Legal notices
STANDARD PROCEDURE FOR THE ADMINISTRATION OF CARGO CLAIMS
Updated: 2022-06-06 / Version 1
Applicable in case when THE EXECUTOR – a company owned directly or indirectly by Girteka Group UAB
For the purposes of prompt settlement of the issues of restitution of losses and/or damages arising in any of the cases described in this procedure in a manner acceptable to the Customer and the Executor, and when this occurs during the provision of services by the Executor to the Customer, i.e., when planning, organizing and executing road freight transport, as well as when the Executor provides other additional services to the Customer that are related the organization and execution of road freight transport, and in accordance with the CMR Convention, the parties have drawn up this standard procedure for the administration of cargo claims.
The standard procedure for the administration of cargo claims shall apply:
- In case of loss of a part or all of the cargo;
- In case of damage to a part or all of the cargo;
- In the case of fall of cargo from a vehicle;
- In case of delays to submit vehicle for loading and/or delivery of cargo;
- In cases of non-delivery of vehicles;
PART I
Cases of damage to part or all of the cargo, loss of cargo dropped from vehicles
1. The Parties agree that when the Customer becomes aware of an event where during transportation the cargo was possibly damaged or lost, or if the Customer has become aware of the above, and the Executor delivers partially or completely damaged cargo to the destination, and/or the Customer identified other discrepancies or/and defects related to the cargo (hereinafter – damage to the cargo), the Customer shall take the following actions:
1.1 To mark any discrepancies of the delivered cargo in the CMR consignment note and inform the Executor immediately (on same day, however, any case no later than the next business day) by telephone or other means of communication specified and/or agreed in the contract.
1.2 To store the cargo without changing its condition (unless the changes are necessary to reduce the damage, prevent further damage and/or loss), follow the Executor’s recommendations (including, but not limited to, following the opinion/suggestions of the hired expert/surveyor) on further handling of the cargo intended for reduction of damages.
1.3 Within 3 business days after the initial notification (as provided for in paragraph 1.1. of this part) or if at the time of acceptance of the cargo the loss or damage caused through the fault of the Executor was not externally obvious and could not be noted on the CMR consignment note, send a written notification to the Executor within 7 business days after acceptance of the cargo. This written notification must be accompanied by all documents available at the time the notification is sent relating to the cargo and substantiating the damage information contained in the notification.
1.4 To submit a written claim to the Executor within 30 calendar days after delivery and/or learning about the damage to the cargo.
The claim to the Executor must be accompanied by all documents and evidence supporting the information specified in the claim and the amount of damage and/or loss.
Below is a non-exhaustive list of documents to be submitted with the claim (the required documents shall depend on the specific loss/damage situation and the Executor may request the Customer to provide additional documents not listed therein in order to examine the claim submitted by the Customer):
1. Cargo invoices;
2. CMR consignment notes;
3. Photographs of the damaged cargo while the cargo is still in the trailer with the visible license plate number of the trailer;
4. Cargo disposal documents, if the cargo has been disposed of;
5. Customs Cargo Declaration (GTD), if the cargo has left the territory of the EU during transportation.
6. Documents substantiating the losses incurred (e.g., calculations, invoices for rescuing cargo, repackaging, handling, post-event storage costs, necessary transport costs after the event, and/or etc.);
7. Police statement, protocol and/or other documents, in case of a traffic accident or cargo theft (if the Customer holds them or can receive them);
8. Other documents.
1.5 Within 14 calendar days from the receipt of the request from the Executor to respond to the Executor’s requests submitted during the examination of the Customer’s claim, and to submit the requested documents. If the Customer fails to provide the requested information and/or documents to the Executor within this term (or within another term individually agreed by the parties), the Executor may decide to reject the claim (or not accept liability for damage to the cargo if the claim has not yet been made) by a written notification to the Customer.
2. The Customer may, without providing other evidence, consider the cargo lost if the goods are not delivered within 30 calendar days after the agreed delivery deadline, or if the deadline has not been agreed, within 60 calendar days from the moment the cargo was accepted by the Executor. In this case, the Customer must file a claim within 30 calendar days upon expiration of deadlines specified in this paragraph.
3. If the Executor shall first become aware or suspect of the loss/possible loss or damage of the cargo, the Executor within 24 hours from aware will inform the Customer.
4. The Parties agree that upon receipt of a notice of damage to the cargo from the Customer, the Executor shall take the following actions:
4.1 Within 1 business day from the date of receipt of the notification (as provided for in paragraph 1.1 of this procedure), inform the Customer about the appointment of (or refusal to appoint) an external expert, and make recommendations to the Customer (including, but not limited to, the opinion/suggestions of the hired expert/surveyor) on further actions with the cargo intended to reduce damage.
4.2 Upon receipt of the Customer’s notice of damage to the cargo and/or the claim, and when additional information is required to make a decision on the demands specified in the claim, the Executor may request the Customer to provide additional evidence or documents substantiating the information indicated in the claim, and the amount of damages and/or loss.
4.3 When the amount of demands submitted by the Customer in the claim for damages does not exceed EUR 10,000 (ten thousand):
The Executor shall make a decision on the satisfaction, partial satisfaction or rejection of the demands set forth in the Customer’s claim and provide the Customer with a written response to his claim within 30 calendar days after receipt of the conclusions of the expert examination (if the expert examination has been appointed and performed) and all documents required to examine the claim. The response shall set out the reasons for the decision and, where applicable, the amount of damages to be awarded.
4.4 When the amount of demands submitted by the Customer in the claim for damages exceeds 10,000 (ten thousand) euros, the Executor shall additionally inform the Customer about the expected terms of the decision on satisfaction, partial satisfaction or rejection of the demands set out in the Customer’s claim.
5. The Parties also agree that upon receipt of the Executor’s decision to satisfy, partially satisfy or reject the demands set out in the claim, the Customer shall respond to the Executor in writing within 30 calendar days, stating that he agrees with the Executor’s decision or providing another reasoned response and additional substantiating documents and evidence.
6. After the Customer approves the Executor’s offer to settle the claim, as provided in paragraph 5, the Executor shall pay the compensation provided for in the offer to the Customer within the term separately agreed by the parties.
7. If the Customer rejects the Executor’s offer for settlement of the claim and/or submits a reasoned reply, additional documents and evidence, the Executor shall re-evaluate the information provided by the Customer in order to reach a mutually satisfactory decision. In this case, the parties shall negotiate separately on the terms of settlement of the demands specified in the claim and shall strive to find a solution that satisfies both parties to the contract as soon as possible.
8. Where part or all of the cargo is lost through the fault of the Executor and the Executor is liable for damages, the amount of compensation shall be calculated in accordance with Article 23(1-4) of the CMR Convention.
PART II
Cases of delay to submit vehicle for loading and/or delivery of cargo and/or non-delivery of vehicles
1. The parties shall agree on the dates and/or terms of loading and/or delivery of the cargo in the contract concluded (the order submitted by the Customer and confirmed by the Executor shall be equated to a contract). The cargo shall be deemed not to have been loaded on time for reasons belonged on Executor if the vehicle has not arrived at the place of loading within the time limits agreed by the parties, and it shall be considered that the cardo has not been delivered in due time, if it has not been delivered at the time agreed upon with the Customer, and, if the delivery terms have not been agreed upon, then taking into account the specific circumstances of transportation and, if loading is performed in instalments, taking into account the time normally required to complete the consignment – if the actual transportation time is longer than the time normally required by the diligent carrier to complete a consignment.
2. The Parties agree that the Customer shall have the right to submit a claim to the Executor within 21 calendar days from the agreed date of loading, if the Executor delays loading of the cargo within the agreed terms, and if the Executor delays delivery of the cargo – within 21 calendar days from the agreed delivery date. Below is a non-exhaustive list of documents to be submitted with the claim (the required documents shall depend on the specific situation, and the Executor may request the Customer to provide additional documents not listed therein in order to examine the claim submitted by the Customer):
1. Cargo invoices;
2. CMR consignment notes;
3 . Information and documents substantiating the loss (e.g., documents for the sale of cargo at a lower price, invoices for additional transport, etc.);
4. Other documents.
3. The exchange of relevant information and documents during the examination of claims due to delays in loading and/or delivery of cargo and/or non-delivery of vehicles handled between the Customer and the Executor shall take place as described in Part I, paragraph 1.5 of this procedure, and the claims shall be examined and a decision taken in accordance with paragraphs 4-7 of Part I of this procedure.
4. In cases where the time of loading or delivery of the cargo is exceeded due to the fault of the Executor, or the vehicle has not been delivered, and the Customer proves that as a result he suffered damages, the Executor shall compensate the losses not exceeding the freight fee.
PART III
Final provisions
1. Any notifications and claims to the Executor and responses to the Executor’s inquiries shall be sent to the Executor’s e-mail address and contacts specified in the contract concluded with the Customer, unless the parties agree otherwise.
2. During the claim processing period, the Customer shall not withhold payments to the Executor for the services provided and/or shall not set off the amounts of claims against the amounts payable to the Executor for the services provided without a separate written agreement. After the Executor has examined the claim and offered compensation, the parties shall negotiate separately on the terms of its payment, and in the case of equivalent financial mutual obligations, netting agreements shall be possible.
3. The Executor shall not be liable for the loss, damage or delay in delivery of the cargo if it occurred without the fault of the Executor but due to the fault of the person disposing of the cargo, as a consequence of his instructions, defects in the cargo or circumstances the Executor could not avoid.
4. The Executor informs the Customer that performing the contract concluded with the Customer and/or the cargo claims administration procedures will not be able to provide the Customer with information and documents that are confidential, unrelated to the claim or whose disclosure is not possible in accordance with applicable law.
5. These terms and conditions of the standard procedure for the administration of cargo claims shall prevail over the terms and conditions of the contract concluded between the Customer and the Executor, and in the event of any inconsistencies between the the terms and conditions of the contract and this procedure, the parties agree to follow the terms and conditions of this procedure.
None
EURO PALLET EXCHANGE
Updated: 2022-06-06 / Version 1
Applicable in case when THE EXECUTOR – a company owned directly or indirectly by Girteka Group UAB
For the purposes of prompt settlement of the issues of pallet exchange in a manner acceptable to the Customer and the Executor, parties agreed of pallet exchange conditions as follows:
1. These terms are applied to the relationships between the Parties in cases, when services of dedicated transport are agreed with pallet exchange service.
2. Pallet exchange is the process whereby the sender of goods and the receiver of goods exchange EURO-pallets. The receiver of the goods returns (exchanges) empty EURO-pallets to the sender. In this manner, the EURO-pallets can be reused in the cycle. As such, the agreement to exchange EURO-pallets exists between the sender and receiver of the goods. As a transportation supplier, the Executor can only facilitate the exchange process.
3. If the services of dedicated transport are agreed with pallet exchange service, the Executor is obligated to exchange empty EURO-pallets for goods already packed on pallets by the sender of the goods at the loading place and the Executor shall receive back the same number and the same quality of empty EURO-pallets from the consignee when the Executor delivers the goods at the corresponding unloading place. However, the Parties agree that the Executor is obligated to provide pallet exchange service only in cases, where the customer indicates the need for such service in contract and/or order and the Executor signs such contract or accepts such order. Furthermore, if the Customer sends a transport order which requires pallet service, but it has not been indicated in Contract before, the Executor shall have no obligation to accept the request in order for exchange the pallets. The Executor commits to exchange a maximum of 33 EURO-pallets at the loading place, more quantity can be loaded only after additionally written consent of the Executor and by the Customer costs.
4. The fact of exchanging the pallets or not exchanging the pallets shall be indicated both at loading and unloading places in the consignment notes or in the separate pallet exchange sheets, signed by both driver and representative of sender / consignee. The obligation to document the fact of exchanging the pallets at the loading place lies on the Executor and the obligation to document the fact of exchanging the pallets at the unloading place lies on the Customer (consignee). If the fact, that pallets were exchanged at loading place, is not indicated in consignment note or pallet exchange sheet, it is presumed, unless proven contrary by the Executor, that pallets were not exchanged at the loading. If the fact, that pallets were exchanged at unloading place, is not indicated in consignment note or pallet exchange sheet, it is presumed, that pallets were not exchanged at unloading unless proven contrary by the Customer (consignee).
5. Any EURO-pallets that the consignee fails to exchange at unloading are deemed not-exchanged and the Executor will not return EURO-pallets to the Customer that have not been exchanged. In such case the not-exchanged EURO-pallets are credited to the Executor (debited to the Customer) by issuing separate invoice to the Customer for not returned Euro pallets. If the Customer can come to an agreement with consignee to retrieve the not-exchanged EURO-pallets at a later moment, then the Executor can collect these EURO-pallets with additional order of the Customer. For this postponed collection of not-exchanged pallets, extra costs indicated in the agreed order shall be applicable.
6. Parties confirm their understanding that EURO-pallets, though durable, do not have an unlimited life. Therefore, not all EURO-pallets exchanged upon unloading by consignees will be as perfect as new ones. So even if sender sends brand new (“white”) EURO-pallets, the Executor may return used (“brown”) EURO-pallets and the sender has to accept them, provided these used (“brown”) EURO-pallets meet the basic quality norms (for example, are not broken, etc.), the EURO-pallets meet the quality not lower than class B (Quality Classification GS1).
7. These conditions constitute obligation of the Executor and the Customer. If at unloading place any situation regarding missing the pallets appears, the representative of the Executor shall immediately inform the Customer. The Customer is responsible for giving guidelines to the representative of the Executor within 1 hour after receiving information. On condition that time for providing information to the representative of the Executor exceed more than 1 hour, demurrages of 40 EUR/h will be applicable to the Customer and missing number of pallets would automatically be included in the pallet balance or an invoice would be issued.
8. The Customer will keep records about exchanged Euro-pallets according to consignment notes and / or pallet exchange sheets, provided by the Executor, in order to produce a monthly report of the EURO-pallet account between the Customer and the Executor. This monthly report will be shared with the Executor by e-mail within 5 (five) working days after the end of month. The Executor shall have 5 (five) working days after receipt of the report for checking the data of the pallet account, providing confirmation of or contradictions to the report by e-mail. If based on the report, confirmed by the Executor, the Customer and the Executor will determine absence of Euro pallets for reasons dependent on the Executor and the Customer agrees with later return of this number of Euro pallets these pallets will be returned later as will be agreed with the Customer. Parties additionally agrees that return of EURO-pallets to the Customer will be performed when 500 units of EURO-pallets the Executor will accumulate. In this case the Executor will return these Euro pallets to the Customer within 10 working days. If parties will not agree for later return of Euro pallets, the Customer will issue an invoice for compensation of not returned Euro pallets. Parties agree that compensation cost of one EURO-pallet will be agreed in the Contract or order confirmation. Parties agree that compensation cost of one EURO-pallet is 12 EUR.
9. If the Parties do not agree for latter return of EURO-pallets or return of money as stated in p. 8 above the claim to the Executor for not returned EURO-pallets might be presented by the Customer within 1 (one) month after end of reporting month.
10. The Executor shall have the right to reject any claims for not returned EURO-pallets as unjustified, if: a) the claim is presented more than 1 (one) month after end of reporting month, or b) the claim is presented according to balance of the account, not confirmed by the Executor, or c) the claim is presented without any balance of the account.
11. These conditions of pallet exchange comes into effect when the Customer starting using services of the Executor and is valid within all validity period of the services of dedicated transport with the Customer contract or until will be changed or revoked.
12. The Customer agrees to refrain from making any deductions from the invoices payable to the Executor and will not withhold payments according to the invoices issued by the Executor until the parties reach an agreement for not returned EURO-pallets and/or the Customer’s claims for not returned pallets will be resolved.
None
GENERAL TERMS & CONDITIONS
Updated: 2024-10-29 / Version 1
AGREEMENT ONLY FOR TRUCKING (Applicable, when Carrier provides only the truck with driver(s) and Customer provides the trailer) | |
Customer shall ensure: 1. That provided trailer for providing services is technically in good condition. 2. That provided trailer for providing services meets security requirements: (i) tilt trailer for cargo which value is less than 120 000 EUR; (ii) box trailer meeting TAPA security requirements for cargo which value is higher than 200 000 EUR or contains high risk goods such as electronics and its components, home appliances / bathroom equipment, tobacco and its raw materials, expensive alcoholic beverages, strong alcoholic beverages / beer, pharmaceutical products, chemicals, auto parts, clothing, footwear and sporting goods of well-known brands, high value groceries, luxury goods (perfumery, jewelry), non – ferrous metals, cosmetics. 3. That provided trailer for providing services is suitable for transporting particular cargoes in subject and is accompanied with all necessary documents for cargo transportation (registration documents, all permits, certificates, licenses, if needed etc.) as well as with all necessary equipment for proper fastening of cargo. 4. The Customer is required to always provide fully equipped trailers. If the Customer provides a trailer that is not fully equipped, the Customer shall bear all costs to the Carrier associated with equipping the trailer and, in addition, the Customer shall pay for all kilometers driven while the trailer was equipped by the Carrier. 5. Customer shall also ensure existence of compulsory motor third party liability insurance for all the trailers provided as required by applicable legal acts. Required for all Customers from the Netherlands and Denmark: Customer shall ensure existence of voluntary motor third party liability insurance for all the trailers provided with at least minimum amounts of insurance coverage as outlined in the website of Council of Bureau at: www.cobx.org/sites/default/files/cob_file_folder/MinimumAmountOfCoverage-2018.pdf. Customer shall ensure existence of motor own damage (casco) insurance for all the trailers provided with the maximum deductible of 1.000 EUR and waiver of the subrogation rights by Insurer towards the Carrier. 6. The Customer once a year undertakes to allow for the Carrier to perform the following: TUV (technical inspection) of the vehicle and semi-trailer; TA (technical maintenance) for the vehicle; Tachograph check for the vehicle. The Customer obligates for agreed time to present the vehicle and semi-trailer in by the parties agreed place. The Customer is obligated to deliver the truck for technical maintenance or TÜV inspection at least one week prior to the expiration of the relevant validity period. If the Customer fails to meet this deadline, the Customer shall be liable to compensate the Carrier for any resulting losses incurred due to the delay. | |
Customer (from the Netherlands and / or from Denmark) provides voluntary motor third party liability insurance for provided trailers: | YES / NO |
Customer provides motor own damage (casco) insurance for provided trailers: | YES / NO |
If the trailer provided by the Customer for the provision of transport services is damaged during provision of transport services due to the fault of a third party and the damage can be indemnified under the compulsory motor third party liability insurance, the Carrier shall not be liable for such damage and the Customer shall claim compensation from the person responsible for the damage or from his insurance company by itself. | |
TERMINATION OF CONTRACT |
The Agreement may be terminated at the initiative of any party without explanation of reasons upon condition of sending a written notification on such intention to the other party at least 60 (sixty) calendar days before the termination of it. If Customer terminates the Agreement before the agreed End of Agreement without written notification, Customer shall pay to Carrier penalties, amounting to 310 EUR per each day left till the agreed End of Agreement for each 1 (one) driver truck and 430 EUR per each day left till the agreed End of Agreement for each 2 (two) drivers truck. If Customer terminates the Agreement without written notification, when the End of Agreement is not agreed, Customer shall pay to Carrier penalties, amounting to 310 EUR per each day left till the agreed 14 (fourteen) calendar days’ term for each 1 (one) driver truck and 430 EUR per each day left till the agreed 14 (fourteen) calendar days’ term for each 2 (two) drivers truck. The Agreement may also be terminated by mutual written agreement between both parties. |
ADDITIONAL TERMS |
1. The Carrier has the right on his own initiative to recalculate the prices agreed by the Parties due to increased costs of executing the Agreement which are not under Carrier ‘s control (fuel price, drivers’ wages, new or increased taxes, any governmental decisions, increasing cost of services etc.) by notifying the Customer in writing about the recalculated prices no later than 14 (fourteen) calendar days before the application of the new prices. New prices are applicable immediately after 14 calendar days notification. 2. International transportation shall be performed and relations between the Parties shall be regulated according to the conditions of the Convention on the Contract for the International Carriage of Goods by Road (CMR convention) and other international legal acts regulating international carriage of freight by road. Domestic transportation shall be performed and relations between the Parties shall be regulated according to the conditions of legal acts of the country, in which the domestic transportation is performed. 3. The Customer shall execute all necessary freight documents (quality certificates, export permits, veterinary health certificates, sanitary certificates, invoices etc.), shall ensure the accuracy and sufficiency of data in these documents and shall reimburse all losses of the Carrier, incurred due to Customer’s failure to properly fulfill this obligation. 4. The Customer shall ensure proper packing of dispatched cargo, which must ensure its safety during transportation. The Customer shall ensure safety of cargo during loading and unloading operations. 5. The Carrier shall be entitled to assign execution of the present Agreement to the affiliated companies, belonging to Girteka group of companies, which shall perform the actual transportation, but the Carrier shall be liable to the Customer for the actions of its affiliated companies as for his own. 6. The Parties agree that the Carrier is not and will not be liable for the safety of the cargo during the entire transportation, if, when concluding the contract or the order sheet, the Customer has not specified additional cargo information (value, type), as well as if the cargo value exceeds the agreed value, or if the Customer has violated or otherwise failed to fulfill the conditions specified in the contract. 7. Parties agree that in the event that the Customer plans the route of the cargo on his own, specify the specific parking lots, where the Carriers drivers may stop, the Carrier shall not be liable for: (i) delays, if the delay is due to the freight route selected by the Customer (if the problems on the route could have been foreseen, such as road works, etc.), (ii) any loss or damage to the cargo during transportation of the cargo on the route specified by the Customer (if the problems on the route could have been foreseen, such as road works, etc., or the Carrier has informed the Customer in advance that this road is unsafe), (iii) losses incurred in the parking lots specified by the Customer (in case of theft, etc.), (iv) losses if the Customers provided trailer doesn’t meet TAPA security requirements, when transporting cargo which value is higher than 200 000 EUR or contains high risk goods. The Carrier is not liable for these actions specified previously, as this is not due to the actions of the Carrier, but due to the actions of the person disposing of the cargo (Customer). The Carrier shall be liable only for the proper technical condition of the vehicles used, the proper actions of the drivers and other damage caused exclusively by the fault of the Carrier. 8. Parties agree that in case of transportations from / to / through United Kingdom, the Customer shall arrange and timely (before the commencement of cargo loading) provide to the Carrier all necessary accompanying documentation, instructions, information and data, including, but not limited to movement reference number (MRN), required for proper fulfilment of customs and related procedures for crossing the borders. If the Customer fails to provide the MRN, the Customer shall bear responsibility for additional costs incurred. The Customer shall ensure the accuracy and sufficiency of provided information, instructions as well as of data in these documents. In case of vehicle’s retention during customs clearance, crossing the border or during transportation of the cargo due to Customer’s failure to properly fulfil its obligations indicated hereof or in case of waiting in line for any reason more than 3 (three) hours at any customs / border authority, point of exit / point of entry, including all ports, tunnels etc., the Customer shall pay to the Carrier a compensation for demurrages amounting to 45 (fourty five) Euros for each commenced hour of demurrages of 1 (one) Carrier’s vehicle with maximum amount of 450 (four hundred fifty) Euros for the whole day, including payment for weekends and holidays, and in the case the demurrages of vehicle exceeds 5 (five) calendar days, from the 6th (sixth) day of demurrages compensation for demurrages doubles up. If the Customer wishes the Carrier to provide all or part of the services of a customs broker, the Customer must agree and sign a separate agreement with the Carrier on the terms and conditions for the provision of customs broker services. 9. The Customer shall ensure proper loading/unloading operations including customs clearance (if applicable) of cargoes within 3 (three) hours after vehicle’s arrival to the place of operation. In case of no fixed loading appointment time, loading day 08:00 am will be kept considered as agreed loading appointment time. 10. Should the waiting time exceed the terms specified in Clause 9 the Carrier informs the Customer and the following provisions shall apply: The Carrier shall provide the Customer with a report detailing exceeded free waiting time and the resulting demurrage charges. Together with this report the Carrier shall provide a document demonstrating the vehicle’s position and timing (e.g. GPS printout or any other document) within the Customer’s warehouse (loading/unloading) territory which caused demurrage charges. The Carrier submits this report within 3 (three) days after the completion of cargo unloading; The Customer must confirm or dispute the reported demurrage charges within fourteen (14) days of receiving the downtime report; Demurrage charges shall be invoiced separately from freight charges. The Customer shall pay to the Carrier a compensation for demurrages amounting to 45 (fourty five) Euros for each commenced hour of demurrages of 1 (one) Carrier’s vehicle with maximum amount of 450 (four hundred fifty) Euros for the whole day, including payment for weekends and holidays, and in the case the demurrages of vehicle exceeds 5 (five) calendar days, from the 6th (sixth) day of demurrages compensation for demurrages doubles up. If the Customer wishes the Carrier to provide all or part of the services of a customs broker, the Customer must agree and sign a separate agreement with the Carrier on the terms and conditions for the provision of customs broker services 11. The Customer shall be liable to the Carrier for failure to pay any sums within the agreed term and shall pay to the Carrier penalty, amounting to 0,1 (one tenth) percent of due amount for each day of delay. 12. The price for services (freight rate) agreed between the Parties shall be deemed to cover all usual and anticipated costs and expenses the Carrier may incur for the proper performance of the services (fuel costs, drivers’ wages, charges and taxes, payable by the Carrier etc.). For the avoidance of doubt, the Parties confirm that the Customer in any case shall not be entitled to claim a price reduction retroactively, even in the cases, where it is legally confirmed that the Carrier has been overcharged with some charges and / or taxes. 13. Customer confirms that it gets acquainted with TNDM Trucking UAB standard procedure for administration of cargo claims and terms and conditions regarding the exchange of Euro-pallets and agrees with them. Conditions regarding pallet exchange (applicable, if the pallet exchange service is provided): https://www.girteka.eu/legal-notices/#conditions-for-euro-pallets Conditions regarding standard procedure for administration of cargo claims: https://www.girteka.eu/legal-notices/#standart-procedure-for-the-administration 14. Conditions regarding agreed minimum amount of km per month (applicable, if minimum amount of mileage per month is agreed). 14.1. In case the Customer orders less mileage per calendar month than agreed hereof (both driving empty and with the cargo), the Carrier shall be entitled to demand the payment from the Customer for the difference between actual and agreed minimum mileage using agreed Euros tariff per each unused kilometre. The amount of km is being calculated according to GPS coordinates of actual points of vehicle’s stops (not according to addresses or postal codes). 14.2. The Carrier will keep records about ordered amount of km per month per each truck in order to produce a monthly report of the ordered amount of km per month per each truck. This monthly report will be shared with the Customer by e-mail within 2 (two) working days after the end of month. The Customer shall have 3 (three) working days after receipt of the report for checking the data of report, providing confirmation of or contradictions to the report by e-mail. The absence of confirmation or contradictions within agreed term is considered as confirmation from Customer’s side. The report of the ordered amount of km per month per each truck shall be the basis for issuing the Carrier’s invoice, indicated in section “MILEAGE (agreed minimum amount of km per month per each truck)” for the difference between actual and agreed minimum mileage using agreed Euros tariff per each unused kilometre. 14.3. The Customer does not have a right to reject Carrier’s invoice, indicated in section “MILEAGE (agreed minimum amount of km per month per each truck)”, with arguments that Customer ordered less mileage per calendar month than agreed due to Carrier’s fault, if such information from the Customer was not received before producing monthly report of the ordered amount of km per month per each truck. If the Customer does not order services due to Carrier’s fault and it might result in ordering less mileage per calendar month than agreed, the Customer shall send such information to the Carrier by e-mail immediately. Additionally, the Customer must submit their arguments and corresponding calculations based on those arguments before canceling the Carrier’s invoice. Only in such cases may the Customer use such arguments for the rejection of the Carrier’s invoice, indicated in section “MILEAGE (agreed minimum amount of km per month per each truck)”. 15. Conditions regarding payment terms. 15.1. Payment by the Customer shall be made within agreed term, indicated in section “PAYMENT CONDITIONS”, after receiving a copy of the Carrier’s invoice and copy of CMR or other consignment note, if transportation is domestic, via e-mail. Parties clearly agree that Carrier’s failure to provide copies of other documents, except invoice and CMR or other consignment note, if transportation is domestic, does not relieve the Customer from obligation to pay for provided transportation services. The same applies if the Carrier fails to provide original copies of any document from agreed documents to be provided (if the need for original copies is agreed). 15.2. Parties agree that documents, sent by the Carrier to the Customer by e-mail for payment purposes, are considered received on the moment of sending an e-mail with the documents by the Carrier, if an e-mail is sent on working day until 5 p.m. Lithuanian time, and on the next working day after sending an e-mail with the documents by the Carrier, if an e-mail is sent on non-working day or after 5 p.m. Lithuanian time on working day. The Customer does not have the right to state that such an e-mail was never received by the Customer, if the Carrier can show an e-mail log, confirming that e-mail reached a Customer’s server. 15.3. Parties agree that, in case the Customer has overdue payments for the services and at least one of the invoices is overdue for more than 30 (thirty) calendar days or if the Carrier terminates the Agreement due to Customer’s fault, the payment term is considered immediately due regarding all unpaid invoices and the Carrier has the right to demand immediate payment of all outstanding invoices, including by judicial means, without waiting for the initial payment term, agreed between the Parties in the Agreement or in the transportation order, becoming overdue. 15.4. Parties agree that before sending the original documents via post to the Customer (if sending of original documents is agreed by the Parties), the Carrier shall send an e-mail to the Customer, indicating the date, when the original documents will be sent, as well as the list of documents, which will be sent, together with attachment of the copies of documents, which will be sent. If within 10 (ten) working days after sending abovementioned e-mail the Customer does not send any complaints or reservations to the Carrier via e-mail about lack of any document, it shall be considered as Customer’s confirmation that all documents from the list, indicated in abovementioned e-mail, are received by the Customer. 15.5. The Parties agree that situation with coronavirus (COVID-19) and the various prohibitions and / or restrictions resulting from this are not and will not be considered as a valid cause for the Customer not to pay for the services provided by the Carrier, or to require a deferral of payment for services provided by the Carrier. 16. The Client shall not have the right to offset any payments from the Carrier with any invoices that may arise due to damages, penalties, or similar claims. 17. The Parties undertake not to use and not to disclose the commercial information that was received or became known to them in the course of joint work, information on the conclusion of the Agreement and its conditions, as well as other information about the Parties, to a greater extent than is necessary for the proper execution of this Agreement. 18. The present Agreement may be amended and / or supplemented by a written mutual agreement of the Parties. In case the Parties shall reach an agreement and conclude the amendment of the present Agreement, new or modified clauses of the Agreement shall be applicable only in respect of orders of transportation, concluded after the amendments to the Agreement have been concluded in writing. New or modified clauses of the Agreement won’t be applicable in respect of orders for transportation concluded before mentioned amendments to the Agreement have been concluded in writing. 19. The Parties of the Agreement shall process (including the transfer of personal data to third parties (customers / partners) for the performing of contractual obligations) the personal data (name, surname, employer, position, telephone number, e-mail address) of their employees, agents or other representatives transferred to each other in accordance with the legitimate interests of the Party for the purpose of conclusion and performance of the Agreement and for maintaining commercial relations with the Party of the Agreement. The Parties while processing personal data undertake to comply with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and other legal acts regulating the protection of personal data. Each Party of the Agreement before transferring personal data to another party for the purpose of conclusion and performance of the Agreement and commercial communication undertakes to provide employees, agents or other representatives with the information on processing and transfer of their personal data that is required according to legal acts. The information provided should include the objectives of the processing of personal data, the legal basis, the period of retention and the data subjects’ rights. The Parties of the Agreement shall store the received personal data only as long as it is necessary to achieve the purpose. The data shall be provided in a manner determined by the Parties of the Agreement, including automatic and non-automatic means of the data transfer using appropriate personal data protection measures consistent with the emerging risks. 20. The Customer, in the performance of this Agreement, is required to comply with the Carrier’s Code of Conduct (https://public-file-sahring-for-girteka-group-website-prod-eu-central-1.s3.eu-central 1.amazonaws.com/Girteka+Group+Code+of+Conduct/Code+of+Conduct+2024_EN.pdf) and the requirements set forth therein. 21. By signing this Contract the Customer confirm that it and its shareholder (-s), and ultimate beneficial owner (-s) are not included into consolidated list of persons, groups and entities subject to European Union, UN, OFAC, UK or domestically applied sanctions. The Customer is obliged to immediately inform the Carrier in writing regarding the sanctions applied to him in the future and after the signing of this Agreement no later than within three working days prior to the entry into force of these sanctions. In the event the Customer provides inaccurate information, hides the fact of the application of sanctions or does not provide the specified information for any reason, these circumstances will be considered a material violation of the Agreement and shall be ground for the Carrier to unilaterally terminate the Contract immediately. The Parties agree that the Carrier cannot and will not be liable under any circumstances, and under no circumstances does not assume any risks of violation of the sanctions regimes mentioned above through the fault of the Customer and/or shareholder(-s), and/or the fault of the ultimate beneficiary owner (-s). In the event the Carrier has an obligation to make payment in accordance with the Agreement, a tort, law or other basis provided for by legal acts, a non-fulfillment or improper fulfillment of such an obligation due to the application of the sanctions specified in this paragraph to the Customer is not considered as a violation of contractual rights or the rights of the Carrier provided by legal acts. 22. Please be informed that when you become our customer, the contact data of your specified contact persons will be processed for the purpose of sending quality surveys (“NPS”) on the basis of legitimate interest. You have the right to object to the processing of your contact data for this purpose by submitting a written objection by e-mail npsunsubscribe@girteka.eu. 23. The Carrier has the right to transfer his claim (s) to the Customer to third parties and this does not require the consent of the Customer. The Carrier, having transferred his claim to the Customer to a third party, has the obligation to inform the Customer in writing about the assignment. This condition cannot be changed with the terms of any individual order. 24. In the event of disputes regarding the terms of this contract and the emergence of legal relations based on this Agreement, Lithuanian law shall apply. The Parties try to resolve the disputes peacefully within 20 days, if they fail to resolve the disputes peacefully, the Parties apply to the courts of the city of Vilnius, located in Lithuania. 25. The Parties agree that the terms and conditions of present Agreement cannot be changed / amended with the terms and conditions of individual orders or with terms and conditions of any Customer’s standard terms and conditions unless it was specifically indicated in writing that Parties intent to change / modify particular clause of the Agreement. 26. The Parties shall be released from their responsibility for partial or full non-execution of their liabilities hereunder, if such failure is due to any force majeure circumstances (for example: acts of God, hostilities, acts and actions of legislative and executive authorities and other similar circumstances) impeding fulfilment by the Parties hereto of their obligations hereunder, which the Parties did not foresee and could not foresee on the date of signature of this Agreement. The Parties agree that force majeure shall not include situations where the Customer is aware, or reasonably should have been aware, of adverse conditions such as flooding or other natural disasters in a specific area. Therefore, if the Customer directs a truck to a location affected by such adverse conditions, such as flooding, it shall not be considered a force majeure event in relation to the Customer’s obligations under this Agreement, meaning that the Customer shall not be released from obligation to pay the agreed amounts under the Agreement.
27. In case of force majeure circumstances the fulfilment of obligations will be postponed for a period equal to the time during which such circumstances lasted. The Party affected by force majeure circumstances shall notify the other Party of such circumstances within reasonable time by using all means available to both Parties hereto and attach sufficient proof. 28. Should a circumstance of force majeure persist for longer than 3 (three) months, each Party may terminate this Agreement with reasonable written notice to the other Party, and neither shall claim damages from the other Party. 29. The Parties agree that plague, epidemics, pandemics, infectious disease outbreaks or any other public health crisis, including quarantine or other restrictions on the employees of the Parties, their suppliers and customers, on the activities of the Parties, their suppliers and customers, including statutory restrictions (except where the law directly suspends the activities of the Parties or restricts them in such a way that the Parties are unable to take action necessary to fulfil their obligations under this Agreement), shall not be considered as force majeure impeding fulfilment of financial obligations (making payments) under this Agreement. In the circumstances referred to in this paragraph, the Parties agree that, in the event of an obligation under the Agreement to provide originals of at least one of the documents provided for in the Agreement, the provision of scanned copies of such relevant documents shall be deemed appropriate. However, if the circumstances referred to in this paragraph physically impede and / or restrict possibility of providing services (restrictions on crossing borders, employees‘ shortages due to disease outbreak or compulsory isolation / quarantine of workers, etc.), such circumstances would be considered as force majeure circumstances, relieving the Carrier from liability of failure to perform contractual obligations. 30. The Parties also agree that in case of any differences between conditions specified in separate order sheet and the main Agreement, priority shall apply to the conditions specified in the main Agreement.
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MAP & GUIDE SETTINGS
Updated: 2022-06-06 / Version 1
Please be familiarize with Map&Guide tolls calculation settings which are used by TNDM company to ensure productivity in truck utilization and take care of sustainability.
The following settings:
Technical Data:
- Emission Class: Euro 6
- Number of Axles: Vehicle – 2, Trailer – 3, Combined – 5
- Gross Vehicle Weight Rating (GVWR): 40 tons
Routing Settings:
- Optimization: 100% quickest route
- Truck Restrictions: Include route restrictions (road closures, weight, axle load, clearance height/width, length, and transit bans)
- Road Types: Avoid residential roads and roads limited to residents or deliveries only
Also, note that all TNDM Trucking vehicles have a maximum speed of 82 km/h, controlled by speed limiters. This is part of our effort to reduce CO2 emissions and promote eco-driving. Limiting speed helps us reduce environmental impact, and contribute to a more sustainable future.
Thank you for your cooperation.
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STANDARD TRUCK EQUIPMENT
Our environmentally friendly fleet is constantly being renewed with the latest, most innovative vehicles on the market, which ensures that our experienced drivers work in the safest and most comfortable environment available.
Our reefers are secured with safety equipment certified according to the TAPA TSR level 1 standard. They are re-calibrated annually to ensure they can fulfill their role accordingly. Trust your temperature – sensitive goods to the trailers which have cooling equipment that ranges from -25°C to 25°C or high-value cargo to the safest transport provider.
Tilt trailers are all state-of-the-art options that meet the latest standards with TAPA locks on back door.
All our trailers are also equipped with GPS tracking, 24/7 cargo monitoring and TAPA security locks for safe delivery of your goods.
All our trucks are powered by the latest Euro 6 standard diesel engines. Our large and modern fleet allows us to provide capacity and flexibility to all our customers across our wide network.
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