General Terms and Conditions

The present terms apply to the awarding of transportation services by Planetworks UAB, hereinafter referred to as Planetworks, insofar as mandatory national or international provisions (such as e.g. CMR Convention, ADR Convention and the Civil Code of the Republic of Lithuania) do not preclude them.

These General Terms and Conditions shall apply exclusively. Any deviating or supplementary conditions of the Carrier are not binding for Planetworks, even if Planetworks does not contradict them. Planetworks shall be entitled to amend or supplement these General Terms and Conditions at any time. The current version of the General Terms and Conditions can be accessed on the Internet under the domain www.planetworks.tech/terms-conditions.

1. Subject of the contract

Subject of the contract is (a) the orderly and contractually agreed transportation of goods by the Carrier by making use of appropriate means of transport and suitable personnel, as well as (b) other ancillary services commissioned in individual cases (e.g. exchange of loading auxiliaries).

2. Rights and obligations of the Carrier

‍2.1 The Carrier maintains an independent business with own means of transportation (e.g. HGV’s, trucks) and ensures autonomously and without limitation compliance with all of the following: (a) the required legal, regulatory or statutory requirements necessary for carrying out his business and the provision of services (for example, business registrations, current permit for road haulage) or (b) the otherwise agreed preconditions in this contract (e.g. the demands placed on the staff, means of transport, security standards, insurance).  

The Carrier provides the appropriate information upon request by Planetworks and submits the requested proof of evidence.

2.2  The Carrier shall provide one or more suitable means of transport that are sufficient to carry the respective goods tendered by him and shall keep these in a perfect, clean and safe condition. The means deployed for transport including trailers and superstructures must also be odourless, clean, closed, dry, technically flawless. The transport of people and live animals is prohibited.

2.3 The Carrier shall ensure that the means used for transportation is equipped with appropriate load securing elements (e.g. locking rods, intermediary walls fasteners, straps, chains, nets and non-slip mats) on board. The driver must check the goods when taking them over for their external integrity, as well as perform appropriate cargo security checks. The Carrier is responsible during the entire transport for continuously checking and/or for follow-up control checks that the cargo is properly stowed. Also, in case partial unloading takes place more than once, a corresponding security check of the load and/or follow-up adjustment is to be ensured right up to the last unloading point.

2.4 As a basic principle, transhipments and additional loadings are not allowed with fully chartered loading units.

2.5 If it is not possible for the Carrier to perform his duties according to the previous provisions, he shall inform Planetworks promptly. Planetworks is then entitled to dispose of the contracted carriage of goods otherwise, whereby the Carrier shall bear any additional costs incurred.

2.6 Unless otherwise agreed in writing, the replacement of loading auxiliaries shall be deemed to be agreed. For the purposes of exchanging loading auxiliaries, the Carrier shall receive an additional charge, which is already taken into account in the respectively applicable compensation rate.

The loading order shall be deemed as completed only with the return of packaging in terms of the number of units acquired. That means, the agreed cargo fee is only due when loading aid replacement has been undertaken or made in accordance with the following provisions.

Even if no loading aid exchange has been agreed in the loading order, nevertheless all loading aid movements, both upon collection and delivery, must be documented using signed documents.

2.7 The Carrier is obliged to observe all relevant legal requirements – in particular all requirements concerning antitrust and competition law, as well as corruption, bribery and other criminal acts.

2.8 The Carrier is allowed only after written approval by Planetworks to advertise in promotional materials of any kind and in particular on its homepage using Planetworks as a reference.

2.9 The Carrier assures that it will maintain at least the customary requirements for the safety of the transport chain.

2.10 If hazardous goods are to be transported according to the ADR, the following requirements are to be satisfied in addition: as a matter of principle, the observance of all applicable ADR regulations is to be complied with by all vehicle holders, carriers, and drivers.

The crew of the vehicle must possess a valid driver's licence, a valid ADR certificate and a photo ID.

In the case of hazardous goods transport above the exemption limits according to section 1.1.3.6.3 ADR, the transport unit is to be marked with warning signs.

The no-smoking regulations should be strictly observed for loading and unloading stations. The regulations for loading and unloading, transporting, and monitoring during parking and stopping must be observed.

2.11 The Carrier has to inform Planetworks immediately about any incidents or accidents in connection with the shipment.

3. Use of subcontractors

‍The Carrier agrees to perform the contract by principle with its own employees.

Passing on the contract to a third party and/or the use of subcontractors and/or temporary firms is only permitted with prior submission of the names and address and written approval by Planetworks.

The Carrier is officially prohibited from subcontracting orders without prior approval by Planetworks. In the case of non-compliance with this prohibition the Carrier will bear all consequential damage of any kind, including any fines or pecuniary penalties following non-compliance.

If the Carrier does not comply with the obligations in this clause, this will constitute an irreparable breach of the agreement and Planetworks has the right to issue a contractual penalty of five hundred (500) euro per load. Planetworks will suspend any payment to the Carrier until it has received proof of payment of the Carrier towards the subcontracted carrier. The foregoing is notwithstanding Planetworks right to claim additional damages.

4. Adherence to statutory regulations

4.1 The Carrier agrees expressly to select reliable personnel exclusively and to check if its employed drivers are listed in the pertinent sanction lists pursuant to the EC regulations Regulation (EU) No. 753/2011, Regulation (EC) No. 2580/2001  and Regulation (EC) No. 881/2002 and if that is the case, not to use them for the transports of this agreement.

Planetworks shall be fully indemnified by the Carrier upon first demand against any damages arising from the Carrier’s failure to comply with respective applicable regulations.

If the Carrier or its staff gain access to areas containing the confidential matters and knowledge of the company (e.g. business documents), they must strictly maintain secrecy.

4.2  This applies in particular for Germany, also in view of Sections 7 b et seq. of the Law on road haulage of goods (GüKG). According to that law the Carrier is obligated to employ only those non-EU nationals who have a valid work permit. The Carrier is obligated upon demand to provide Planetworks with all information and documentation required pursuant to the Road Haulage Act, cf. Sections 7 c, 7 d GüKG.

4.3 While performing the transport contract, the Carrier is obliged to comply with the pertinent national regulations in connection with the minimum wage, the fight against illegal employment and social security law and to fulfil the requirements set forth therein. He shall ensure that subcontractors and all other subordinate carriers comply with these provisions.

4.4 The Carrier shall indemnify and hold harmless Planetworks, at first demand, from and against all and any claims which the employees of the Carrier, the employees of the Carrier’s sub-contractors and the employees of all further subordinate sub-contractors and hire companies may assert against Planetworks in this connection.

4.5 Upon request, the Carrier shall submit appropriate evidence that all employees working for him and his subcontractors were paid the minimum wage in accordance with the pertinent national minimum wage law. The Carrier shall ensure that these obligations are fulfilled by concluding pertinent contracts with his sub-contractors.

5. Remuneration

The Carrier receives the fees agreed for his services according to the respective individual orders.

Any remuneration claims held by the Carrier shall only be settled upon receipt of an invoice that meets the legal requirements.

Planetworks will not be charged and will not change the agreed wage for any additional costs if loading/unloading time is equal or shorter than 24 hours. Weekends and bank holidays are not applicable for any charge for waiting, parking or additional fees.

Remuneration for demurrage can only be asserted by the Carrier insofar as this has been expressly agreed with Planetworks before commissioning with regard to waiting times and extent.

Payment terms for service done by the Carrier is 60 days and starts from day of delivery to Planetworks of complete freight documents including: VAT invoice, original CMR, signed delivery and palett notes and any other documents mentioned in the order. In case the invoice is delivered without required documents, the payment terms will be counted starting from the day the last required document is delivered.

Digital delivery documents have to be sent in advance, no later than 24 hours after delivery by email: pod@planetworks.tech.

Invoice together with all required documents proving the service was done and completed should be delivered without any unnecessary delay, but not later than 30 days from the day when service was completed. For delivery of invoice together with complete documents after the above mentioned deadline the penalty fee will be charged of 10 EUR for each day of delay.

Planetworks hereby confirms to be VAT payer and authorizes the Carrier to issue VAT invoice without the signature of Planetworks. Invoice must be issued for:

Planetworks, UAB
Liepu g. 83
92195 Klaipeda
Lithuania

VAT-ID: LT100016038210
Company Nr: 306219616

Planetworks does not agree for the assignment of debt.

6. Liability / Insurance

6.1 The Carrier shall be liable for all transport services according to the applicable national statutory provisions.

The Carrier is in principle obliged to ensure that his liability is covered by adequate insurance. This also has to include the carriers appointed by him, so-called subsidiary liability. The Carrier shall maintain in this context all obligations imposed upon him by his insurer (e.g. guarded parking lot, anti-theft devices, etc.).

6.2 Applicable to Germany: The Carrier shall be liable for all transport services according to the provisions of the commercial code (HGB) regarding the freight business, with the proviso that the liability for damage to goods in accordance with Article 449 para. 2 No. 1 HGB shall amount to 40 units of account per kilogram of the gross weight of the lost or damaged goods. Insofar as a lower liability should be used in the relationship of Planetworks to its customers, the liability of the Carrier is reduced to the same extent. In the event that the customer is covered by a transport or cargo insurance from Planetworks, the Carrier is liable for damaged goods with 40 units of account per kilogram of the gross weight of the lost or damaged goods.

The Carrier is obliged to take out an insurance policy cover and to carry a respective insurance certificate during transport and in the vehicle in accordance with Article 7 a Law on road haulage of goods (GüKG). Insofar as the Carrier carries out crossborder transports for Planetworks, he shall be liable according to CMR and must prove to Planetworks that he has taken out insurance which covers full liability under CMR (including Article 29 CMR) and at least an insured sum of EUR 600,000.00 per claim (also for damages pursuant to Article 29 CMR). The Carrier shall certify the necessary insurance cover to Planetworks by presenting the policy and receipt of premium payment and thus relieves his insurer from maintaining confidentiality in this respect.

The Carrier bears the responsibility for the proper loading and unloading of his vehicle and loads the goods independently, ensuring the safety of the goods during operation and transport.

7. Confidentiality / Consumer protection

7.1 The Carrier undertakes to maintain strict confidentiality about any information which becomes known to him (e.g. information about Planetworks or its customers).

7.2 The Carrier is obliged to undertake customer protection towards Planetworks. He may not take on transport orders from Planetworks customers who - either directly or indirectly via third parties - have become known him in the course of his activities, which correspond in their nature to the services in this agreement, nor may he pass these customers on to third parties. Customer protection refers to in geographical terms the area which corresponds to the commissioning of a subcontractor by Planetworks on the basis of this agreement. For each case of infringement, the carrier shall pay the forwarding agent a contractual penalty amounting to EUR 10000. Damages exceeding this amount can be claimed by Planetworks.
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7.3 If and to the extent that the Carrier collects, saves, processes, uses or transmits personal or other data – either from Planetworks or from its customers – during the performance and/or in the context of receiving the assignment and fulfilling the contract, the Carrier agrees to limit this to the extent absolutely necessary in order to fulfill the contractual duties.

In particular, the Carrier agrees to fully comply with the current version of the applicable statutory data protection provisions in each case – e.g. the Principal’s national rights and the applicable version of the General Data Protection Regulation (EU) 2016/679 (GDPR) – and accepts sole responsibility for applying these.

The Carrier shall implement technical and organizational measures for all information and data according to the statutory and contractual requirements regarding the confidentiality, security and protection of data, particularly in protecting it against any form of third-party access.

The Carrier shall inform and obligate all of its contractors, employees and other agents in accordance with this clause.

The Carrier’s data that is needed in order to execute the contract shall be saved. The period of time for which data is saved shall be based on the statutory retention periods. All data, particularly personal data, shall of course be treated as confidential. The provisions of national data protection law and the applicable version of the General Data Protection Regulation (EU) 2016/679 (GDPR) shall be observed.

The Carrier shall independently ensure that Planetworks and its customers are permitted to share personal data regarding the Carrier and/or its hired drivers within the context of the intended purpose of the contract. Where necessary, this also includes obtaining consent from the drivers.

Planetworks hereby notes that it will share personal data with public agencies where legally obligated to do so (e.g. for controls, searches, investigation proceedings, etc.). Such sharing shall be subject to national data protection law and the applicable version of the General Data Protection Regulation (EU) 2016/679 (GDPR).

The Carrier hereby releases Planetworks from any third party claims in conjunction with the use of the data in the scope described above – particularly any claims based on Lithuanian or international data protection laws or the GDPR, as well as any other requirements by supervisory authorities.

8. Miscellaneous

8.1 These terms and conditions shall apply to both parties in the version that is valid at the time the order is placed. By taking the order, the Carrier acknowledges the validity of these conditions.

8.2 Deviations, changes or supplements to the regulations listed in these terms and conditions require written confirmation on the part of Planetworks for them to be valid.

8.3 In the event of a legal dispute, the place of jurisdiction for both parties shall be Klaipeda, Lithuania.

General Terms and Conditions (07/2023)