, at the time of acceptance and performance of the order, ensure that accurate, complete and correct information is given about the cargo and the conditions of carriage, including where the consignment note is completed by a representative of the Carrier.
4.7. The provisions of these Rules shall apply to each carriage. Orders are an integral part thereof.
4.8. The Carrier hereby reserves the right to refuse to execute an order placed by the Customer if: a) the order is untimely; b) the cargo is not properly packed for carriage; c) the order is placed on non-business days and hours; d) the Customer owes a debt to the Carrier for services rendered previously; e) the Customer is otherwise failing to perform its obligations.
5. PACKING OF THE CARGO
5.1. The Customer is responsible for the preparation, packing and marking/labelling of the cargo to be transported.
5.2. The Customer must ensure that, at the time of loading, the cargo is properly and safely packed for transport and that the packaging of the cargo complies with the applicable cargo carriage standards for the type of cargo in question, i.e. that the cargo will be protected from any damage or breakage during handling, sorting, transportation and storage and will not be a threat to persons, the environment, vehicles or other cargo.
5.3. The cargo must be packed and prepared for carriage by the time the Carrier’s driver arrives at the loading point.
5.4. The Customer shall prominently display on the packaging the name of the consignor (the Customer), the exact (full) address, city, contact person, telephone number; the name of the consignee, the exact (full) address, city, contact person, telephone number; the number of packages to be delivered, the dimensions of the cargo and any other information requested by the Carrier.
5.5. When the cargo is transported to several consignees, the Customer shall group the cargoes and pack and label them separately for each consignee.
5.6. The Carrier hereby reserves the right not to accept the cargo for carriage if it is not properly packed or properly marked.
6. CARGO INSURANCE
6.1. Given the limited liability of the Carrier under the various road transport regulations, the Customer, knowing the value of its cargo, must take out additional cargo insurance on its own.
6.2. The Carrier may arrange for additional insurance for the Customer’s cargo if separately agreed upon in writing.
7. CARGO ACCEPTANCE
7.1. The Carrier undertakes to arrive at the place of loading in a roadworthy vehicle.
7.2. Cargo shall be accepted for loading only on business days and during the business hours specified on parnasas.lt.
7.3. The Customer shall ensure that at the time and place specified in the order, the cargo prepared for transport with all the documents necessary for the carriage of the cargo duly filled is transferred to the Carrier’s driver.
7.4. The Customer shall ensure that the Carrier’s vehicle has unimpeded access to the consignor’s loading bay. Safe access to the loading bay must be ensured during the winter months (access must be cleared and gritted). Failing this, the Customer and/or the consignor shall be obliged to deliver the cargo to the Carrier’s vehicle.
7.5. The Customer must ensure that the cargo is accompanied by all the data and documents necessary for import and export customs and other formalities, where required.
7.6. At the time of loading, the Carrier’s driver must be given the opportunity to inspect the cargo to ensure that there is no damage/breakage to the packaging.
7.7. The cargo shall not be deemed to have been accepted until it has been fully loaded onto the vehicle delivered by the Carrier and the Carrier’s driver has checked the cargo against the consignment note, performed an external inspection and signed the consignment note.
7.8. The Carrier hereby reserves the right not to accept the cargo for carriage if it does not comply with the weight, quantity, volume, dimensions and other parameters specified in the order, or if it is not possible to verify the particulars specified in the consignment note or the requirements laid down for the carriage of the cargo, or if the cargo is damaged at the time of acceptance, and if the Customer refuses to sign the report of damage to the cargo. In such a case, the Carrier shall have the right not to wait for the cargo to be properly prepared for transport or for the Customer to remedy any other defects in the cargo.
8. CARGO CARRIAGE DOCUMENTS
8.1. A consignment note shall be issued for each individual carriage. The consignment note data may supplement the order data.
8.2. The consignment note is usually drawn up in 4 (four) copies, one of which is to be kept by the consignor (the Customer), the second is to be attached to the cargo, the third – by the consignee and the fourth – by the Carrier. If necessary, more copies of the consignment note may be arranged.
8.3. The Customer must sign the consignment note when handing over the cargo, stating his/her name, surname and position.
8.4. After the carriage of the cargo, the Carrier may, at the Customer’s request, provide the Customer with a copy of the consignment note. Consignment notes and copies shall be returned for a separately agreed surcharge.
8.5. In the case of partial carriages, separate consignment notes shall be issued for the individual partial cargoes.
8.6. The Customer undertakes to inform the Carrier clearly on a case-by-case basis how many and which documents of the cargo the Carrier must return to the Customer.
8.7. The Customer shall be responsible for providing accurate, complete and correct information for the completion of the consignment note, including when the consignment note is completed by a representative of the Carrier. The Customer must indemnify the Carrier against any loss suffered by the Carrier as a result of inaccurate/false information.
8.8. The Customer hereby agrees that electronic VAT invoices shall be used for the provision of the Carrier’s services and that copies of paper VAT invoices, consignment notes and other documents shall only be sent to the Customer by e-mail and in electronic format. The Carrier shall not provide original paper documents to the Customer.
9. LOADING OF CARGO
9.1. The Carrier shall carry out the loading of the cargo manually, provided that the weight of a single package does not exceed 30 kg and that no additional or special machinery is required to load the cargo.
9.2. If the weight of the cargo exceeds 30 kg or if additional or special machinery is required for the loading operations, the Customer undertakes to arrange, at its own effort and expense, for the Carrier to be able to load such cargo at the loading bay, i.e., to have the necessary special machinery in place at the time of loading, to prepare the necessary loading dock and ramp, and to enable the Carrier’s vehicle to drive to the loading bay, etc.
9.3. At the time of loading, the Carrier’s driver must be given the opportunity to inspect the cargo to ensure that there is no damage/breakage to the packaging. If damage/deficiency is found, the Carrier’s driver and the Customer must draw up a damage/deficiency report and record the damage/deficiency in the cargo documents, or the Customer must provide other evidence of damage to the cargo. If the Customer refuses to execute (sign) the report or to submit its documents, the Carrier reserves the right to refuse to accept the cargo.
9.4. The Customer may not require the Carrier to load a vehicle delivered by the Carrier with cargo that exceeds the requirements for the weight and dimensions of the vehicle.
10. CARRIAGE OF CARGO
10.1. The Carrier shall choose the route of carriage of the cargo handed over by the Customer at its discretion.
10.2. The Carrier undertakes to cooperate promptly with the Customer, to provide information on the progress of the carriage and to inform the Customer of any impediments during the carriage.
10.3. The Customer must immediately inform the Carrier verbally (and immediately confirm it in writing) of any change in the loading/unloading or other information relevant to the carriage.
10.4. If the Customer reroutes the cargo during the carriage (specifies a different delivery address or a different consignee), the Carrier may require additional payment for the deviation from the original route.
10.5. The Customer does not object and grants the Carrier the right to transfer the cargo to another means of transport (either the Carrier’s or a third party’s) if necessary.
10.6. The Customer also does not object and agrees to the use of a third party (another carrier) by the Carrier for the carriage of all or part of the cargo. In such a case, the Carrier shall be liable for the actions of the third party used by it.
11. CUSTOMER INSTRUCTIONS
11.1. In the event of circumstances which complicate the transfer of the cargo, the Carrier shall contact the Customer for further carriage instructions. If they are not provided within the term specified by the Carrier, the Carrier shall have the right to unload the cargo at the Customer’s expense and to transfer it for storage, including unloading and storage with third parties.
11.2. Any instructions relating to the carriage of the cargo must be given by the Customer in writing: on the consignment note, in the order, or in any other written form (including e-mail and fax). Verbal instructions must be immediately confirmed in writing.
11.3. If the Carrier requests instructions for carriage (e.g. in the event of unforeseen circumstances, non-acceptance by the consignee, etc.), the Customer shall provide written instructions to the Carrier promptly, but at the latest within 1 (one) hour.
12. UNLOADING OF CARGO
12.1. The Carrier shall unload the cargo manually, provided that the weight of a single package does not exceed 30 kg and that no additional or special machinery is required to unload the cargo.
12.2. If the weight of the cargo exceeds 30 kg or if additional or special machinery is required for the unloading, the Customer undertakes to arrange, at its own effort and expense, for the unloading site to be equipped with the necessary facilities for the unloading of such cargo from the Carrier’s vehicle, i.e., to have the necessary special machinery in place at the time of unloading, to prepare the necessary ramp, and to make it possible to bring the Carrier’s vehicle close to the unloading site, etc.
12.3. The Customer shall ensure that the Carrier’s vehicle is able to drive unhindered to the consignee’s unloading site. Safe access to the unloading site must be ensured during the winter months (access must be cleared and gritted). Upon failure to ensure this, the Customer and/or the consignee shall be obliged to collect the cargo at the Carrier’s vehicle.
13. TRANSFER OF THE CARGO TO THE CONSIGNEE
13.1. Cargo shall only be delivered to consignees on business days and during the business hours specified on parnasas.lt.
13.2. The cargo shall be transferred to the consignee upon presentation of a personal identity document (valid passport, driving licence, personal identity card) and signature on the consignment note. The Carrier shall deliver the cargo to a person other than the Customer’s named consignee only if the person collecting the cargo presents a duly authenticated authorisation.
13.3. The consignee must inspect the condition of the cargo together with the Carrier’s driver at the time of acceptance. If the packaging of the cargo is damaged or missing, this must be noted on the consignment note at the time of acceptance. If there are no such marks, the cargo shall be deemed to have been delivered in good condition and in full.
13.4. Once the consignee has signed the consignment note (together with the consignee’s name and position), the cargo shall be deemed to have been delivered.
13.5. If the consignee does not agree to accept the cargo, the Carrier shall have the right to unload the cargo at the warehouses of third parties after informing the Customer and obtaining the Customer’s permission, or, in the absence of the Customer’s reply within a reasonable term, unload the cargo at the warehouses of third parties. Such storage and other related costs shall be borne by the Customer.
13.6. If there is a dispute as to the amount of the shortage or damage, an expert may be called in at the expense of the party making the claim. The costs of the expert’s work shall then have to be reimbursed by the party at fault.
13.7. The Customer shall ensure that the sealed vehicles, their individual sections and containers are opened by the consignee together with the Carrier’s driver.
14. PRICE AND PAYMENTS
14.1. The Customer shall pay for the services rendered by the Carrier in accordance with the Carrier’s rates for the provision of services in force at the time of placing the order.
14.2. The amount and currency of the specific carriage may also be specified in the order, unless stated elsewhere.
14.3. Services not covered by these Rules shall be rendered at an additional cost.
14.4. The Customer shall pay for the services rendered, as well as any other payments (e.g. damages and forfeiture), by bank transfer (account number must be provided) within the period specified in the order or invoice, but at the latest within 15 (fifteen) calendar days after the Carrier’s delivery of the invoice to the Customer. The Carrier hereby reserves the right to invoice the Customer in advance for services.
14.5. The Carrier hereby reserves the right to require an advance payment from the Customer to cover part or all of the payment for the services prior to the commencement of the execution of the order placed by the Customer.
14.6. Invoices for services shall be sent to the Customer by e-mail. The Customer must send an acknowledgement of receipt of the invoice.
14.7. If the Customer wishes to return the accompanying documents (invoice, consignment note, etc.) to the address indicated by the Customer, the Customer shall pay an additional fee of EUR 1.45 + VAT for the carriage of these documents. The accompanying documents shall be delivered once a week.
14.8. If the Customer has provided incorrect/inaccurate data on the weight of the cargo or has failed to make adequate provision for the Carrier to load/unload the cargo, the Carrier’s final price for that particular carriage shall be calculated on the basis of the actual weight of the cargo as provided by the Customer, and not on the basis of the weight specified in the order.
15. ADDITIONAL COSTS
15.1. The Customer shall be liable for any additional costs related to the carriage of the cargo, improperly executed/completed cargo documents, customs procedures, charges, loading/unloading, storage, downtime, and other additional costs, unless it is agreed in writing between the Customer and the Carrier that the specific additional costs shall be borne by the Carrier.
15.2. The Carrier shall be entitled to increase the price of a particular carriage if, during the course of the carriage, it becomes apparent that the Customer has provided incorrect data or has failed to provide the necessary data on the cargo, and as a result, the Carrier has had to procure additional services (weighing, measuring, etc.) in order to carry out the carriage properly.
15.3. In the event of additional costs, the carriage of the cargo shall be suspended until the payment of such costs has been agreed upon with and approved in writing by the Customer.
16. LIABILITY
16.1. The liability of the Carrier and the Customer shall be determined in accordance with the provisions of the CMR Convention and other legislation governing road transport.
16.2. In the event of damage to or loss of the cargo, the Carrier shall bear only the direct loss. Indirect damages, including loss of revenue or profit, and non-pecuniary damages, including loss of reputation, suffered by the Customer shall not be indemnified.
16.3. If the Carrier has provided indemnification for the damaged cargo or part thereof, the Customer shall be obliged to transfer such cargo or part thereof to the ownership of the Carrier.
16.4. The Customer shall be solely responsible for the content of the cargo and its compliance with legal requirements.
16.5. The Customer shall be responsible for the proper preparation of the cargo and the cargo documents, the proper packing of the cargo and the correct marking of the cargo, and shall indemnify the Carrier against damages and additional costs (including customs fines, storage or forwarding and return costs, etc. when sending/receiving cargo outside the EU) due to the fault of the Customer/consignor and/or consignee resulting from improper packing or mislabelling, inaccurate or incorrect data, inadequate documentation, failure to comply with the Customer’s written instructions, failure to provide the correct data, documents, permits or licences.
16.6. The Customer undertakes to bear all direct and indirect losses incurred by the Carrier in connection with the carriage of prohibited items which the Customer intentionally or negligently transfers to the Carrier.
16.7. The Customer shall pay to the Carrier a fine of EUR 15 per hour of downtime for any delay in loading or unloading of the vehicle, or for the non-registration or non-submission of documents relating to the carriage, and for any other irregularities resulting in downtime. Downtime shall commence 20 (twenty) minutes after the scheduled time for loading, unloading, submission of documents or other information.
16.8. The Customer shall pay to the Carrier a penalty of 10% of the carriage price, but not less than EUR 30, for the interruption of loading in accordance with the Customer’s order, or for the non-delivery of the cargo stipulated in the order after the Carrier has delivered the vehicle.
16.9. The Customer shall be liable to indemnify the Carrier against penalties for overweight and overloading on the axles of the vehicle in cases where the weight stated in the cargo documents does not correspond to the actual weight of the cargo.
16.10. The Customer shall be liable for the fulfilment of tax obligations and shall indemnify the Carrier against any losses resulting from the incurrence of tax obligations to pay VAT (value added tax), if the Carrier’s obligation to pay VAT is established as a result of the Customer’s avoidance of the disclosure of accurate information relating to its economic and commercial activities in the Republic of Lithuania.
16.11. The Carrier shall not be liable for total or partial non-performance of its obligations under the contract in the event of force majeure, i.e. fires, floods, earthquakes, storms, strikes, wars, theft, armed attacks, road repairs, traffic accidents and incidents (if the Carrier is not at fault), road blockages, actions of mutiny services and other authorities, seizure of the cargo by public authorities (if the Carrier is not at fault).
17. CONFIDENTIALITY
17.1. The Parties undertake not to disclose or divulge to any third party any confidential information concerning their relations, the conclusion of contracts and the terms and conditions thereof, or any other information concerning themselves, beyond what is necessary for the proper performance of their obligations.
17.2. Confidential information shall include any information relating to this contract, its conclusion and performance, including information about our negotiating positions, prices, payment arrangements and terms, clients (customers), their data, and the terms and conditions of individual carriage orders.
17.3. If a Party has any doubt as to whether particular information is confidential, that Party shall treat such information as confidential until it has received confirmation from the other Party that such information is not confidential.
18. VALIDITY AND TERMINATION OF THE AGREEMENT
18.1. The contract of carriage concluded between the Customer and the Carrier and these Rules shall remain in force as long as the Customer uses the services of the Carrier.
18.2. The Carrier shall have the right to unilaterally terminate the contract without further notice if the Customer fails to pay for the services in due time or otherwise violates the contract.
18.3. The Customer shall have the right to unilaterally terminate the contract by giving written notice to the Carrier in the event of a material violation of contractual obligations by the Carrier.
19. APPLICABLE LAW AND DISPUTE RESOLUTION
19.1. All carriages shall be carried out in accordance with the Convention on the International Carriage of Goods by Road (CMR) of 1956.
19.2. The law of the Republic of Lithuania shall apply to the settlement of disputes and these terms of service. The Convention concerning the Convention on the International Carriage of Goods by Road (CMR Convention of 1956) shall also govern the relationship between the Parties, the carriage of cargo, the liability of the carrier, the giving of instructions, the execution of instructions, the indemnification of damages, the transferring of the cargo to the consignee, and related matters. The CMR Convention shall prevail in the event of disputes.
19.3. All disputes shall be settled by negotiation. In the absence of a negotiated settlement, all disputes arising out of or in connection with this contract and/or specific orders shall be settled in the courts of the Republic of Lithuania according to the location of the Carrier’s registered office.
19.4. If the Customer has a claim in respect of damage to, loss of, or other matters relating to the carriage of the cargo, the Customer may submit a claim in writing to the Carrier within 7 (seven) business days from the date of delivery of the cargo to the consignee.
19.5. The original of the claim and its annexes must be sent to UAB Parnasas at Metalo st. 2, LT-02190 Vilnius. In addition, the claim may be sent by fax or e-mail.
19.6. The Customer’s claim must be accompanied by the text of the claim describing the situation and the factual circumstances, the consignment notes, other cargo documents, the amount of the loss and the supporting documents, the documents of purchase of the cargo, photographs, etc.
19.7. The Carrier shall reply to the Customer’s written claims within 30 (thirty) calendar days. If the Carrier fails to reply within this period, the Carrier shall be deemed not to have met the Customer’s claim and not to accept it.
20. FINAL PROVISIONS
20.1. The Carrier shall have the right to unilaterally modify these Rules on the Carriage of Cargo (including fares) in order to improve its services and to respond to changes in the transport sector. If the Customer continues to use the services of the Carrier after the changes have been made, the Customer shall be deemed to have accepted the changes and not to object to them.
20.2. The invalidity of a part or a specific provision of these Rules shall not invalidate other provisions of the Rules. In the event of a change in the legal acts referred to in these Rules, the new provisions of such legal acts shall apply directly.
20.3. Documents, including individual orders, transmitted under this contract by e-mail or facsimile transmission shall have the authority of originals.