Sample cargo delivery contract. Contract for the carriage of goods by road

Labor Relations 05.01.2021

Labor Relations

This section presents documents that may be necessary when transporting goods.

I. When transporting goods, the following may be issued:

and so on.

In the absence of an agreement on the organization of cargo transportation, cargo transportation is carried out on the basis of an order accepted by the carrier for execution.

II. In case of disputes

If disputes arise during the transportation of goods, the parties involved in the transportation may need the following documents:

Rules for the carriage of goods by car it is established that the act contains:

date and place of drawing up the act;

surnames, names, patronymics and positions of persons participating in the preparation of the act;

short description the circumstances that served as the basis for drawing up the act;

in case of loss or shortage of cargo, damage (damage) to cargo - their description and actual size;

signatures of the parties involved in drawing up the act.

Example of an act:(Act form in MS Word)

Claim

One of the ways to resolve a dispute that arose during the transportation of goods is to send a claim to the counterparty.
The need to file a claim may be established by law or contract.

Submitting a claim is required by law
Civil Code of the Russian Federation in Art. 797 establishes that before filing a claim against the carrier arising from the transportation of goods, it is mandatory to present a claim to him in the manner prescribed by the relevant transport charter or code.
According to Art. 39 of the UAT of the Russian Federation, before filing claims against carriers arising from contracts for the carriage of goods, against such persons in mandatory claims are made. The right to make claims against carriers and charterers in a pre-trial manner are persons who have entered into transportation contracts, charter agreements, consignees, as well as insurers who have paid insurance compensation in connection with the improper fulfillment by carriers and charterers of their obligations for the transportation of passengers and luggage, cargo, and the provision of transport means for transporting passengers, luggage and cargo. The procedure for filing claims is established by the rules for the transportation of passengers and the rules for the transportation of goods.
In accordance with the Rules for the carriage of goods by road, claims are made to carriers (freighters) at their location in writing within the limitation period.
The claim contains:
1. date and place of compilation;
2. full name (last name, first name and patronymic), address of location (place of residence) of the person filing the claim;
3. full name (last name, first name and patronymic), address of the location (place of residence) of the person against whom the claim is being made;
4. a brief description of the circumstances that served as the basis for filing the claim;
5. justification, calculation and amount of the claim for each claim;
6. a list of attached documents confirming the circumstances stated in the claim (act and delivery note, work order with notes, etc.);
7. last name, first name and patronymic, position of the person who signed the claim, his signature certified by the seal.
The claim is drawn up in two copies, one of which is sent to the carrier (freighter), and the other remains with the person who filed the claim
In accordance with Art. 12 of the Federal Law “On Transport Forwarding Activities”, before filing a claim with the freight forwarder arising from a transport expedition agreement, it is mandatory to file a claim with the freight forwarder, with the exception of filing a claim when providing forwarding services for personal, family, household and other needs not related to the client’s business activity. activities.
The client or a person authorized by him to file a claim and claim, the recipient of the cargo specified in the transport expedition agreement, as well as the insurer who has acquired the right of subrogation have the right to present a claim and claim to the forwarder.
The claim must be submitted in writing. A claim for loss, shortage or damage (spoilage) of cargo must be accompanied by documents confirming the right to file a claim, and documents confirming the quantity and value of the cargo sent, in the original or duly certified copies thereof.
Claims against the freight forwarder can be filed within six months from the date the right to file a claim arose. The specified period is calculated in relation to:
1. compensation for losses for loss, shortage or damage (spoilage) of cargo from the day following the day on which the cargo should be delivered;
2. compensation for losses caused to the client by violation of the deadline for fulfilling obligations under the transport expedition contract, from the day following the last day of validity of the contract, unless otherwise determined by the parties;
3. violation of other obligations arising from the transport expedition agreement, from the day when the persons specified in paragraph 2 of this article learned or should have learned about such violations.

The claim procedure is provided for in the contract
As a rule, such a procedure is prescribed in the section of the contract containing possible cases of disagreements and ways to resolve them. The parties to the contract determine independently how clearly and in detail the procedure for pre-trial dispute resolution should be prescribed.
The contract must establish a clear procedure for the actions that the counterparty must perform before going to court (time limits for filing and considering a claim, documents to be submitted with the claim, etc.). The requirements presented in the claim must be clearly formulated and justified.
The claim should indicate:
1. name of the person (legal entity/individual entrepreneur) to whom the claim is addressed;
2. the name of the person from whom the claim is being sent, indicating the exact postal address, means of communication (telephone, fax, etc.), and payment details;
3. claim number and date;
4. documents (with details) on which the relations of the parties are based: for example, a contract of carriage, an application, waybills, etc.;
5. clauses of the contract, the violation of which caused the filing of a claim
6. the requirements of the person submitting the claim (must be stated clearly). The claim should warn about subsequent recourse to court in case of failure to satisfy the claim or failure to consider it in the prescribed manner or on time;
7. legislation according to which the person making the claim substantiates his claims;
8. amount of claims with calculation;
9. a list of attached documents substantiating the claim (or a reference must be made that the addressee has all the documents for consideration of the claim, in which case the specified documents should be listed).
The claim is signed by the head of the organization making the claim (individual entrepreneur) or an authorized person. Often the claim is sent by fax/email. But it is advisable to submit a claim by registered mail or hand over against receipt. At the same time, even when sending a claim by registered mail, the risk remains that the counterparty will declare that the letter contained blank sheets. In this regard, when sending a claim, an inventory of the attachments should be made, and when delivering the claim against receipt, it is necessary for the counterparty to mark that he received the claim and its attachments in full.

When sending a claim by letter, you can send the counterparty by fax/e-mail a copy of the claim, postal receipt and list of attachments. The person who sent the claim must have a copy of the claim and documents confirming its sending: a receipt for sending the letter (with acknowledgment of receipt), postal notification, a note from the counterparty on receipt of the claim materials with the incoming number, date, seal (stamp), signature official on another copy of the claim. The above actions will avoid additional disputes regarding the fact and date of filing the claim. If the mandatory procedure for filing a claim is established by law or contract, the claim can be filed only after the plaintiff complies with the claim procedure for resolving the dispute. What happens if a claim is filed without

preliminary referral
claims? In this situation, the dispute is not considered by the arbitration court, and the statement of claim is left without consideration (clause 2, clause 1, article 148 of the Arbitration Procedure Code of the Russian Federation).

Procedure for filing claims
In accordance with Art. 41 of the UAT of the Russian Federation, when submitting claims in the manner established by Article 39 of the UAT of the Russian Federation, claims against carriers, charterers arising in connection with the transportation of passengers and luggage, cargo or the provision of vehicles for the transportation of passengers, luggage, cargo can be brought in cases complete or partial refusal of carriers, charterers to satisfy claims, or in cases of failure to receive responses to claims from carriers, charterers within thirty days from the date of receipt of the relevant claims.
compensation for damage caused by the loss of cargo from the date the cargo is recognized as lost;
delays in delivery of baggage and cargo from the day the baggage and cargo were issued.

In accordance with Art. 13 of the Federal Law “On transport and forwarding activities”, for claims arising from a transport expedition agreement, the statute of limitations is one year. The specified period is calculated from the date the right to file a claim arises.
According to Art. 125 Arbitration Procedure Code of the Russian Federation:

the statement of claim is submitted to the arbitration court in writing. The statement of claim is signed by the plaintiff or his representative. A statement of claim can also be submitted to the arbitration court by filling out a form posted on the official website of the arbitration court on the Internet.
The statement of claim must indicate:

name of the arbitration court to which the claim is filed;
name of the plaintiff, his location; if the plaintiff is a citizen, his place of residence, date and place of his birth, place of his work or date and place of his state registration as individual entrepreneur, telephone numbers, fax numbers, email addresses of the plaintiff;
name of the defendant, his location or place of residence;
the plaintiff’s claims against the defendant with reference to laws and other regulatory legal acts, and when a claim is brought against several defendants - claims against each of them;
the circumstances on which the claims are based and evidence confirming these circumstances;
the price of the claim, if the claim is subject to assessment;
calculation of recovered or disputed sum of money;
information about the plaintiff’s compliance with the claim or other pre-trial procedure if it is provided for by federal law or treaty (from June 1, 2016, Federal Law dated March 2, 2016 N 47-FZ amends paragraph 8 of part 2 of Article 125);
information about the measures taken by the arbitration court to ensure property interests before filing a claim;
list of attached documents.

the plaintiff is obliged to send to other persons participating in the case copies of the statement of claim and the documents attached to it, which they do not have, by registered mail with acknowledgment of delivery.

In accordance with Art. 126 Arbitration Procedure Code of the Russian Federation:

TO statement of claim attached:
1. notification of delivery or other documents confirming the sending to other persons participating in the case, copies of the statement of claim and documents attached to it, which other persons participating in the case do not have;
2. document confirming payment state duty V established order and in the amount or the right to receive a benefit in paying the state duty, or a petition for a deferment, installment plan, or a reduction in the amount of the state duty;
3. documents confirming the circumstances on which the plaintiff bases his claims;
4. copies of the certificate of state registration as a legal entity or individual entrepreneur;
5. power of attorney or other documents confirming authority to sign the statement of claim;
6. copies of the arbitration court ruling on securing property interests before filing a claim;
7. documents confirming the plaintiff’s compliance with the claim or other pre-trial procedure, if it is provided for by federal law or agreement (from June 1, 2016, Federal Law dated 02.03.2016 N 47-FZ amends paragraph 7 of part 1 of Article 126);
8. a draft agreement, if a demand is made to compel the conclusion of an agreement;
9. extract from the unified state register legal entities or the unified state register of individual entrepreneurs indicating information about the location or place of residence of the plaintiff and defendant and (or) the acquisition by an individual of the status of an individual entrepreneur or the termination by an individual of activities as an individual entrepreneur or another document confirming the specified information or the absence thereof. Such documents must be received no earlier than thirty days before the day the plaintiff applies to the arbitration court.

Documents attached to the statement of claim may be submitted to the arbitration court in electronic form.

Regulatory legal acts used in this section of the site:

"Convention on the Treaty of International road transport cargo (CMR)" (Concluded in Geneva on May 19, 1956) (Entered into force for the USSR on December 1, 1983);
Civil Code Russian Federation;
"Arbitration Procedural Code of the Russian Federation";
the federal law dated 08.11.2007 N 259-FZ “Charter of road transport and urban ground electric transport”;
Federal Law of June 30, 2003 N 87-FZ “On transport and forwarding activities”;
General rules transportation of goods by road (approved by the Ministry of Automobile Transport of the RSFSR on July 30, 1971);
Rules for the transportation of goods by road (approved by Decree of the Government of the Russian Federation of April 15, 2011 No. 272);
Decree of the Government of the Russian Federation No. 554 of September 8, 2006 “On approval of the Rules for transport and forwarding activities”;
Resolution of the State Statistics Committee of Russia No. 78 of November 28, 1997 “On approval of unified forms of primary accounting documentation for recording the work of construction machines and mechanisms, work in road transport”;
Resolution of the State Statistics Committee of the Russian Federation dated December 25, 1998 N 132 “On approval of unified forms of primary accounting documentation for recording trade operations”;
Order of the Ministry of Transport of the Russian Federation No. 23 dated February 11, 2008 “On approval of the procedure for registration and forms of forwarding documents”;
Order of the Ministry of Transport of the Russian Federation dated September 18, 2008 N 152 “On approval of mandatory details and the procedure for filling out waybills”;
Instruction of the Ministry of Finance of the USSR No. 156, State Bank of the USSR No. 30, CSB of the SSR No. 354/7, Ministry of Transport of the RSFSR No. 10/998 “On the procedure for payment for the transportation of goods by road”;
Letter of the Federal Tax Service dated August 21, 2009 No. ШС-22-3/660 “On the direction of systematized materials on documenting operations during the transportation of goods.”

Agreement on road transportation signed between the sender of the cargo and the person who has the right to provide such services on the basis of a license.

In the agreement, the third party is considered to be the recipient of the cargo, which is necessarily indicated in the agreement. Moreover, his signature is not required.

Peculiarities

In the process of signing the agreement, the size of the cargo and the type of transportation are taken into account.

Depending on the size of the cargo

In the process of signing the agreement, the size of the cargo must be taken into account, which can be:

overall;
or oversized.

Based on the information received about the size of the cargo, the following features will be taken into account:

delivery period;
type of road transport;
itinerary.

Moreover, depending on the size of the cargo, the cost of providing services for transporting cargo by road is also calculated.

Depending on the type of transportation

Having learned information about the size of the cargo, the contractor (carrier) offers to select the most suitable type of transport, namely:

passenger car;
onboard;
van;
truck and so on.

Based on the selected vehicle Not only the route is calculated, but also the delivery period. For example, if we are talking about transportation by passenger transport, the delivery period will be significantly shorter than when using a truck. In addition to the delivery period itself, the type of transport also affects the cost of providing services.

Sample

A contract for the carriage of goods implies a document that is the basis for cooperation between the shipper and the carrier.

It should display:

Subject of the agreement. The main service is considered to be the delivery of certain cargo to the address specified in the document. To make it more specific, it is mandatory to indicate information about the cargo (its name, volume, total weight, etc.) that the addressee receives.
The period during which the carrier undertakes to deliver the goods. A clear timeline is almost the key condition of the agreement. If desired, it is possible to indicate not only the period of receipt of the cargo, but also time stamps along the route (for example, in the capital the car should be at 10 a.m., by lunchtime in the region).
Cost of providing services. For providing transport services the carrier receives a financial reward, the amount of which is calculated strictly individually. It also indicates the method of transferring funds, as well as the time period.
Rights, obligations, and responsibilities of each party. This section is key, it must contain all the nuances to eliminate possible disputes in the future.
Other information that may be of significant importance. At the request of either party, they may stipulate additional conditions, requirements and so on.
Mandatory indication of the details of each party participating in the conclusion of the agreement, as well as the signatures of authorized representatives. Do not forget about affixing the seals of both companies (carrier and shipper).

In a situation where there is an urgent need to specify the agreement in the process of providing transport services, it is necessary to conclude an additional agreement in which all modifications are indicated.

Key terms

Most weighty conditions agreements for the provision of transport services are considered to be:

Maximum period of service provision. If for some reason the driver of the vehicle is unable to deliver the cargo within the agreed time frame, then penalties cannot be assessed only if the circumstances arose not through his fault. Such situations include bad weather conditions, military operations, possible terrorist attacks, and so on. The list must be fully disclosed by the contract.
Payment method and maximum period. This clause also includes the waiting period for cargo loading/unloading, for which payment will be charged additionally.
Vehicle route. If this point is ignored by the contract, then the driver is obliged to follow the shortest route.
Type of vehicle. The brand and model of transport that will deliver the goods is indicated. must be corrected and have a clean and well-groomed appearance. If this has not been observed, the customer has the right to demand a replacement vehicle.
Safety of transported cargo. In the agreement the best option will display all the nuances that are associated with loading, securing, and unloading cargo. It is imperative to indicate the initials of the person responsible and the punishment for identified errors in a particular case.

Rights and obligations of each party

The company that sends the cargo is obliged to:

within the stipulated period by agreement, provide the necessary cargo, which must be in a safe container, according to its dimensions;
provide the driver of the vehicle with all the necessary accompanying documents completed in accordance with current legislation Russian Federation (if necessary, it is necessary to pay for the downtime of the car, if this was not the fault of the driver or the contractor’s company);
ensure the fastest possible loading/unloading of cargo.

In turn, it is necessary to indicate the rights of the shipper, namely:

personally monitor the unloading/loading process, including cargo transportation, including performing other actions provided for by the signed agreement;
demand financial compensation if the damage was caused by the fault of the carrier.

The shipper is obliged to bear responsibility:

for possible delays in the loading/unloading process and customs clearance in the form of penalties;
for completing the required package of documents with errors or indicating the wrong name of the cargo (financial compensation for damage caused to the cargo is also included in this category).

The contractor (represented by the carrier itself or the company) must:

provide, within the agreed periods, the preferred means of transport for the carriage of goods in the appropriate form and in full working order;
deliver the cargo to the specified address and on time;
monitor the safety of entrusted cargo;
if there are any circumstances, immediately notify the customer about this (for example, the goods are delayed until the circumstances are clarified, or the machine is idle due to difficult climatic conditions).

The contractor (represented by the cargo carrier) has every right to:

fully control the process of loading/unloading cargo;
require the necessary mark in the accompanying documents regarding the execution of their part of the contract;
demand compensation for damages for vehicle downtime.

In turn, the responsibility of the performer is as follows:

Full responsibility for failure to meet the agreed delivery periods (except for the above circumstances). According to the legislation of the Russian Federation, liability consists of the imposition of penalties in the percentage determined by this agreement.
For the complete safety of the entrusted cargo along the entire route of the vehicle.

Conclusion process

An agreement on the provision of transport services for the delivery of cargo is drawn up in the following order:

The customer forms and submits an application for consideration to in writing, about the need to deliver cargo to a specific address, indicating the preferred route and maximum time period.
Based on the completed application, the contractor, represented by the carrier, calculates the cost of providing such a service and approves it with the customer.
Next, all additional nuances are discussed by the parties, and a preliminary agreement is signed.
At the last stage, the main cooperation agreement is signed.

Required list of documents

To sign an agreement on the carriage of goods by road, the contractor must prepare:

original and copy of the company;
original and copy of the license confirming the right to provide this type of service;
originals and copies of documents that can confirm ownership of the car (can be PTS, vehicle registration certificate, rental agreement, and so on);
originals of the driver's driver's license, confirming his qualifications in the form of driving experience, including the need to prepare a medical report.

The customer himself must prepare such main list of documentation, How:

originals and copies of all constituent documents;
any documents that can confirm ownership of the transported cargo, including documentation confirming its dimensions, safety, standards, and so on.

Based on the agreement signed between the customer and the contractor, the driver of the vehicle transporting the cargo will be provided with a consignment note, which will become the basis for legal transportation.

One part of the consignment note should contain basic information under the agreement, and the other part should contain information about the transported cargo.

When the agreement is considered to have entered into force

The moment when a signed agreement is considered to have entered into legal force is calculated according to the agreements reached between the parties.

These include:

the date the contract was signed;
time of unloading/loading of cargo, including provision of a consignment note to the driver.

If this nuance is not provided for in the agreement, then the date of its entry into legal force is considered to be the time of signing.

The agreement for the provision of transport services for the carriage of goods is considered a key document. For this reason, it must contain all the necessary information in full, in order to avoid further possible misunderstandings on each side.

Learn more about the transportation of goods by road in this video.

Agreement No.____

transportation of goods by road

LLC "Ivanov", represented by director I.I. Ivanov, acting on the basis of the Charter, hereinafter referred to as the “Carrier” on the one hand, and LLC "Petrov", represented by Director Petrov P.P., acting on the basis of the Charter, hereinafter referred to as the “Client”, on the other hand, each individually or collectively referred to respectively as the “Party” or “Parties”, have entered into this Agreement as follows:

1. The Subject of the Agreement

1.1. This Agreement governs the relationship between the Parties regarding the transportation of the Client’s goods by the Carrier’s road transport, including in the planning, provision and payment of transportation services, as well as in the distribution between the Parties of all costs and expenses associated with transportation.

1.2. Under this Agreement, the Client orders and pays, and the Carrier carries out the transportation of goods; that is, delivers the cargo entrusted to him by the shipper to the destination and issues it to the person authorized to receive the cargo (consignee) according to the nomenclature and assortment indicated in the consignment note (hereinafter referred to as the Waybill) and the Waybill (hereinafter referred to as the TN); and also provides other services related to transportation, on the terms, terms and prices determined by Applications for the provision of a vehicle for each transportation.

2. Procedure for processing documents for transportation

2.1. The Client sends to the Carrier a written application signed by the responsible person, in the form specified in Appendix No. 1 to this agreement. The application is an integral part of this agreement.

2.2. Upon receipt of the transportation request from the Client, the Carrier signs it and sends it to the Client. Sending to the Client a completed and signed application by the Carrier confirms the readiness to carry out the requested transportation in full.

2.3. The parties may, by mutual agreement, send and accept for execution copies of documents sent by fax or by email. The original documents are sent (transferred by courier) immediately following the sending of the copy. The date indicating the time of arrival and departure of the vehicle at the place of loading and (or) unloading is determined according to the marks in the technical specification and the waybill with the signature of the person responsible for loading and (or) unloading, the signature must be certified by a seal or stamp of the established form.

3. Rights and obligations of the Parties

3.1. The client is obliged:

3.1.1. Before the arrival of the Carrier's vehicle, ensure that the shipper or consignee (hereinafter in the text of the Agreement: at loading points - the shipper, at unloading points - the consignee) prepares the cargo for transportation (preparation for unloading) and passes the vehicle to the loading (unloading) place.

3.1.2. Ensure that cargo is presented for transportation that corresponds to the name, weight and special properties of the cargo specified in the Application.

3.1.3. Pay the Carrier the cost of services provided under this Agreement related to transportation in the amount no later than 7 calendar days from the date of receipt of the original invoice, bilaterally signed certificate of work performed, tear-off coupon waybill and waybill.

3.2. The carrier is obliged:

3.2.1. Submit serviceable vehicles in a condition suitable for transportation of this type of cargo in accordance with the confirmed Application within the approved time frame for loading.

3.2.2. Accept the Cargo from the Sender and deliver the Cargo to the Recipient in the manner established by current legislation and regulations, inspect the completeness, external condition of the cargo and its packaging, in accordance with the shipping documents. The carrier must not load cargo that is of poor quality upon visual inspection, with damaged or defective packaging, of which he is obliged to notify the Client. Upon completion of loading, the Carrier is obliged to make a note in the TN and the Waybill, which indicates acceptance by the Carrier (Driver) full responsibility for the quantity (weight) and condition of the cargo, correctness of loading, presence and proper condition of the seal. Deliver the entrusted cargo to its destination on time; the target date of arrival of the vehicle at the unloading site is determined in the Application and TN.

3.2.3. Upon arrival at the place of unloading, hand over the documents and cargo to the consignee in accordance with the Application and the information specified in the TN, with the execution of all necessary documents.

3.2.4. In case of any delays in transit, the Carrier is obliged to immediately notify the Client. In the event of a vehicle breakdown, the Carrier is obliged to immediately notify the Client, ensure that the cargo is reloaded into a serviceable vehicle and ensure that the cargo continues to be transported to the place of unloading, unless the Client has given written instructions to the Carrier regarding further actions with the cargo.

3.2.5. In the event of an accident, an accident, as well as in any cases of loss of cargo or part of it, theft of cargo by third parties, damage to the seal, etc., take all necessary measures to save, prevent or reduce damage to the cargo. Participate in the preparation of the Unloading Certificate in the event of a discrepancy between the number of seats indicated in the documents and the actual quantity or if defects are detected during unloading of the vehicle.

3.2.6. Provide the Client with originals of shipping documents (TN, Waybill) confirming the acceptance and transfer of goods, as well as a Certificate of Completion of Work, an invoice no later than 5 (five) calendar days from the date of execution of the Client’s Application.

4. Payment procedure

4.1. The Client pays for the Carrier’s services in the amount established in the Application, which is an integral annex to the contract and invoice for a specific transportation.

4.2. Payments for services performed are made by bank transfer by the Client to the Carrier's account, unless otherwise specified by a separate agreement of the Parties. The moment of payment is the date of receipt Money to the Carrier's account.

4.3. The Client is obliged, within 5 calendar days, to check the received original invoice, technical specification and certificate of work performed and, if there are no complaints against the Carrier, sign the Certificate of Work Completion and hand it over to the Carrier in person or by mail. If there are claims and refusal to sign the Certificate of Completion, the Client informs the Carrier of the reasons for the refusal within 2 calendar days from the date of receipt of the specified documents. Payment is made to the Carrier's bank account within 7 calendar days. The Client must return one copy of the signed certificate of completion of work and the technical specification to the Carrier.

5. Responsibility of the parties

5.1. In case of non-fulfillment or improper fulfillment of obligations under this Agreement, the Client and the Carrier bear responsibility established by the Civil Code of the Russian Federation, the Charter of Motor Transport and Urban Ground Electric Transport, as well as this Agreement.

5.2. The Party engaging a third party to fulfill its obligations under this Agreement shall be liable to the other Party for failure to fulfill or improper performance of obligations by the third party as for its own actions.

5.3. Penalties and fines for the obligations of this agreement are paid by the guilty Party in the amount and manner determined by current legislation and regulations. The possibility of applying penalties is a right, but not an obligation, of the Party whose rights are violated.

5.4. Client's responsibility:

5.4.1. If the consignee refuses to accept the cargo, all costs for redirecting or returning the cargo are borne by the Client.

5.4.2. If the Client's payment for the Carrier's services is delayed by more than 5 calendar days, the Carrier has the right to require the Client to pay a penalty in the amount of 0.03% of the amount for each day of delay.

5.5. Carrier's responsibility:

5.5.1. In the event of a delay in providing the Carrier's vehicle for transportation by more than 4 (four) hours for loading, the Client has the right to consider this as a failure to provide the vehicle for transportation, and refuse the Carrier's services for transportation under a confirmed Request, notifying the Carrier about this.

5.5.2. The Carrier, in accordance with current legislation and regulations, bears full responsibility for loss, shortage and damage to goods accepted for transportation that occur from the moment the goods are accepted for transportation until the goods are delivered to the consignee, and compensates the Client for losses incurred in the amount of the cost of the lost goods. , missing or damaged cargo.

5.5.3. The Carrier, along with compensation for established damage caused by loss, shortage or damage (spoilage) of cargo, does not have the right to demand from the Client payment for services for the transportation of lost or missing cargo.

5.5.4. Without the Client’s consent, the Carrier does not have the right to shift to third parties its responsibility for fulfilling the terms of this agreement and the obligation to compensate for losses incurred by the Client.

6. Force majeure

6.1. The parties are released from partial or full fulfillment of obligations under the Agreement if this was a consequence of force majeure circumstances that arose after the conclusion of this Agreement as a result of events emergency which the Parties could not have foreseen; neither prevent by reasonable measures nor influence them and for the occurrence of which they are not responsible, such as earthquakes, floods, fires, train crashes, as well as wars and orders of government bodies.

6.2. The Party citing force majeure circumstances is obliged to immediately inform the other Party about the occurrence of such circumstances in writing, and at the request of the other Party, the relevant documents of the Chamber of Commerce and Industry of the Russian Federation must be provided. The information must contain data on the nature of the circumstances, as well as, if possible, an assessment of their impact on the Parties’ fulfillment of their obligations under the Agreement and on the period for fulfilling the obligations.

6.3. A Party that cannot, due to force majeure circumstances, fulfill its obligations under the Agreement will make every effort to resume this performance as soon as possible.

6.4. Upon termination of these circumstances, the Party citing force majeure must immediately notify the other Party in writing.

6.5. In the event of force majeure circumstances, the deadline for fulfilling obligations under the Agreement is postponed in proportion to the time during which such circumstances and their consequences apply.

7. Dispute resolution

7.1. The parties make every effort to resolve disputes and disagreements arising during the period of validity of this Agreement through negotiations. Before the Parties present claims arising from this Agreement, it is mandatory to submit claims.

7.2. Before transfer controversial issue to the arbitration court at the Chamber of Commerce and Industry of the Samara Region, the parties are obliged to comply with the claims procedure for resolving disputes, observing the procedure for filing claims provided for by current legislation and regulations.

7.3. If it is impossible to resolve disputes through a claim procedure, they are subject to referral to the arbitration court at the Chamber of Commerce and Industry of the Samara Region.

8. Final provisions

8.1. This Agreement comes into force from the date of its signing by both Parties, indicated at the beginning of the Agreement, and is valid until December 31, 2012.

8.2. If neither Party, one month before the expiration of the Agreement, notifies the other Party in writing of its intention to terminate the Agreement or extend it on other terms, the Agreement is considered extended for one year on the same terms with further extension in the same manner.

8.3. This Agreement is drawn up in Russian in two original copies having equal legal force - one for each of the Parties. All additions and changes to this Agreement are valid only if they are made in writing and signed by authorized representatives of the Parties. This Agreement may be amended or terminated by agreement of the Parties. These agreements are made in writing, signed by the Parties and become an integral part of this Agreement from the moment they are signed by the Parties.

8.4. In cases where the terms of this Agreement conflict with the norms Civil Code RF, the norms of the Civil Code of the Russian Federation will apply (according to Articles 421, 422 of the Civil Code of the Russian Federation).

8.5. After signing this Agreement, all preliminary negotiations on it, correspondence, preliminary agreements and protocols of intent on issues related in one way or another to this Agreement lose legal force.

Contract for the carriage of goods sample 2019-2018 free download standard form example form

Agreement

cargo transportation

______________________ “___” ____________ 2019

Represented by _____________________, acting on the basis of _____________________, hereinafter referred to as the Carrier", on the one hand, and _____________________ represented by _____________________, acting on the basis of _____________________, hereinafter referred to as the "Carrier", on the other hand, hereinafter referred to as the "Parties", have concluded this an agreement, hereinafter referred to as the “Agreement”, on the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The carrier undertakes to accept within the established time frame, and the cargo owner – to present for transportation cargo in the specified volume. Transportation of Cargo is carried out on the basis of oral requests from the Customer, submitted within the period established by this Agreement, along routes agreed upon by the Parties. Description of the Cargo (name, quantity, packaging, dimensions, hazard class, if necessary), quantity of Cargo, loading date, consignor, consignee, their addresses and contact numbers, place of loading, Cargo delivery time, cost are determined separately for each transportation by issuing waybills which are an integral part of this agreement.

1.2. Cargo transportation is carried out by road.

1.3. The shipper, in accordance with the norms of current legislation, draws up and submits to the Carrier a waybill, filled out in accordance with the rules for transporting goods by road.

1.4. The carrier fulfills its assumed responsibilities on our own, without the involvement of third parties.

2. RIGHTS AND OBLIGATIONS OF THE CARRIER

2.1. The carrier is obliged:

2.1.1. Promptly begin providing cargo transportation services. If it is impossible to fulfill the application, the Carrier is obliged to notify the Shipper of this within ________ business day(s) from the date of receipt of the application.

2.1.2. Ensure timely delivery to the Shipper of vehicles in good condition and suitable for transportation within the agreed time frame. Ensure the acceptance of the Cargo from the Consignor, as well as its delivery to the Consignee in accordance with the rules of cargo transportation in force in the territory of the Russian Federation.

2.1.3. Notify the Shipper about any deficiencies found in the information received, and if the information is incomplete, request the necessary data from the Shipper.

2.1.4. Properly notify the Shipper of the end of transportation. Provide necessary documentation(waybills).

2.2. The Carrier has the right to demand from the Shipper documents and other information about the properties of the cargo, the conditions of its transportation, as well as other information necessary to fulfill the obligations provided for in this agreement. If the Shipper fails to provide the necessary information, the Carrier has the right not to begin performing the relevant duties until such information is provided.

2.3. The Carrier is obliged to deliver the Cargo to the destination within the time period specified by the Shipper’s application.

3. RIGHTS AND OBLIGATIONS OF THE SHIPPER

3.1. The shipper is obliged:

3.1.1. Submit an application to the Carrier no later than ________ business days before the shipment deadline.

3.1.2. Provide the Carrier with the Cargo for transportation at the place and within the time specified in the application and the waybill.

3.1.3. Issue a power of attorney to the Carrier, if it is necessary to perform his duties, provide the Carrier with information about the properties of the Cargo, the conditions of its transportation, as well as other information necessary for the Carrier to fulfill the obligations provided for in this agreement.

3.1.4. Reimburse the Carrier for all expenses incurred in connection with the execution of this agreement, as well as pay for the delivery of the Cargo in the amount and on time specified in this agreement and invoices.

3.1.5. The shipper is obliged to prepare the Cargo for transportation in such a way as to ensure the safety of its transportation and the safety of the Cargo, as well as to prevent damage to the vehicle.

3.1.6. The cargo is considered not presented for transportation by the Shipper in the following cases:

presentation of the Cargo for transportation late;
presentation for transportation of Cargo sent to a destination other than that established by the contract for the carriage of Cargo;
presentation for carriage of the Cargo, not provided for by the Treaty;
non-compliance of the condition of the Cargo presented for transportation with the requirements established by the rules for the transportation of goods, and the failure of the Shipper to bring the Cargo into compliance with the specified requirements within the period agreed with the Carrier.

3.1.7. For failure to present the cargo for transportation as provided for in the Agreement and the waybills, the Shipper shall pay the Carrier a fine in the amount of ________% of the fee established for the carriage of the Cargo. The Carrier also has the right to demand from the Shipper compensation for losses caused to him in the manner established by the legislation of the Russian Federation.

3.2. The shipper has the right:
3.2.1. Require the Carrier to properly perform its duties.
3.2.2. Demand compensation for damage caused by the Carrier’s unlawful actions.

3.2.3. Terminate the Agreement in the cases provided for by law and this Agreement.

4. LOADING AND UNLOADING CARGO

4.1. Loading is carried out by the forces and means of the Shipper at the expense of the Shipper.

4.2. Unloading is carried out by the forces and means of the Consignee at the expense of the Consignee.

4.3. The equipment necessary for loading, unloading and transporting the Cargo must be provided and installed on the vehicle by the Shipper and removed from the vehicle by the Consignee.

4.4. Sealing of vehicles and containers is not carried out.

5. DETERMINATION OF LOAD MASS

5.1. Cargoes are accepted for transportation with the weight of the cargo and the number of cargo pieces indicated in the waybills. The weight of the goods is determined by the Shipper before presenting them for transportation. The procedure for determining the mass of cargo is established by the rules of cargo transportation.

5.2. An entry in the waybill about the weight of the cargo, indicating the method of determining it, is carried out by the Shipper.

5.3. The weight of the cargo is determined by the Shipper in the presence of the Carrier, and if the point of departure is the Carrier's terminal, by the Carrier in the presence of the Shipper.

6. PROCEDURE AND TIMELINES FOR TRANSPORTATION

6.1. The procedure and terms for the transportation of goods are determined by the Parties separately in the waybills, which are an integral part of this agreement.

6.2. The Carrier is obliged to deliver the Goods within the established time frame.

6.3. The Carrier is obliged to inform the Shipper and the Consignee about the delay in delivery of the Cargo.

7. RELEASE OF CARGO

7.1. The Carrier is obliged to deliver and release the Cargo to the Consignee at the address indicated by the Consignor in the consignment note, and the Consignee is obliged to accept the Cargo delivered to him.

7.2. If, due to damage (deterioration) of the Cargo during transportation, the possibility of using the Cargo for its intended purpose is excluded, the Consignee has the right to refuse to accept the Cargo.

7.3. If the Consignee refuses to accept the Cargo for reasons beyond the control of the Carrier, the latter has the right to return the Cargo to the Consignor with appropriate prior notification.

7.4. The costs of transporting the Cargo when it is returned or re-addressed are reimbursed at the expense of the Shipper.

7.5. The procedure for checking the weight of the Cargo and the number of packages when issuing the Cargo to the Consignee at the point of destination must correspond to the procedure for checking the weight of the Cargo and the number of packages when accepting the cargo from the Shipper at the point of departure.

7.6. Delivery of cargo by the Carrier at the point of destination with mandatory check weight, condition of cargo, number of packages is carried out in the following cases:

1. delivery of cargo in a covered vehicle or container accepted for transportation without seals;

2. delivery of cargo in a faulty vehicle body, container or in a working body,

container, but with damaged shipper's seals.

7.7. The Carrier releases the Cargo in containers or packaging with checking the weight and condition of the Cargo only in case of damage to the container or packaging. If damage to the container or packaging is detected, as well as in the presence of other circumstances that may affect the change in the condition of the Cargo, the Carrier is obliged to check the weight and condition of the Cargo located in the damaged container or packaging.

7.8. The shortage of cargo from one Consignor to one Consignee and delivered in a technically sound vehicle without signs of cargo shortage is determined based on the results of checking the entire batch of simultaneously issued cargo.

7.9. If, when checking the weight, condition of the Cargo, and the number of packages at the destination, a shortage or damage (spoilage) of the Cargo is discovered, the Consignee and the Carrier are obliged to determine the amount of the actual shortage, damage (spoilage) of the Cargo.

7.10. If it is necessary to conduct an examination to determine the amount of actual shortage, damage (spoilage) of the Cargo, the Consignee, either at his request or on his own initiative, the Carrier invites experts in the relevant field. The results of the examination carried out without notification to the Carrier or the Consignee are invalid. The costs associated with the examination are paid by the person who ordered the examination, with the subsequent attribution of costs to the person responsible for the shortage, damage (spoilage) of the Cargo.

8. COST OF SERVICES, PAYMENT PROCEDURE

8.1. Payment for each individual transportation of Cargo is made to the Carrier's bank account in the following order: an advance in the amount of ________% of the cost of work is transferred to the Carrier's bank account.

8.2. Upon completion of services, the Shipper issues to the Carrier a certificate of completion of work in 2 copies, a bill of lading in 1 copy, and an invoice for the work performed.

8.3. The shipper is obliged to sign the certificate of completion of work within ________ working days and give the Carrier one signed copy or send a reasoned refusal.

8.4. Final payment is made within ________ business days from the date of invoice by transferring funds to the Carrier's account.

8.5. In case of late payment, payment is made by collection.

9. RESPONSIBILITY OF THE PARTIES

9.1. In case of failure to fulfill or improper fulfillment of their obligations under this agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.

9.2. Each of the Parties that has caused damage to the other party by non-fulfillment or improper fulfillment of its obligations under this agreement is obliged to compensate the other party for the losses caused.

9.3. For failure to present the Cargo or failure to use the provided vehicles, the Shipper shall pay a fine to the Carrier in the amount of ________________________________________ rubles.

9.4. The Shipper shall reimburse the Carrier for all costs and losses associated with the provision of

false information.
9.5. For demurrage of a vehicle due to the fault of the Shipper, the latter pays to the Carrier

a fine in the amount of _____________________________________________ rubles for each day of downtime.

9.6. If the payment terms stipulated by this agreement are violated, the Shipper

pays a penalty in the amount of________% of the unpaid amount for each day of delay.

9.7. The Carrier is responsible for failure to preserve the Cargo that occurred after it was accepted for transportation and before delivery to the Consignee, a person authorized by him, unless he proves that the loss, shortage or damage (deterioration) of the Cargo occurred as a result of circumstances that the Carrier could not prevent and the elimination of which he could not prevent. didn't depend.

9.8. Damage caused during the transportation of the Cargo is compensated by the Carrier:

in case of loss or shortage of Cargo - in the amount of the cost of the lost or missing Cargo;
in case of damage (damage) to the Cargo - in the amount by which its value has decreased, and if it is impossible to restore the damaged Cargo - in the amount of its value;
in case of loss of Cargo or baggage handed over for transportation with a declaration of its value - in the amount of the declared value of the cargo.

10. DISPUTE RESOLUTION PROCEDURE

10.1. All disputes arising from this Agreement are subject to consideration in Arbitration Court G__________________________.

10.2.1. In cases where, despite the provisions of clause 10.1 of this agreement, according to the current legislation, the dispute of the Parties cannot be considered in the Arbitration Court of the city ___________________________, since the dispute is subject to the jurisdiction of a court of General jurisdiction (as due to participation in the case individual, or for any other reason), then such a dispute is considered according to the following rules:

10.2.1.1. Dispute within the jurisdiction of a court of General jurisdiction and within the competence of federal court General jurisdiction, subject to consideration in the district court of ____________________________.

10.2.1.2. A dispute within the jurisdiction of a court of General jurisdiction and falling within the competence of a magistrate’s court of general jurisdiction is subject to consideration by the appropriate magistrate of the relevant area, the territorial jurisdiction of which includes the following address: ________________________________.

11. OTHER CONDITIONS

11.1. This agreement may be amended, supplemented and terminated early by written agreement of the Parties.

11.2. The shipper has no right to assign his rights and obligations arising from this

Agreement, to third parties without the written consent of the Carrier.

11.3. All annexes and additional agreements to the agreement signed by the Parties are an integral part of it.

11.4. This agreement is drawn up in 2 copies having equal legal force, one copy each for the Carrier and the Shipper.

11.5. Facsimile copies of the agreement and appendices, amendments to it have the force of the original if there is an original seal of one of the Parties on them. In this case, the original copies are sent by the Parties to each other by mail within ________ days from the date of signing the relevant document.

11.6. This agreement comes into force from the moment it is signed by both Parties and is valid until they fully fulfill their obligations.

12. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Carrier
Legal address: ___________________________________ Postal address: _______________________________________

Shipper

Legal address: ___________________________________

Mailing address: _______________________________________

Phone fax: _________________________________________

INN/KPP: ______________________________________________

Checking account: ________________________________________

Bank: ___________________________________________________

Correspondent account: ______________________________

BIC: _____________________________________________________

Signature: _______________________________________________

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