1. General provisions
1.1. These consignment delivery rules (hereinafter referred to as the Rules) establish the procedure of services by UAB NĖGĖ, requirements for consignment preparation and service orders, responsibility of UAB NĖGĖ for loss, shortages, damage of consignment or delays of delivery.
1.2. Service Customers must familiarize themselves with these Rules and follow them in the preparation of consignments and in ordering our services. Service Customers must also ensure that orders are placed by their employees, clients or other authorized persons who are familiar with, and comply with these rules.
1.3. The Rules complement and elaborate the terms specified in the contract between UAB NĖGĖ and the service Customer. In case of contradictions between these Rules and the contract signed with the Customer (service user), the priority is given to the terms laid down in the contract.
2. Definitions used in the Rules
NĖGĖ means UAB NĖGĖ, its employees, partners, affiliates, and representative offices.
Package means one unit (envelope, box, roll, tray, etc.) of properly packaged and labelled items/goods.
Consignment means a package or several packages sent by one Consignor to one Consignee described in a single consignment document.
Customer means a legal entity, including its employees, placing order to NĖGĖ under the contract or without the contract.
Consignor means a natural or legal person transferring the consignment properly prepared for transportation, to the Consignee indicated by the Consignor or the Customer.
Consignee means a legal or natural person who is specified on the package and in the consignment transfer document as the person accepting the consignment at the point of destination. If the Customer does not specify the Consignee, the consignment can be handed over to a person found at the address indicated by the Consignor, but only with the consent of NĖGĖ.
Carrier’s note means any bill of lading, manifest, cover letter, delivery sheet or other document issued by NĖGĖ used for identification of the consignment and having a unique tracking number (bar code).
Business day means any calendar day of the year, specified by the state as an official working day, from 8.00 to 17.00.
Prohibited items include precious metals, precious stones, weapons, drugs and substances or products which, due to their chemical or physical properties, may pose a risk to human health, life, property or the environment and included in the list of hazardous substances of the Committee of Experts of the United Nations.
Courier means the employee of NĖGĖ who performs the order directly.
3. NĖGĖ‘s services
NĖGĖ delivery services are provided on the website www.nege.lt
4. Service fees and rates
The valid NĖGĖ price list is available on the website www.nege.lt
5. Restrictions of services for consignment dimensions and weight
5.1. The maximum package length is 175 cm, width 100 cm, height 150 cm, weight 31.5 kg.
5.2. Maximum package dimensions of profiles, tubes, reels, rods, are: length 300 cm, width 50 cm, height 50 cm, weight 60 kg
5.3. Packages with parameters exceeding those indicated in paragraphs 5.1 and 5.2 are oversized and can be delivered under a separate agreement, arranged at the time of booking.
6. Placement of order
6.1. Orders may be placed:
•by tel.: 8 700 55101
•by e-mail: firstname.lastname@example.org
6.2. The Customer must inform NĖGĖ order operator if the order confirmation is not received by e-mail within one hour. Otherwise, the order is regarded as not confirmed unless agreed otherwise.
6.3. Orders for consignment delivery are accepted only if the entity paying for a service delivery is a legal person.
6.4. Orders for delivery of consignments from Customers having no contracts with NĖGĖ are accepted only from Consignors paying for consignment delivery in cash during the acceptance of consignment for delivery.
6.5. The following details must be specified in the order: payer, Consignor, consignment pick-up address, contact person, telephone number, consignment weight, number of packages, Consignee, consignment delivery address, contact person, telephone number and dimensions for non-standard consignments. If necessary, additional delivery terms are agreed upon ordering.
6.6. The consignment must be fully and properly prepared (for loading) before the arrival of the courier.
6.7. Improperly placed orders are not carried out.
7. Packing and marking of the package
7.1. The Consignor must pack consignments in a container or package ensuring maximum protection of items/supplies in it against damage during loading, sorting, transport and storage as well as ensuring the safety of items inside the package (i.e. contents of the package cannot be accessible without damaging the package) and avoiding hazards to humans, the environment, transport vehicles, and other parcels. The Consignor or the Customer is liable to NĖGĖ and other persons for failure to comply with this obligation and for the resulting losses.
7.2. All packages must have the following particulars on the upper part: the Consignor’s name and address, Consignee’s name, full delivery address (street, house number, city), indicating the block, floor, the office, where it helps to find a Consignee easier; it is recommended to indicate a contact person and a telephone of the Consignee. It must also include the number of packages sent (1/4; 2/4; …; 4/4). If no contact person of the Consignee is indicated, the consignment is handed over to any person found at the Consignee’s address.
7.3. Consignor’s notes on the packaging must be written in the letters at least 4 mm high. Texts by hand must be written in capital letters.
8. Transfer of the Consignor’s parcel to courier
8.1. The Consignor handles over the consignment to courier upon the latter’s arrival. The consignment must contain the details of the Consignor and the Consignee according to the Rules.
8.2. The Courier takes the consignment for transportation and issues a carrier’s note, one copy of which remains with the Consignor. The consignment is deemed to be accepted for transportation when the courier takes it and signs the carrier’s note of the consignment.
8.3. The courier has the right to reject the consignment if it is not packaged, poorly packaged, not labelled or improperly labelled, as well as the consignments containing prohibited items.
8.4. The courier is entitled not to wait until the consignment is ready for transfer.
8.5. The courier loads consignments free of charge to the vehicle if their total weight does not exceed 31.5 kg.
8.6. If the parcel weight exceeds 31.5 kg or handling operations require additional machinery, the Customer is responsible for loading the parcel of the vehicle by the Consignee and unloading by the Consignor. Loading operations may take a maximum of 30 minutes. The Customer is charged for every additional 30 minutes according to the NĖGĖ rates.
9. Routing and delivery
9.1. NĖGĖ reserves, and the Customer acknowledges the right of NĖGĖ to direct the consignment along any route (including the use of services of other carriers), which it considers to be appropriate and in order to facilitate the delivery.
9.2. consignments are delivered are the address specified by the Sender. consignments are not delivered to mail boxes.
9.3. When the Customer and the Consignor are different persons, the Consignor must specify the Consignee and his details as indicated in the order by the Customer. In case of failure to fulfil this obligation NĖGĖ is not responsible for the resulting improper delivery of the consignment,.
9.4. The Customer or the Consignor have no right to change the Consignee, or his address, if the service is ordered or the consignment is already submitted for delivery. If the service has not started, the Customer must place a new order.
10. Delivery of consignments to the Consignee
10.1. Upon delivering the cargo to the destination, NĖGĖ must pass it to the Consignee indicated in the carrier’s note or other transport document or, in special cases – a person found at the address indicated by the Consignor.
10.2. The Customer is aware that NĖGĖ has no obligation to check the identity of the Consignee (the person representing him) and the fact whether he actually has the right to accept the item’s, if there are no circumstances causing doubt about the identity of the Consignee (the person representing it) or the said right.
10.3. The Customer undertakes to ensure that the Consignee will accept the consignment within the time limit allowing to avoid undue delay of the vehicles and be responsible for the improper fulfilment of this obligation.
10.4. The Customer undertakes to ensure that during the transfer of consignments to the Consignee, the person receiving the consignment legibly indicates his position title, name, delivery date, time and signature (the relationship with the Consignee) in the carrier’s note of the consignment.
10.5. The consignment is deemed to be delivered when the Consignee accepts it and signs in the carrier’s note of the consignment.
10.6. The Customer undertakes to ensure that the Consignee inspects the packages in the consignment during the acceptance, with the participation of the courier. Upon noticing any damage of the packaging, the person accepting the consignment must properly notify this in the carrier’s note of the consignment and issue the statement of the damage of consignment, specifying the damage (shortcomings) in detail. NĖGĖ shall accept no claims on the damage of consignment or part thereof if this was not mentioned in the carrier’s note of the consignment upon acceptance.
10.7. If the Consignee refuses to accept the consignment or the Consignee is not found at the specified address, the courier must indicate the reason for non-delivery in the carrier’s note of the consignment, the date and time of arrival, and return the consignment to the nearest NĖGĖ terminal. NĖGĖ must inform the Consignor or the Customer about this fact. The Customer or its authorized person must pick up the consignment within 3 (three) business days from the moment of notification. The consignment is stored in the terminal for those 3 business days free of charge, and the costs of subsequent storage of consignment and other related costs, if any, are borne by Consignor or Customer.
11. Items not accepted for delivery
11.1. Prohibited items mean items, substances or products which, due to their chemical or physical properties, may pose a risk to human health, the environment or property and which are included in the list of hazardous substances of the Expert Committee of the United Nations; it also includes any items, goods, materials whose carriage is prohibited under the law of the Republic of Lithuania, such as:
11.1.1. Weapons and parts thereof, ammunition, explosives and explosive substances.
11.1.2. Narcotic and psychotropic substances and their precursors, and drugs with similar properties.
11.1.3. Live animals and plants.
11.1.4. Perishable food and non-food products.
11.1.5. Cash, securities, precious metals and precious stones, antiques.
11.1.6. Toxic or corrosive solutions.
11.1.7. Alcohol and tobacco products.
11.1.8. Printed, audio, visual or electronic form stored material prohibited by the Law.
11.1.9. Human remains or body parts.
11.1.10. Items the transportation of which requires specific temperature, air humidity or other conditions.
11.1.11. Items which export or import requires special permits or exceptional conditions.
11.1.12. Items which are because of their properties can damage other parcels or be hazardous to human health, life and the environment.
11.2. NĖGĖ assumes no liability for accepting by mistake the consignments containing the items listed in this section.
11.3. When ordering the transportation of prohibited, delivering or otherwise making arrangements for their transfer from transportation, the Customer assumes full responsibility for all consequences and undertakes to compensate NĖGĖ for direct and indirect losses suffered because of this reason.
11.4. If it is found that the consignment contains prohibited items, the consignment is either returned to the Consignor (or the Customer), or not returned. In this case the Customer, the Consignor or the Consignee are not entitled to any compensation. The Customer or the Consignor must pay for transport in the same manner as if the consignment had been delivered, and in addition to pay a fine which is equal to the transportation fee.
12. Consignment inspection
12.1. When accepting the consignment NĖGĖ does not check its contents but has the right to do so and (or) to require to make comments in the carrier’s note or other transport document about the cargo labelling and numbering, external condition of the consignment and other significant data. If the Sender does not agree with NĖGĖ’s remarks and refuses to sign them, NĖGĖ has the right to refuse to accept the consignment.
12.2. The Customer (including the Consignor) agrees that NĖGĖ or the competent authorities have the right to open and inspect any consignment at any time.
12.2. After transferring the consignment for delivery, NĖGĖ normally does not check and has no obligation to check the contents of the consignment, but has the right to do so, if it considers that the consignment may contain prohibited items, different items/goods (or missing items) not specified for delivery, etc.
13. Delivery time and compensation
13.1. NĖGĖ cannot guarantee the exact arrival for loading and the consignment delivery time.
13.2. Valid consignment delivery time is given on www.nege.lt.
13.3. The transportation time is extended by the circumstances indicated in paragraph 14.3.
13.4. If NĖGĖ delays the delivery in Lithuania for more than one (1) business day, the Customer shall be reimbursed 50% of the fee paid (payable) for transportation service.
13.5. Under no circumstances NĖGĖ shall be responsible for delay in collecting the consignment or delay in delivery to the Consignee if the consignment is delivered on weekends, holidays and nonworking days.
14. CASES IN WHICH NO RESPONSIBILITY IS ASSUMED AND IS NOT APPLICABLE
14.1. NĖGĖ shall in no case be liable for consequential damages, including the loss of income or profit, non-pecuniary damage, reputation deterioration.
14.2. NĖGĖ shall in no cases be responsible for the loss, damage or delay in delivery of the consignment or part thereof due to the circumstances referred to in paragraph 14.3, and related consequential damages. The Customer must consider the risk of such events, and the loss.
14.3. NĖGĖ is not responsible, and shall not pay any compensation or other amounts in case of damage, loss, or if a consignment of part thereof is lost or damaged, delivered late, delivered at a wrong address or not delivered because of the circumstances beyond the control of NĖGĖ, such as:
14.3.1. Legitimate or illegitimate acts or omissions of state institutions or bodies, resulting in traffic jams, queues and other obstacles for parcel transportation and for delivery of other services.
14.3.2. Boycotts, strikes, lock-outs, slow work as a form of strike, capture of industrial or administrative buildings, and suspension of work in the company of a person requesting the relief from the discharge of obligations.
14.3.3. Natural disasters: violent storms, snowstorms, cyclones, abundant snow, earthquakes, sea or river floods, lightning, etc.;
14.3.4. Explosions, fires, destruction of machinery, industrial buildings, and any (or all) internal communications;
14.3.5. War (announced or not announced), civil war, rebellion and revolution, piracy, sabotage;
14.3.6. Other force majeure circumstances.
14.3.7. Nature of consignment, characteristic shortcomings or defects.
14.3.8. Procedures of customs and other public institutions.
14.3.9. Customer’s orders or instructions, failure to comply with obligations in part or in full and other actions (omissions).
14.3.10. Actions (omissions) of the Consignor or the Consignee.
14.3.11. Violation of any terms, conditions, provisions and requirements referred to in these Rules, specified in the carrier’s note or other transport document, including incorrect information about the consignment, transportation, improper or insufficient packing, protection, labelling or addresses, and other issues.
14.3.12. Actions (omissions) of persons not related with NĖGĖ.
14.3.13. Other circumstances specified in the legislation of the Republic of Lithuania and international treaties.
14.4. NĖGĖ is not liable in the following cases:
14.4.1. Loss of goods packaged by the Consignor, or damage to the packaging, if the packaging is not damaged and remains integral during the delivery.
14.4.2. Erased magnetic tapes, data recorded in computer disks or floppy disks or other storage media.
14.4.3. Damage to fluorescent lamps, neon lights, neon signs, X-ray tubes or other perishable, breakable or fragile items during transportation or loading.
14.4.4. When the consignment contains money or other items not acceptable for transportation.
14.4.5. When NĖGĖ is unable to get the delivery confirmation.
14.5. In all cases, NĖGĖ recommends the Customer, the Consignor to arrange the insurance of consignments in insurance companies from a variety of potential risks.
15. Procedure for submission and settlement of claims.
15.1. The Customer (user) is aware and agrees that a prerequisite for NĖGĖ’S responsibility to arise is a statement of a written claim (complaint). The Customer is entitled to submit a written claim (complaint) by e-mail, fax (by subsequently submitting original documents) by a registered mail or upon arrival to the office of NĖGĖ.
15.2. The Customer (user) is also aware and gives its consent that if it immediately or over time specified in legislation governing the corresponding transportation, did not submit written claim (complaint), he loses the right to compensation of losses.
15.3. Requirements of form and content, evidence necessary for submission and analysis by merits of a written claim (complaint):
15.3.1. The claim (complaint) must be motivated and justified. It must contain the substance matter of the claim (complaint), full names or company names of the Customer, Consignor, Consignee, addresses, place of consignment collection and delivery, consignment contents and the number of the carrier’s note. The text or the corporate form must contain the details of a credit institution of the person submitting the claim (complaint). The claim (complaint) must be signed by the person responsible, and submitted in the original form. If the contract was concluded, the contract number and date must be indicated. The claim (complaint) may only be submitted by the Customer (user) or their authorized person (by enclosing the documents confirming the right of representation);
15.3.2. A certified copy of NĖGĖ carrier’s note or other transport document with the signature of courier collecting the consignment, and which were consignment is carried;
15.3.3. Copy of the VAT invoice, another document indicating the value of the lost or damaged item or product.
15.3.4. The delivery and acceptance certificate of the consignment when the consignment is damaged. The certificate must be signed by the representatives of NĖGĖ and the Consignee in duplicate and one original must be submitted with the claim;
15.3.5. If necessary, the report on losses of an independent assessment agency;
15.3.6. Motivated estimate of the amount of claim (complaint);
15.3.7. Confirmation that the consignment is not covered by insurance;
15.3.8. Photos and other evidence supporting the amount of potential losses.
15.4. All documents (data) listed in paragraph 15.3 must be submitted at NĖGĖ’s business address.
15.5. NĖGĖ undertakes to investigate the return claim (complaint) of the Customer regarding the loss, damage of consignment, etc, and provide a written response to the address specified by the applicant (including e-mail or fax) no later than in thirty (30) calendar days from the date of receipt the written claim (complaint).
15.6. Claims submitted after the expiry of 6 months from the date of dispatch of the consignment will not be investigated.
16. Damage compensation procedure
16.1. Upon receipt of the claim (complaint) submitted according to the procedure described in paragraph 15, NĖGĖ shall compensate for damage:
16.1.1. for consignments sent in the Republic of Lithuania – within thirty (30) calendar days after the date of submission of a written claim (complaint);
16.1.2. for international consignments – within 90 (ninety) calendar days after the date of submission of a written claim (complaint);
16.2. Direct losses, including loss of income or profit, and non-pecuniary damage, including deterioration of reputation, shall not be compensated.
16.3. NĖGĖ shall transfer the compensation of damage to the account in the credit institution indicated in the written claim (complaint) submitted according to the procedure.
17. Validity of the Rules
If any provision in these Rules is contrary to any applicable international agreements, laws, government rulings or decrees of the Republic of Lithuania, orders, resolutions or ordinances of the Government, orders of ministries or other applicable regulatory requirements – such provision remains in force as part of the agreement between NĖGĖ and the Customer to the extent it is consistent with such legislation. Any invalid provision shall not affect the validity of other parts of the Rules.