RULES FOR TRANSPORT OF GOODS AND VEHICLES IN SAURIMA
1. APPLICATION OF THE RULES
1.1. These cargo and carriage rules apply between the Saurima (hereinafter referred to as the Carrier) and the Client (hereinafter referred to as the Client) for domestic and international carriage of goods and vehicles agreed between the Carrier and the Client.
1.2. The Client, by any means conveying a load or other means of transport, agrees to the terms and conditions of the carriage rules specified below and undertakes to comply with them.
1.3. A carriage agreement concluded between the Carrier and the Client shall come into force from the moment when the Client submits an order for the carriage of goods, and the Carrier accepts such an order.
2.1. When placing an order, the Client must inform the Carrier about the type of cargo, its characteristics, the data of the vehicle or other vehicle to be transported and the specific type of vehicle required for the chartered cargo.
2.2. The Carrier is entitled to refuse to carry goods, if the Carrier or Carrier driver, upon arrival at the place of loading, sees that it will not be possible to carry it with the type of vehicle ordered by the Client. The Client may not claim the use of the Carrier’s vehicles in a way that could cause damage to them or for purposes other than those provided for in these Rules.
3. VEHICLES, LOAD VEHICLES AND CLEANED TREES
3.1. The carrier accepts various types of goods and vehicles for transport, with the exception of prohibited articles.
3.2. Before the transfer of a vehicle or cargo, the Client must contact the Carrier to ensure that the vehicle or cargo can be transported using the Carrier’s services, and the items in the cargo or vehicle do not fall into the category of prohibited items.
3.3. The carrier does not under any circumstances carry out prohibited articles, and if this fact becomes evident at the time of shipment, the shipment of the cargo (its respective part) is canceled and the shipment may be handed over to the relevant state authorities at the discretion of the Carrier or upon instructions from public authorities. In the case of prohibited goods, the Client undertakes to cover all losses incurred by the Carrier in connection with the carriage of prohibited items.
3.4. Prohibited items are:
3.4.1. High-value items (jewelery, artwork, antiques, precious metals, precious stones), money, tickets, checks, lottery tickets, bank cards, securities, stocks, bills and other documents (including but not limited to identity documents, diplomas) and items in which damage can not be restored, reconstructed and / or replaced by equivalent.
3.4.2. Weapons, ammunition, explosives, flammable, poisonous and radioactive materials or waste, narcotic and psychotropic substances and substances or products which, because of their chemical or physical properties, may endanger human health, safety, environment or property and are included in the United Nations Expert Committee on Dangerous Substances.
3.4.3. Any items, goods, materials the carriage (import, export, transport) of which is prohibited under the law of at least one of the states in whose territory the shipment is carried out.
3.5. The list of prohibited items specified in the Rules is not exhaustive. The suitability of the cargo is evaluated and the Customer is fully responsible for its packaging and contents.
4. ORDER OF CARGO TRANSPORT
4.1. In order to order the shipment, the Customer must submit an individual cargo shipment order in a written form. When submitting an order, the Client must specify the exact conditions and specifics of the particular cargo and transportation (sender, consignee, addresses, access characteristics, telephone numbers, terms, cargo and package data, properties, special transport instructions, storage instructions, etc.).
4.2. Orders are accepted at www.saurima.lt on the dates and hours indicated.
4.3. The order is deemed accepted only when the Client receives the Carrier’s confirmation of acceptance and execution of the order. The carrier reserves the right, without giving reasons, to refuse to accept the customer’s order.
4.4. Orders are provided in writing, including email.
4.5. During the acceptance and execution of the order, the client must ensure accurate, complete and accurate information about the cargo and the conditions of its transportation, including the cases where the consignment note is filled by the Carrier.
4.6. For each shipment, the provisions of these rules apply. Orders are an integral part of them.
4.7. The Carrier reserves the right to refuse to execute the Order submitted by the Customer, if: a) the order was submitted in vain; (b) the load is not properly packed for transportation; (c) the order is submitted on days and hours of unemployment; d) the Customer is owed to the Carrier for the services rendered previously; e) The Customer does not fulfill his obligations in any other way.
5. PACKING OF THE CARGO
5.1. The customer is responsible for the transportation of the goods transported for transportation, their packaging and labeling / marking.
5.2. The customer must ensure that during the loading, the cargo is properly and safely packed for transportation, and the cargo packaging will conform to the applicable freight transport standards for a specific type of cargo, i.e. y the cargo being transported will be protected against damage or damage during loading, sorting, transport and storage and will not endanger people, the environment, vehicles and other goods.
5.3. The load must be packed and ready for shipment until the Carrier or Carrier driver arrives at the loading place.
5.4. The Customer must indicate the name of the sender (the Customer), the exact (full) address, city, contact person, telephone on the package in a prominent place; the recipient’s name, exact (full) address, city, contact person, telephone; the number of packages sent, the dimensions of the load and any other information requested by the Carrier.
5.5 When a consignment is shipped to several recipients, the Customer has to group the goods and pack them and label them individually to each consignee.
5.6. The carrier reserves the right not to accept the cargo for transportation if it is not properly packaged or the package is not properly marked.
6. CARGO INSURANCE
6.1. Taking into account that the Carrier’s liability under the various legislation regulating road transport is limited. Therefore, the Client, having knowledge of the value of his cargo, must independently arrange for additional cargo insurance.
6.2. The Carrier may mediate in addition to insuring the Client’s cargo, if it is agreed upon in writing.
7.1. The carrier undertakes to arrive at the place of loading with a technically clean vehicle.
7.2. Cargoes for loading are accepted at the agreed time between the Carrier and the Client.
7.3. The Client must ensure that, in the time and place specified in the order, the Transporter or the Carrier’s driver is provided with a cargo ready for transportation, with all the documents necessary for proper loading of the cargo.
7.4. The Client must ensure that the Carrier’s vehicle can access the sender’s place of loading without interruption. In winter, conditions must be provided for safe access to the loading area (access must be cleaned and sprinkled). Failure to do so ensures that the Client and / or the consignor undertakes to deliver the cargo to the Carrier’s vehicle.
7.5. The customer is required to ensure that, along with the load, all the data and documents required to complete the import and export customs and other formalities are required, as appropriate.
7.6. During the loading, the Carrier or the Carrier’s driver must be able to inspect the load and make sure there is no damage / defect in the package.
7.7. The cargo is not considered accepted until it is fully loaded with the vehicle delivered by the Carrier and until the Carrier or the Carrier’s driver has performed a cargo inspection with the consignment note, outside inspection and has not signed on the bill of lading.
7.8. The carrier reserves the right not to accept the cargo for transportation if it does not correspond to the weight, volume, volume, dimensions and other parameters specified in the order, or there is no possibility to check the requirements specified in the consignment note or the cargo, as well as when the cargo at the time of acceptance is damaged and the Customer refuses to sign the cargo violations the act In this case, the Carrier has the right not to wait until the goods are properly prepared for transportation or the Customer will rectify other cargo-related deficiencies.
8. TRANSPORT DOCUMENTATION
8.1. A bill of lading is issued for each individual transportation. The bill of lading data may supplement the order data.
8.2. The bill of lading is usually made up of 4 (four) copies, one of which remains for the consignor (the customer), the second one for the consignment, the third for the consignee, and the fourth for the carrier. Upon request, a larger number of copies of the bill of lading can be agreed upon.
8.3. The customer must sign the consignment by transferring the cargo, indicating his name, surname, and position.
8.4. Upon carriage of goods, upon the request of the Client, the Carrier may provide the Client with a copy of the bills of lading. Checklists and their copies are refunded for a separately agreed extra charge.
8.5. When shipment is done, individual bill-posters are issued for individual partial shipments.
8.6. The Client undertakes to clearly inform the Carrier in each particular case, how much and which documents the Carrier must return to the Client.
8.7. The Client is responsible for providing accurate, complete and correct information for filling in the bill of lading, including cases where the bills are filled in by the Carrier’s representative. The Customer must reimburse the Carrier for losses incurred due to inaccurate / false information.
9. LOADING OF CARGO
9.1. The carrier carries out loading operations manually, if the weight of one package does not exceed 30 kg and there is no need for additional or special equipment to load the load.
9.2. If the weight of the cargo exceeds 30 kg or additional or special equipment is required for loading, the Customer undertakes to provide, at his own expense and with the money, the opportunity to load the load on the Carrier, i.e. y During the loading, a special technique, a ramp is required, the conditions for the carrier’s access to the loading place, etc., are possible.
9.3 During loading, the carrier’s driver must be able to inspect the load and ensure that there is no damage to the packages. If violations / deficiencies are identified, the Carrier’s driver and the Client must draw up an infringement / defect in the cargo record and record any irregularities / deficiencies in the cargo documents or the Client must provide other documents certifying cargo damage. If the Customer refuses to sign (sign) the act or submit his / her documents, the Carrier reserves the right to refuse to accept the cargo.
9.4. The Client can not demand that the vehicle delivered by the Carrier load a load in excess of the requirements for the vehicle’s weight and gauge.
10. VEHICLE AND CARGO TRANSPORT
10.1. The carrier’s choice of carrier or carriage of goods is at the discretion of the Carrier.
10.2 The Carrier undertakes to cooperate promptly with the Client, provide information about the course of the carriage and inform the Client about the obstacles encountered during the carriage.
10.3 The Client must promptly inform the Carrier orally (and immediately acknowledge it in writing) of any change in the loading / unloading of cargo or other significant information.
10.4 If the customer carries out a redirection during the transport of a vehicle or cargo (indicates another delivery address or other recipient), the carrier may request an additional payment for departure from the initial route.
10.5 The Client does not oppose and authorizes the Carrier, if necessary, to reload the vehicle or cargo into another vehicle (both Carrier and third party).
10.6 The Client also does not object to and agrees that the Carrier would hire a third person (another carrier) for the execution of a particular vehicle or for the carriage of a specific cargo or part thereof. In this case, the Carrier is liable for the actions of the third person hired by him.
11. CUSTOMER’S INSTRUCTIONS
11.1 In the event of circumstances that impede the shipment, the Carrier shall contact the Client for further instructions on carriage. If they are not provided within the time specified by the Carrier, the Carrier has the right, at the Customer’s expense, to land the vehicle or goods and transfer it for storage, including unloading and storage to third parties.
11.2. Any instructions related to the goods transported must be submitted by the Client in writing: on the consignment note, in the order, in a different written form (including e-mail). Oral instructions must be confirmed immediately in writing.
11.3. At the carrier’s request for instructions on carriage (for example, in the event of unforeseen circumstances, in the absence of the recipient, etc.), the Client must submit written instructions to the Carrier immediately, but not later than within 1 (one) hour.
12. LOADING OF CARGO
12.1. The carrier carries out unloading operations manually, provided that the weight of one package does not exceed 30 kg and there is no need for additional or special equipment for unloading the cargo.
12.2. If the weight of the cargo exceeds 30 kg or additional or special equipment is required for unloading, the Customer undertakes to ensure, at his own expense and at the expense of the landing site, that such cargo can be unloaded from the Carrier’s vehicle, i.e. y At the time of unloading, a special technique, a ramp would be prepared, conditions were created for the Carrier’s vehicle to reach the landing site, and so on.
12.3. The Client must ensure that the Carrier’s vehicle is unrestricted access to the place of unloading of the consignee. In winter, conditions must be provided for safe access to the landing site (access must be cleaned and sprinkled). Failure to do so ensures that the Client and / or the consignee undertakes to take the cargo to the Carrier’s vehicle.
13. TRANSPORT TO THE RECIPIENT
13.1. Cargoes are delivered to recipients on agreed days and hours.
13.2. The goods are transmitted to the recipient upon presentation of an identity document (valid passport, driving license, ID card) and signed on the bill of lading. The shipment to another person (other than the Recipient specified by the Employer) shall be provided by the Carrier only if the person who withdraws the cargo presents a duly certified authorization.
13.3 When accepting the goods, the consignee must check the condition of the cargo together with the Carrier’s driver. If the cargo packaging is damaged or missing, it is obligatory to indicate it on the consignment note at the time of acceptance of the cargo. If there are no such markings, the goods are considered to be in good condition and in full.
13.4 Upon signature by the recipient on the bill of lading (together with the name, surname, position of the payee), the consignment is deemed to have been handed over.
13.5 If the Recipient refuses to accept the cargo, the Carrier has the right, after informing the Client and having received his permission or within a reasonable time after receiving the Customer’s reply, to unload the goods into the warehouses of third parties. Such warehousing and other related expenses shall be reimbursed by the Client.
13.6 If there is a dispute in the determination of the size of the shortage or damage to the load, an expert may be invited at the expense of the party claiming the claim. Later, the expert’s work expenses will have to be borne by the guilty party.
13.7. The customer must ensure that the sealed vehicles, their separate sections, the receiver of the containers will open together with the Carrier’s driver.
14. PRICE AND SETTLEMENT
14.1. The Services provided by the Carrier shall be accounted for by the Client according to the Carrier’s rates of service, which are valid at the time of placing the order.
14.2. The amount and currency of a specific shipment may also be indicated on the order, unless otherwise specified.
14.3. Services not covered by these rules are provided at an additional cost.
14.4 For the services rendered, as well as for other payments (for example, for compensation of losses and impunity), the Client must pay by bank transfer (it is necessary to specify the account number) within the term specified in the order or the account, but not later than within 15 (fifteen) calendar days thereafter when the Carrier gives the Client an invoice. The Carrier reserves the right to the Customer to issue a preliminary account for the services.
14.5 The Carrier reserves the right from the Client to request an advance payment to cover part or all of the payment for services before commencing performance of the order placed by the Client.
14.6. Customer accounts are sent by e-mail. The customer must send confirmation that the account has been received.
14.7. If the Customer wishes to return the accompanying documents (invoice, bill of lading, etc.) to the address indicated by the customer, the Client will have to pay extra EUR 1.45 + VAT for the shipment of these documents. Delivery of accompanying documents is delivered once a week.
14.8 If the Client provided incorrect or inaccurate cargo weight data or did not properly ensure the Carrier’s ability to load / unload the Cargo, the Final Carrier’s price for that particular carriage is calculated taking into account the actual weight of the cargo submitted by the Client and not the weight specified in the order.
15. ADDITIONAL EXPENDITURE
15.1. The Client has to pay additional expenses related to transportation of cargo, improperly completed / filled-in cargo documents, customs procedures, fees, loading / unloading, warehousing, downtime, and other additional costs, unless the Client and the Carrier agree in writing that specific additional costs assumes the Carrier.
15.2 The Shacker has the right to increase the price of a specific shipment if during the shipment it became clear that the Customer provided incorrect data or did not provide the required cargo data at all, and the Carrier should therefore have to purchase additional services (cargo weighing, measuring, etc.) in order to carry out the shipment properly.
15.3. In case of additional expenses, the carriage of goods is suspended until the payment of such costs is compatible with the Client and is confirmed in writing.
16.1. The Carrier and the Client’s liability is determined on the basis of the provisions of the CMR Convention and other legislation regulating road transport activities.
16.2. In case of damage or loss of the Carrier, the Carrier only covers direct losses. Indirect losses incurred by the customer, including loss of income or profits, and non-pecuniary damage, including deterioration of reputation, are not reimbursed.
16.3. If the Carrier has compensated for the damaged cargo or part thereof, the Client must transfer such cargo or part thereof to the Carrier’s property.
16.4 The customer is solely responsible for the content of the cargo and its compliance with the requirements of the legislation.
16.5 The Customer assumes responsibility for the proper preparation of the cargo and cargo documents, the correct packing of the cargo and the correct labeling, and compensates the Carrier for the damage and additional costs (including customs penalties, costs of storing or redirecting and returning, etc., by sending / receiving goods outside the EU) due to the Customer / Shipper and / or the recipient of the fault arising from the incorrectly packed or missely marked goods, inaccurate or incorrect data, inappropriate documents, written instructed by the Customer, inability to provide the correct data, documents, permits or licenses.
16.6. The Client undertakes to cover all direct and indirect costs incurred by the Carrier in connection with the carriage of prohibited items, which the Client, either intentionally or negligently, transfers to the Carrier.
16.7. For a vehicle due to delayed loading or unloading, or due to lack of documentation or delay in delivery of the documents, and other irregularities that resulted in downtime, the Client shall pay the Carrier a penalty of EUR 15 per hour of idle time. The downtime starts to run 20 (twenty) minutes after the scheduled loading, unloading, delivery of documents or other information.
16.8 Failure to deliver the order for termination of the load according to the order made by the Customer or for the cargo ordered in accordance with the order, upon delivery of the vehicle by the Carrier, the Client shall pay a Shareman 10% of the cost of the carriage, but not less than 30 EUR.
16.9 The Client is obliged to compensate the Carrier for the penalties for overweight and congestion on the axles of the vehicle in cases where the weight indicated in the cargo documents does not correspond to the actual weight of the load.
16.10 The Customer is liable for the fulfillment of tax obligations and compensates the Carrier for the resulting tax obligations to pay VAT (value added tax) if the Carrier’s obligation to pay VAT will be determined due to the Customer’s avoidance of disclosure of precise information related to his economic and commercial activities in the Republic of Lithuania.
16.11. The Carrier is not liable for the total or partial non-performance of its obligations under the Contract if this is due to the operation of force majeure circumstances, i.e. y fires, floods, earthquakes, storms, strikes, wars, thefts, armed assault, road repairs, road accidents and accidents (if not the fault of the Carrier), roadblocks, mooring operations and other public authorities, confiscation of goods by public authorities (if not the fault of the Carrier).
17.1. The parties undertake not to disclose or disclose to third parties confidential information about mutual relations, the conclusion of contracts and their conditions, and other information about themselves more than what is necessary for the proper fulfillment of their obligations.
17.2. Confidential information means any information related to this agreement, its creation and execution, including information about our negotiating positions, prices, payment procedures and terms, customers (customers), their details, and conditions for individual transportation orders.
17.3 If a Party has any doubts as to the confidentiality of certain information, that Party shall treat such information as confidential information until it has received confirmation from the other Party that such information is not confidential.
18. VALIDITY AND TERMINATION OF THE AGREEMENT
18.1. Carriage agreements concluded between the Client and the Carrier and these rules are valid until the Client is using the Carrier’s services.
18.2. The Carrier is entitled to terminate the Contract unilaterally without additional notice, if the Customer does not pay for services in time or otherwise violates the contract.
18.3 The Client is entitled to unilaterally terminate the Contract by notifying the Carrier in writing, if the Carrier essentially does not comply with the contractual obligations.
19. APPLICABLE LAW AND DISPUTE SETTLEMENT
19.1. All shipments are carried out in accordance with the 1956 Convention on the Contract for the International Carriage of Goods by Road (CMR).
19.2. Dispute settlement and these rules of service provision are governed by the law of the Republic of Lithuania. Relations between the parties, cargo transportation, carrier’s liability, instructions for delivery, execution, compensation, transshipment and related matters are also defined by the Convention on the Contract for the International Carriage of Goods by Road (CMR 1956 Convention). In disputes, the CMR Convention is a priority.
19.3. All disputes are negotiated. Any dispute arising out of and in connection with this agreement and / or specific orders shall be settled in the courts of the Republic of Lithuania according to the place of the Carrier’s place of settlement without resolving the dispute.
19.4 If the Customer has claims regarding damage to the cargo, loss or other issues related to the carriage of cargo, the Client may sue the Carrier in writing within 7 (seven) business days from the date of delivery of the goods to the Beneficiary.
19.5 The original application must be sent to the Saurima company, address Mindaugo g. 19, Vilkaviškis. Additional claim may be sent by email.
19.6. The claim text must be enclosed with the Customer’s claim, describing the situation and circumstances, the bill of lading, other cargo documents, the amount of damages and supporting documents, cargo purchase documents, photographs, etc.
19.7. The Carrier will respond within 30 (thirty) calendar days to the Written Claims of the Customer. If during this time the Carrier fails to respond, it will be deemed that the Carrier has not satisfied the Customer’s claims and disagrees with it.
20. FINAL PROVISIONS
20.1. The carrier has the right to unilaterally change these cargo transportation rules (including service charges) in order to improve the services provided and responding to the changing situation in the transport sector. If after the amendments the Client continues to use the Carrier’s services, it is considered that the Client has accepted and does not object to the amendments.
20.2. Invalidity of part or clause of these rules does not invalidate the other rules. Changes to the legislation referred to in these rules are subject to the new provisions of those legal acts.
20.3 The documents, including individual orders, transferred under this agreement by electronic mail, have the original power.