Terms and conditions
I. GENERAL PROVISIONS AND APPLICATION
1.1. These general terms and conditions for the provision of freight forwarding services (hereinafter referred to as the Terms) apply to all MB “Fastekas” (hereinafter referred to as the Forwarder)
For orders placed by Customers, concluded contracts, submitted offers and services provided by the Forwarder, if the Customer was
informed about the application of these Terms and Conditions.
1.2. Orders placed by e-mail, through information systems or other means of electronic communication are considered to have the same legal effect.
have the same force as contracts concluded in writing, except in cases where applicable legal acts require a written form.
1.3. If there is a conflict between these Terms and Conditions and the provisions of an individual contract or order, the individually agreed condition shall prevail.
1.4. These Terms and Conditions apply to the extent that they do not conflict with applicable law. Any deviations from them shall only apply if expressly provided for in the
to be confirmed in writing.
1.5. By placing an order or concluding a contract, the Customer confirms that he has read and agrees to these Terms and Conditions.
II. CONCEPTS
2.1. Forwarder – MB “Fastekas”, operating as a provider of freight forwarding services.
2.2. Client – any legal or natural person ordering services provided by the Forwarder.
2.3. Contract – any agreement between the Forwarder and the Client regarding freight forwarding services, including agreements concluded electronically.
The Contract consists of the Order and these Terms, unless the parties agree otherwise.
2.4. Order – A request or document submitted by the Client, which specifies specific service conditions: type of cargo, quantity, loading conditions
and delivery locations, transportation method, terms, insurance requirements and other necessary information. The order is considered confirmed when the Forwarder confirms it
confirms to the Client.
III. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. General provisions
The Client instructs, and the Forwarder undertakes, for a fee, to organize the transportation of the cargo and perform related actions at the Client’s expense and in the interests of the Client.
3.2. Duties and rights of the freight forwarder
3.2.1. Organizes the transportation of cargo according to the conditions agreed with the Client.
3.2.2. Provides the Customer with information about the movement of the cargo, when objectively possible.
3.2.3. Executes the instructions provided by the Client, provided that they do not contradict legal acts and agreed terms.
3.2.4. Has the right to change the payment procedure if the Client violates payment or other contractual obligations.
3.2.5. Has valid civil liability insurance for an amount of at least EUR 500,000.
3.2.6. Is liable to the Client for damage caused by the fault of the Forwarder to the extent and according to the same rules that apply to the actual carrier.
3.3. Customer’s obligations and rights
3.3.1. Provide accurate and complete information about the cargo and its transportation conditions.
3.3.2. Ensure proper preparation, packaging and securing of cargo, unless otherwise agreed in writing.
3.3.3. Pay for services provided on time.
3.3.4. To compensate the Forwarder for additional costs not attributable to it, incurred in the execution of the Order.
3.3.5. Provide special instructions for dangerous, perishable or special cargo.
3.3.6. Be responsible for the accuracy of the submitted documents and data.
3.3.7. In case of failure to deliver the cargo or failure to use the vehicle, a fine of EUR 150 shall be paid for each day of delay, unless the delay was due to
force majeure.
3.3.8. If a claim is filed, the customer has no right to withhold payments.
IV. RESPONSIBILITY
4.1. The Parties are liable in accordance with these Terms and Conditions, the Agreement and the legal acts of the Republic of Lithuania.
4.2. If the damage was caused by the actions of the actual carrier, the Forwarder’s liability is limited in the same way as the carrier’s liability.
4.3. Only direct losses are subject to compensation, unless otherwise provided.
4.4. The CMR Convention applies to road transport.
4.5. Upon termination of the Agreement, financial obligations shall remain in force until full payment.
V. SETTLEMENT PROCEDURE
5.1. The price of the Services and payment terms are specified in the Order.
5.2. Payments are made by bank transfer.
5.3. Payment is considered completed when the funds are credited to the Forwarder’s account.
5.4. Late payment shall be subject to a late payment interest of 0.02% per day.
5.5. A material breach of payment gives the Forwarder the right to suspend the provision of services.
VI. FINAL PROVISIONS
6.1. Disputes shall be resolved through negotiations, and in the event of failure to reach an agreement, in a competent court in accordance with the procedure established by the legal acts of the Republic of Lithuania.
6.2. The law of the Republic of Lithuania applies.
6.3. The Parties undertake to keep confidential information.
6.4. The confidentiality obligation shall remain in effect even after the termination of the Agreement.
6.5. Personal data is processed on the basis of legitimate interest for the purposes of performing the Agreement.
6.6. The Customer confirms that he and his cargo do not violate international sanctions and legal acts.