GENERAL TERMS AND CONDITIONS OF SERVICES

1. SUBJECT OF THE AGREEMENT
1.1. Customer – Litlumber, UAB, legal entity code: 305084628, registered office address: Nemencines pl. 4C-101, LT-10109 Vilnius.
1.2. Forwarder – the person who executes the Customer’s order and provides cargo forwarding and other services specified in the order.
1.3. These general terms and conditions of services (hereinafter – the General Terms and Conditions) determines and regulates the relationship between the Forwarder and the Customer and the procedure for providing forwarding services.
1.4. The General Terms and Conditions are an integral part of the order placed by the Customer and are applicable to all contracts concluded between the Forwarder and the Customer, one-time orders, agreements concluded by e-mail or other means of communication (hereinafter any agreement of any form on forwarding services is referred to as the Order).
1.5. The organization of the cargo transportation shall include, but is not limited to, choosing the optimal route, searching for carriers, coordinating and concluding contracts on behalf of the Customer, completing documents, tracking the cargo in real time and providing information about the cargo transportation to the Customer. The scope of services shall include customs procedures as well.
1.6. The Customer may unilaterally change these General Terms and Conditions without informing the Forwarder in advance. In any case, the version of the General Terms and Conditions that was in effect on the day the Order was submitted shall apply to the relationship between the Parties.

2. ACCEPTANCE AND EXECUTION OF THE ORDER
2.1. Services shall be provided by the Forwarder in accordance with the Customer’s written Order, which can be submitted via electronic means of communication (e-mail, messaging apps, etc.).
2.2. The Order is considered accepted when the Forwarder confirms the Order in any form, including, but not limited to: by providing the Customer with an Order number, by providing the Customer with the details of the vehicle to be used for the Order, sending copies of the completed transport documents, commencing the execution of the Order, etc. Upon acceptance of the Order, these General Terms and Conditions shall come into force and shall also be applicable to the Order. The Order and the General Terms and Conditions do not need to be separately stamped and/or signed by the Parties.
2.3. The Customer shall provide the Forwarder with all the documents and information necessary to fulfill the Forwarder’s obligations under this Contract. If the Forwarder does not warn the Customer about the missing information, it shall be considered that the information provided by the Customer is sufficient to fulfill the Forwarder’s duties and in the future the Forwarder shall not be able to make any claims due to the missing information and the resulting losses.
2.4. If the Customer does not provide special requirements for the vehicle and/or the method of transportation, instructions regarding the characteristics of the cargo, completing and processing of the necessary documents, the Forwarder must, at his own discretion, choose the best way to execute the Order (including the route), the vehicle, the container and obtain all necessary permits for the transportation of such cargo. The Forwarder shall be responsible for the selection of an unsuitable vehicle, container and/or transportation method and related damage to the Customer’s or other cargo.
2.5. The Customer shall have the right to change the destination, consignee and other details specified in the Order during the transportation of the cargo without additional payment at least 2 hours before the time of loading and/or at least 10 km before the place of loading.
2.6. The Forwarder shall provide the services under the best conditions for the Customer and must act in such a way that the Cargo is delivered to the destination in the most optimal and economical way, avoiding any possible cargo downtime, detention or delay situations.
2.7. In the event of unforeseen events (weather conditions, low/high water level, container overweight, technical failure, lack of transportation places, etc.), the Forwarder must immediately inform the Customer about this and, in consultation with the Customer, immediately take the next best solution for the proper execution of the Order (search for another vehicle, choose another route, mode of transportation, etc.).

3. LOADING OF THE CARGO
3.1. The Customer shall prepare the cargo for transportation and load it into the container and/or transportation vehicle ordered by the Forwarder. Both the container and the vehicle must be technically sound, clean, tight, and free of extraneous odors.
3.2. The Forwarder (third parties he uses) must check in each case whether the cargo is loaded in such a way that it is not damaged during transportation due to sudden braking, road irregularities, constant vibration, waves, precipitation. The Forwarder shall be responsible for loading the cargo in such a way that it does not violate road traffic requirements.
3.3. The vehicle must arrive at the loading place at the appointed time. A fine of EUR 50.00 per hour late shall apply.
3.4. Each loading must be subject to 3 free waiting hours. Each additional hour of late loading (beyond the 3 hours of free time) shall be charged at EUR 50.00 per container.
3.5. The Parties agree that in cases where loading of the cargo is not possible due to weather conditions or other unforeseen circumstances beyond the control of the Customer, the hours of late loading shall not be charged and the Customer shall not and cannot be responsible for the resulting losses of the Forwarder and/or additional costs of executing the Order.
3.6. The fine for non-delivery of a vehicle or delivery of an unsuitable vehicle shall be EUR […].

4. TERMS OF PAYMENT
4.1. The Forwarder sends the invoice to the Customer by e-mail to the addresses specified in the Order.
4.2. Invoices shall be paid within 35 days of cargo delivery unless other payment terms are provided in the Order.
4.3. Failure to pay the invoice on time shall not give the Forwarder the right not to issue to the Customer (or the recipient specified by him) any of the Customer’s cargo forwarded by the Forwarder and/or to retain the originals/copies of the cargo documents (Bill of Lading, CMR, certificate of fumigation, phytosanitary certificate, certificate of origin, custom’s documents, etc.) and/or not to start providing services and/or stop providing services. Any and all adverse consequences, costs, downtime, delays, claims of cargo owners and/or consignees arising from a breach of this insurance and related to non-provision or suspension of services shall be the responsibility of the Forwarder.
4.4. The Parties agree that in cases where, through no fault of the Customer, the cargo is not delivered to the consignee and the Order is not fully executed, the Customer shall not not be obligated to pay (and if the Order has already been paid for, the Forwarder must return the money paid), and the Forwarder shall be obligated to pay the fine provided for in clause 3.6 and compensate all other losses incurred by the Customer as a result.
4.5. The Parties agree that any additional costs related to the Order must be agreed in advance with the Customer. The Forwarder must warn the Customer in advance (even before the execution of the Order) about probable and possible additional costs, as well as inform the Customer about already occurring additional costs. If additional costs are not agreed with the Customer, the Forwarder shall lose the right to demand payment of such costs from the Customer.
4.6. The Parties agree that the Customer shall have the right to set off the amounts payable to the Forwarder under the Contract against the Forwarder’s claims against the Customer.

5. CUSTOMS PROCEDURES
5.1. In the event that the Customer authorizes the Forwarder to carry out customs procedures related to the execution of the Order, the Freight Forwarder must do so.
5.2. The Customer undertakes to compensate the Forwarder for all expenses incurred in the execution of such an order.
5.3. The Customer shall guarantee that all statements and information provided by him, as well as by the shipper and the consignee, related to the export and import of the Forwarder’s cargo are true and correct. The Customer shall assume all the risk of liability that may arise on the basis of incorrect data and undertakes to compensate the Forwarder for all losses incurred as a result.
5.4. Any fines, storage fees and other costs incurred by the Forwarder due to the fault of the Customer or the actions (inaction) of customs or other authorities must be covered by the Customer. The specified costs may also be claimed or recovered from the consignee before the cargo is delivered to him.

6. CONTRACTUAL LIABILITY OF THE PARTIES
6.1. Each of the Parties shall be responsible for non-fulfillment or improper fulfillment of obligations.
6.2. The Customer shall be obliged to pay all additional bills, fines, taxes and fees that third parties demand from the Forwarder and which are related to the services provided to the Customer, only if such costs arise from the Customer’s own improper performance of its obligations under this Contract and the Customer was properly informed in advance of possible fines, fees, taxes, etc. applied by third parties. In other cases, such an obligation does not arise for the Customer.
6.3. If, after the Order has been agreed between the Forwarder and the Customer, the entity that actually must transport the cargo changes the planned cargo transportation schedule or route, takes time during transportation, does not accept the cargo on a vehicle (ship, train, etc.) due to lack of space or other reasons, or delivers it by other than planned vehicle, the Forwarder shall be responsible for any additional costs and losses related to the above-mentioned circumstances (e.g. non-departure of the cargo before the deadline specified in the letter of credit, later arrival of the cargo, etc.).
6.4. The Parties are not responsible for each other’s losses or damage caused by circumstances that the Party could not control and reasonably foresee at the time of concluding the Contract and could not prevent these circumstances or their consequences from occurring (force majeure).
6.5. Force majeure circumstances are not considered to be weather conditions that rarely occur for a specific season or place, but are typical, increase/decrease in water level, strong wind, road repair works, accidents.

7. FINAL PROVISIONS
7.1. The parties undertake to maintain confidentiality in their mutual relations: not to disclose to third parties, in writing, orally or in any other way, any commercial, business, financial information that they have been introduced to during cooperation on the basis of this Contract.
7.2. In the event of a conflict, the provisions set forth in the Order shall take precedence over the provisions of these General Terms and Conditions.
7.3. These Terms and Conditions and the Order are drawn up and shall be interpreted in accordance with the laws of the Republic of Lithuania.
7.4. Any disputes, disagreements or claims arising from or related to the Contract must be resolved by agreement of the Parties within 10 (ten) days from the written address of one of the Parties to the other Party. If the Parties fail to reach an agreement, the dispute shall be resolved in the courts of the Republic of Lithuania according to the place of the Customer’s registered office.