Contract for the carriage of goods. Sample contract for the carriage of goods by road
Agreement No. ____
cargo transportation by car
LLC "Ivanov", represented by director Ivanov I.I., 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 concluded this Agreement as follows:
1. The Subject of the Agreement
1.1. This Agreement governs the relationship between the Parties for the carriage of the Client's goods by the Carrier's motor transport, including the planning, provision and payment of transportation services, as well as 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 consignor 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 - TN); and also provides other services related to the implementation of transportation, on the terms, on time and at prices determined by Applications for the provision of a vehicle for each transportation.
2. The procedure for issuing documents for transportation
2.1. The Client sends the Carrier a written application with the signature of 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. The Carrier, upon receipt of the application for transportation from the Client, signs it and sends it to the Client. Sending to the Client an application filled out and signed by the Carrier is a confirmation of readiness to perform the declared transportation in in full.
2.3. The parties may, by mutual agreement, send and accept for execution copies of documents sent by facsimile or e-mail. The original documents are sent (transferred by courier) immediately after sending a 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 waybill, and the waybill signed by 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. Prior to the arrival of the Carrier's vehicle, ensure that the consignor or consignee (hereinafter in the text of the Agreement: at the places of loading - the consignor, at the places of unloading - the consignee) prepares the cargo for transportation (preparation for unloading) and passes the vehicle to the place of loading (unloading).
3.1.2. Ensure that the cargo is presented for transportation, corresponding to the name, weight and special properties of the cargo specified in the Application.
3.1.3. Pay the Carrier for the cost of the services rendered under this Agreement, related to the implementation of transportation in the amount, no later than 7 calendar days from the date of receipt of the original invoice, a bilaterally signed act of work performed, a detachable waybill and a waybill.
3.2. The carrier is obliged:
3.2.1. Submit serviceable vehicles for loading within the approved deadlines in a condition suitable for the transportation of this type of cargo in accordance with the confirmed Application.
3.2.2. Accept the Cargo from the Sender and deliver the Cargo to the Recipient in the manner prescribed by applicable law and regulations, inspect the completeness, external condition of the cargo and its packaging, in accordance with the shipping documents. The carrier must not load poor-quality visual inspection cargo, with broken and defective packages, about which he is obliged to notify the Client. Upon completion of loading, the Carrier is obliged to make a note in the bill of lading and waybill, which indicates that the Carrier (Driver) accepts full responsibility for the quantity (weight) and condition of the cargo, the correct loading, the presence and proper condition of the seal. Deliver the entrusted cargo to its destination on time; the control date of arrival of the vehicle at the place of unloading is determined in the Application and TN.
3.2.3. Upon arrival at the place of unloading, transfer the documents and cargo to the consignee in accordance with the Application and the information specified in the TN, with the execution of all the necessary documents for this.
3.2.4. In case of any delays on the way, the Carrier is obliged to immediately notify the Client. In the event of a breakdown of the vehicle, the Carrier is obliged to immediately notify the Client about this, ensure the reloading of the cargo into a serviceable vehicle and ensure the continuation of the transportation of the cargo to the place of unloading, if the Client has not given instructions in writing to the Carrier regarding further actions with the cargo.
3.2.5. In the event of an accident, traffic accident, as well as in any case 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 Act of unloading in case of discrepancy between the number of places indicated in the documents, the actual number or the detection of marriage during unloading of the vehicle.
3.2.6. Provide the Client with the original shipping documents (TN, Waybill) confirming the acceptance and transfer of goods, as well as the Certificate of Completion, 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 services of the Carrier in the amount specified in the Application, which is an integral annex to the contract and invoice for a specific transportation.
4.2. Payments for the services performed are made by bank transfer by the Client to the Carrier's account, unless otherwise agreed by 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 invoices, TN and the certificate of completion, and in the absence of claims against the Carrier, sign the Certificate of completion and transfer it to the Carrier in person or by mail. If there are claims and refusal to sign the Certificate of Completed Works, the Client informs the Carrier about 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 settlement account within 7 calendar days. One copy of the signed act of completed work and TN the Client must return to the Carrier without fail.
5. Liability of the parties
5.1. In case of non-fulfillment or improper fulfillment of obligations under this Agreement, the Client and the Carrier shall be liable under the Civil Code of the Russian Federation, the Charter of Motor Transport and Urban Surface Electric Transport, as well as this Agreement.
5.2. The Party that engages a third party to fulfill its obligations under this Agreement shall be liable to the other Party for non-fulfillment or improper fulfillment of obligations by the third party as for its own actions.
5.3. Penalties and fines under the obligations of this agreement shall be paid by the guilty Party in the amount and in the manner determined by the 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 Responsibility:
5.4.1. In the event that the consignee refuses to accept the cargo, all costs for forwarding or returning the cargo shall be borne by the Client.
5.4.2. If the Client delays payment for the Carrier's services for 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 case of 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 according to the confirmed Application, notifying the Carrier about this.
5.5.2. The Carrier, in accordance with the current legislation and regulations, is fully responsible for the loss, shortage and damage of goods accepted for transportation that occurred from the moment the goods were accepted for transportation and until the delivery of the goods to the consignee, and reimburses the Client for the losses incurred in the amount of the cost of the lost , missing or damaged cargo.
5.5.3. The Carrier, along with compensation for the established damage caused by the loss, shortage or damage (spoilage) of the cargo, is not entitled to demand from the Client payment for services for the transportation of the lost or missing cargo.
5.5.4. Without the consent of the Client, the Carrier is not entitled to transfer to third parties its responsibility for the fulfillment of the terms of this agreement and the obligation to compensate for losses incurred by the Client.
6. Force majeure
6.1. The Parties are exempted from partial or complete fulfillment of obligations under the Agreement if this was the result of force majeure circumstances that arose after the conclusion of this Agreement as a result of extraordinary events that the Parties could not have foreseen; neither prevent nor influence by reasonable measures and for which they are not responsible, such as earthquakes, floods, fires, train wrecks, as well as wars and government orders.
6.2. The Party referring to 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 fulfillment by the Parties of their obligations under the Agreement and on the term for the fulfillment of obligations.
6.3. A Party that cannot, due to force majeure, 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 referring to force majeure must immediately notify the other Party of this in writing.
6.5. In the event of force majeure circumstances, the deadline for fulfilling obligations under the Agreement is extended in proportion to the time during which such circumstances and their consequences are in force.
7. Dispute resolution
7.1. The Parties shall make every effort to resolve disputes and disagreements arising during the term of this Agreement through negotiations. Prior to the presentation by the Parties of claims arising from this Agreement, it is mandatory to submit claims.
7.2. Prior to the transfer of the disputed issue to the arbitration court at the Chamber of Commerce and Industry Samara region the parties are obliged to comply with the claims procedure for resolving disputes, observing the procedure for presenting claims provided for by the current legislation and regulations.
7.3. If it is impossible to resolve disputes in a claim procedure, they are subject to referral to an arbitration court at the Chamber of Commerce and Industry of the Samara Region.
8. Final provisions
8.1. This Agreement shall enter into force from the date of its signing by both Parties, specified at the beginning of the Agreement, and is valid until December 31, 2012.
8.2. If neither of the Parties notifies the other Party in writing one month before the expiration of the Agreement of its intention to terminate the Agreement or extend it on other terms, the Agreement shall be deemed extended for one year on the same terms with a 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 of conflict between the terms of this Agreement and the norms of the Civil Code of the Russian Federation, 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, one way or another related to this Agreement, lose their legal force.
for the carriage of goods by road (without the provision of forwarding services by the carrier) in a person acting on the basis of , hereinafter referred to as " Carrier”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Customer”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:1. THE SUBJECT OF THE AGREEMENT
1.1. In accordance with the terms of this agreement, the Carrier undertakes to carry out the transportation of the Customer's goods on the basis of his application, and the Customer undertakes to pay for the services rendered by the Carrier in a timely manner in accordance with the Carrier's tariffs in force on the date of the services provided.
1.2. The Carrier has the right to provide the Customer with additional services related to the organization of cargo transportation in urban and intercity traffic.
1.3. Transportation of goods is carried out by the Carrier with cargo escort by the Customer's forwarder.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Carrier carries out the transportation of the Customer's goods on the basis of the Customer's written application submitted to the Carrier in any convenient way.
2.2. The application must be submitted no later than one hour before submission motor vehicle under loading.
2.3. If the application contains insufficient information related to the performance of services under this contract, the Carrier must inform the Customer about the suspension of the application until the missing information is received. After the Customer provides the necessary information at the request of the Carrier, the action of the application is resumed.
2.4. If it is impossible to fulfill the application, the Carrier, within an hour (s) after its receipt, is obliged to notify the Customer about the impossibility of fulfilling it. Otherwise, the application is considered accepted for execution.
2.5. The carrier is obliged:
2.5.1 Within an hour(s) from the receipt of the application, determine the number and type of car Vehicle for transportation, depending on the volume and nature of the cargo.
2.5.2. Ensure timely delivery of vehicles to the loading point specified by the Customer.
2.5.3. Submit for loading serviceable vehicles suitable for the safe transportation of the cargo specified in the application and meeting sanitary requirements during transportation food products.
2.5.4. Within the period agreed by the Parties, deliver the cargo entrusted to him by the Customer to the point of destination and issue it to the person (consignee) authorized to receive the cargo.
2.6. The customer is obliged:
2.6.1. To carry out unloading of vehicles at their destinations using their own forces and means, preventing vehicles from being idle during loading and unloading in excess of the established time limits.
2.6.2. Preliminarily prepare the cargo for transportation, prepare accompanying documents, as well as, if necessary, a pass for the right to travel to the destination and unload the cargo.
2.6.4. Ensure timely and proper execution in the prescribed manner of waybills and bills of lading.
3. SETTLEMENTS BY THE PARTIES
3.1. Payment under this agreement is made by the Customer in advance by transferring funds to the account of the Carrier. The date of receipt of funds shall be confirmed by the Carrier in writing.
3.2. The amount payable for the transport services provided by the Carrier is determined by agreement of the Parties in accordance with the Carrier's tariffs and amounts to rubles (including VAT).
3.3. Expenses necessary for the transportation of goods through toll bridges, roads, entrances, ecological posts, customs, etc., are paid by the Customer upon presentation of supporting documents (receipts, checks).
3.4. If the Customer, accompanying the cargo, pays part of the expenses with his own funds, then the payment for the flight is agreed by the Parties when submitting the application in writing with a detailed statement in the Application of the conditions not provided for by this agreement.
3.5. If the Customer refuses to execute the application before the hours of the day preceding the day of its execution, the Carrier returns the paid funds with a deduction of % of the amount paid.
3.6. The amount payable for additional services provided by the Carrier is determined as follows:
3.6.1. Loading and unloading works are paid according to the tariff on the basis of acts of performed works (services).
3.6.2. Additional services related to the involvement of third-party vehicles in accordance with clause 1.2 of this agreement are determined in the amount of% of the amount specified in clause 3.2 of this agreement.
3.6.3. Sanitation of a vehicle for the transport of food products is paid according to the tariff.
3.7. Documents confirming the performance of services are waybills signed by the Customer, receipts for the performance of work (services), acts additional work, services, agreed applications.
3.8. Tariffs for the transportation of goods and other services may change due to an increase in the cost of transportation, as well as other circumstances that determine the price level. The Carrier reserves the right to change the current tariffs by notifying the Customer in writing.
3.9. If the Customer, due to its omission, did not indicate the actual time of arrival or departure of the car in the waybill, the Carrier, when calculating the payment for transport services, takes as a basis the time the car leaves the parking lot and the time the car returns to the parking lot.
3.10. For violation of the payment deadline, the Customer shall pay penalties in the amount of % of the payment amount for each day of delay.
4. CONDITIONS OF ACCEPTANCE AND DELIVERY OF CARGO AND TRANSPORTATION
4.1. When accepting cargo for transportation, the Carrier's driver presents, and the Customer checks the identity documents of the Carrier, and waybill certified by the seal of the Carrier.
4.2. Acceptance of cargo for transportation is carried out on the basis of the consignment note of the established form issued by the Customer in 4 copies, which is the main transportation document. Cargo that is not issued by waybill is not accepted by the Carrier for transportation.
4.3. If the cargo is not accompanied by a representative of the consignee or the owner of the cargo, the liability for the safety of the cargo during its transportation lies with the Carrier.
4.4. If there is a shortage or damage to the goods that occurred during transportation, the Customer draws up an act upon acceptance of the goods, on the basis of which the Carrier compensates for the losses.
5. VALIDITY OF THE CONTRACT. AMENDMENT AND ADDITION OF THE CONDITIONS OF THE AGREEMENT
5.1. The Agreement shall enter into force upon signing by the Parties.
5.2. During the validity of this agreement, the Parties have the right to make changes and additions. Changes and additions to this agreement, drawn up in writing and signed by the Parties, are its integral part.
6. FINAL PROVISIONS
6.1. This Agreement may be terminated at the initiative of any of the Parties. In this case, it is necessary to notify the other Party in writing no later than days in advance.
6.2. Disputes and disagreements that have arisen in the implementation of the Agreement are resolved, if possible, through negotiations between the Parties. If the dispute or disagreement cannot be resolved through negotiations, either Party has the right to refer such dispute or disagreement to the court, whose jurisdiction and cognizance include disputes from this Agreement.
6.3. For damage caused in connection with the execution of this agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.
6.4. The Agreement is made in two copies, one for each of the Parties, both copies have the same legal force.
7. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Carrier
Customer Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:
8. SIGNATURES OF THE PARTIES
Carrier _________________
Customer _________________
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Rendering Agreement transport services for the carriage of goods
by road No. ___
Moscow "___" ____________ 2018
CUSTOMER: LLC "Company", represented by Director General Surname Name Patronymic (in the genitive case), acting on the basis of the Charter on the one hand and, EXECUTOR: individual entrepreneur Surname Name Patronymic, acting on the basis of the Certificate on the other hand, collectively referred to as the "Parties", have drawn up this Agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Customer instructs, and the Contractor assumes the organization of transportation of goods in urban, suburban and intercity road traffic.
1.2. The name of the cargo and its characteristics, the number of pieces, the weight of the cargo, its declared value, the address of delivery of vehicles for loading and unloading, the consignee, the date and time of the start of loading, as well as all additional information necessary for organizing and carrying out transportation, are indicated by the Customer in the Application ( Annex No. 2 to this Agreement).
2. OBLIGATIONS OF THE CONTRACTOR
2.1. Under this Agreement, the CONTRACTOR is obliged to:
2.2. Organize the transportation of goods by road, following the route agreed by the Parties in the application.
2.3. Ensure the supply of vehicles that are technically sound and suitable for the transportation of the Customer's cargo for loading at the place and time specified in the application.
2.4. In the event that the Contractor provides vehicles unsuitable for the transportation of the Customer's cargo, the Contractor's employee, if possible, eliminates the shortcomings that impede the transportation of the cargo. If it is impossible to eliminate the shortcomings on the spot, the Contractor shall replace the vehicle as soon as possible. The customer has the right to refuse, without incurring liability, from the submitted vehicle, if its parameters differ from the parameters specified in the Application and do not allow the carriage of goods.
2.5. The Contractor, represented by the driver of the vehicle, has the right to refuse reloading in excess of the weight specified in the Application. In this case, the Customer is obliged to eliminate the overload of vehicles. If the Contractor agrees to take the transshipment, the calculation for the transshipment of vehicles is carried out according to the agreement.
2.6. In case of impossibility to supply vehicles due to unforeseen circumstances, the Contractor is obliged to immediately inform the Customer about this and provide other vehicles at no additional charge.
2.7. Deliver the cargo to its destination and hand it over to the consignee.
2.8. Forward the cargo at the request of the Customer and check (recalculate) the cargo according to the waybills or other documents of the Customer for an additional fee (by agreement of the Parties).
2.9. Provide the Customer with advice on improving the efficiency of transportation by choosing rational routes, loading and unloading and other operations.
2.10. The Contractor has the right to refuse to accept cargo that, by its nature, requires special conditions of transportation, security, dangerous cargo.
3. OBLIGATIONS OF THE CUSTOMER
Under this Agreement, the CUSTOMER is obliged to:
3.1. Guided by standard requirements presented for domestic transportation of goods, Civil Code Russian Federation, Federal Law Russian Federation dated November 8, 2007 N 259-FZ "Charter of road transport and urban ground electric transport".
3.2. The Customer guarantees that he is the legal owner of the cargo, that the cargo does not contain attachments that are prohibited or restricted for transportation by road on the Contractor's terms in accordance with the current legislation of the Russian Federation.
3.3. If the cargo is presented for transportation with the declared value and the declared value of the cargo exceeds the amount of 100,000 (one hundred thousand) rubles, insurance of this cargo is mandatory. Insurance is carried out by the Client in the insurance company chosen by him and at the expense of the Client.
3.4. Submit an application in writing (using e-mail) indicating all the necessary data no later than 17.00 hours of the day preceding the day of loading. The parties have the right to refuse to supply vehicles without compensation for damage / loss, no later than 18.00 hours of the day preceding the day of loading.
If the Customer is not ready to load / unload on the agreed day, the Customer is obliged to notify the Contractor no later than 17.00 hours of the day preceding the day of loading. Otherwise, the Customer is obliged to pay the Contractor the losses associated with the supply of vehicles in the amount of 50% of the minimum cost of ordering this vehicle.
3.5. Provide unobstructed access roads to the place of loading / unloading. Timely and properly issue documents (passes) for the right to enter and exit vehicles at the places of loading / unloading.
3.6. Before the arrival of vehicles for loading, prepare the cargo for transportation (pack, mark). In case of refusal of the necessary container / packaging, the Customer is responsible for all consequences of damage, damage and loss.
3.7. Issue to the Contractor the shipping documents, or certified copies of them for the cargo, necessary to accompany the cargo (power of attorney for the transportation of cargo, waybills, certificates of conformity and safety, invoices, passports, etc.) and the implementation of customs, sanitary and other types state control.
3.8. Timely provide the Contractor with complete, accurate and reliable information about the properties of the cargo, the conditions of its transportation and other information necessary for the Contractor to fulfill the obligations stipulated by the Contract, including the numbers/addresses of the means of communication (telephone, e-mail).
3.9. Accept the delivered cargo or ensure its acceptance by the consignee, if the Customer is the consignor of the cargo. In the absence of the consignee specified in the Application at the destination, or the consignee refuses to accept the cargo, pay the expenses of the Contractor for the delivery of the cargo to the destination, for the return of the cargo to the point of departure, as well as the expenses for storing the cargo.
4. COST OF SERVICES AND PROCEDURE OF PAYMENTS
4.1. The cost of the Contractor's services is specified in Appendix No. 1 to this Agreement or is negotiated for each transportation separately in the Application (Appendix No. 2).
4.2. The Customer pays all unforeseen and documented expenses of the Contractor, incurred by him additionally in the process of executing this Agreement and lawfully paid by the Contractor, including demurrage / running of vehicles due to reasons beyond the control of the Contractor, arrival of vehicles at several addresses when delivering goods from / to of the Customer, entrances to the territory of loading / unloading, etc. All expenses incurred in the interests of the Customer are included in the invoice by the Contractor.
4.3. Payment for services for the organization of transportation of goods is made by the Customer according to the invoices issued within 5 (five) banking days from the moment of receipt of the invoice by transferring funds to the account of the Contractor.
4.4. The invoice for the services rendered can be made by the Contractor both for a separate transportation and for a certain period during which the transportation was carried out. The Contractor provides the Customer with an invoice for e-mail, the Customer undertakes to pay for it within 5 days from the date of receipt.
4.5. The act of acceptance and delivery of the services provided must be agreed and approved by the Customer within 5 (five) days from the date of receipt. The fact of receipt of the act is a receipt issued by the Customer's employee, or confirmation by the Customer's employee of receipt of the act by e-mail.
4.5.1. If the Customer does not notify the Contractor of changes in the act, then, after 5 (five) days from the date of receipt, the act is considered approved.
4.5.2. If discrepancies in the cost are found during the agreement and approval of the act, then the next invoice is issued taking into account the established discrepancies. In the event of a one-time transportation or termination of this Agreement, the Contractor shall reimburse the overpaid funds.
4.6. In the event that the Customer fails to pay the invoices issued by the Contractor or the Customer has another debt to the Contractor, the latter has the right to retain the cargo at its disposal until payment of remuneration and reimbursement of expenses. In this case, the Customer also pays the costs associated with the retention of property. For the resulting damage to the cargo due to its retention by the Contractor, in the cases provided for in this clause, the Customer shall be liable.
4.7. By agreement of the Parties, the amounts intended to cover the costs of the Contractor may be paid by the Customer in an advance payment (advance payment).
5. RESPONSIBILITIES OF THE PARTIES
5.1. Contractor's responsibility:
5.1.1. For failure to perform or improper performance of obligations under this Agreement, the Contractor shall be liable on the grounds and in the amount determined in accordance with the current legislation of the Russian Federation.
5.1.2. For non-delivery of vehicles, in accordance with the application of the Customer, the Contractor is responsible in the amount of 50% of the minimum cost of ordering this vehicle. At the same time, the Contractor is not released from the obligation to provide vehicles. Non-delivery is considered the refusal of the Customer from the Contractor's vehicle in case of its delay by more than 4 (four) hours in accordance with the Application.
5.1.3. For untimely delivery of vehicles, the Customer has the right to require the Contractor to pay a penalty in the amount of 5% of the minimum cost of ordering this vehicle for each hour of delay.
5.1.4. The Contractor is not responsible for falsely declared cargo, as well as for the shortage of cargo in the integrity of the outer packaging and (or) broken seals of the Customer.
5.1.5. In the event that the Customer orders the "Forwarding Freight" service, the Contractor shall be liable to the Customer in the form of compensation real damage for loss, shortage or damage (spoilage) of the cargo after it was accepted by the Contractor and before the delivery of the cargo to the consignee or a person authorized by him, unless he proves that the loss, shortage or damage (spoilage) of the cargo occurred due to circumstances that he could not prevent and eliminate which did not depend on him.
If the Contractor proves that the breach of obligation was caused by improper performance of the Contracts of Carriage, then its liability to the Customer is determined in accordance with the same rules under which the relevant carrier is responsible to the Contractor.
5.2. Customer Responsibility:
5.2.1. The customer is responsible for the refusal of the order of vehicles later than 18:00 of the day preceding the day of transportation in the amount of 50% of the minimum cost of ordering this vehicle.
5.2.2. The Customer is responsible for the correctness, reliability and completeness of the information necessary for the execution of the Contract (including the indication of the name of the cargo), in the absence, insufficiency or inaccuracy of this information, the Customer pays fines for the return, storage, redirection of cargo and other services organized by the Contractor.
5.2.3. The Customer is responsible for the correctness and accuracy of filling in invoices and other documents drawn up for the execution of the Agreement.
5.2.4. The Customer is liable for losses caused to the Contractor in connection with the failure to fulfill the obligation to provide information specified in this Agreement.
5.2.5. For a delay in payment of invoices issued by the Contractor and reimbursement of expenses incurred by him in the interests of the Customer for more than 5 (five) banking days, the Contractor has the right to charge the Customer a penalty in the amount of 0.5% (zero point five percent) of the amount of the invoice issued by the Contractor for each day of delay.
5.3. Responsibility of the Parties:
5.3.1. The parties are released from liability for full or partial failure to fulfill their obligations, if such failure is a consequence of force majeure circumstances, i.e. extraordinary and unavoidable circumstances under the given conditions that arose against the will and beyond the control of the Parties, such as: flood, earthquake, other natural disasters, war or hostilities, embargoes, mass strikes, disasters, air temperature drops below minus 35 degrees Celsius, changes or the emergence of new legislative acts that have arisen after the conclusion of this Treaty, the actions of the government and bodies state power preventing the Parties from fulfilling their obligations.
5.3.2. The Party for which it has become impossible to properly fulfill obligations under this Agreement is obliged immediately from the moment of detection to notify the other Party of the beginning and termination of force majeure circumstances.
5.3.3. If any of these circumstances directly affects the fulfillment of obligations within the period stipulated in this Agreement, then this period, by written agreement of the Parties, is proportionally postponed for the time of the relevant circumstance. At the same time, the Parties are not entitled to demand compensation from each other for possible losses.
5.3.4. All legal and financial responsibility for the delay of the car on the way by the employees of the internal affairs bodies, associated with the absence or incorrect design documents for cargo/vehicles, falls on the Party that executes the relevant documents, and in the case of documents on vehicles - on the Contractor.
5.3.5. In the event that the Customer or his representative discloses information under this Agreement relating to financial relations to third parties, including drivers or loaders from the Contractor, the Customer shall pay the Contractor a penalty in the amount of 50,000 rubles.
5.3.6. In the event that the Customer enters into an agreement (oral or written) on the provision of services with a driver or a loader from the Contractor directly, bypassing the Contractor, the Customer pays the Contractor a penalty in the amount of 50,000 rubles.
6. DISPUTES RESOLUTION
6.1. Disputes and disagreements that may arise during the execution of this Agreement will be resolved through joint negotiations between the Parties on the basis of the principles of mutual respect and recognition of the rights of the other Party.
6.2. In the event that the Parties during the negotiations did not reach an agreement on the settlement contentious issues, the dispute is transferred to Court of Arbitration Moscow for consideration in accordance with the current legislation of the Russian Federation.
6.3. Telegraphic and postal (including electronic) notifications have documentary value in subsequent lawsuits in arbitration, judicial instances between the contracting Parties, if any.
6.4. The contract, acts, applications, invoices and other documents sent by e-mail in word, pdf, jpeg, jpg, gif, png, tiff, txt, zip, rar formats have the legal force of the original.
7. TERM AND PROCEDURE OF THE AGREEMENT
7.1. This Agreement comes into force from the moment of its signing and is valid until December 31, 2018.
7.2. The Agreement is automatically extended for the next calendar year, unless either Party notifies in writing of its termination no later than 30 days before the expiration of the Agreement.
7.3. Any changes, additions and claims to this Agreement are valid only if they are made in writing and signed by authorized representatives of both Parties. For the purposes of this Agreement, the written form of the Parties means both the drawing up of a single document and the exchange of letters (including electronic ones), telegrams, messages using facsimile means that allow identifying the sender and the date of departure.
7.4. In case of early termination of the term of the Agreement, an Act of mutual settlements is drawn up. Each of the Parties is obliged to return the agreed amount (advance payment) to the other Party within 3 banking days.
7.5. In everything that is not stipulated in this Agreement, the Parties are guided by the current legislation of the Russian Federation.
7.6. This Agreement is made in 2 (two) copies having equal legal force, one copy for each Party.
8. LEGAL ADDRESSES AND DETAILS OF THE PARTIES
CUSTOMER:
EXECUTOR:
CUSTOMER:
LLC "Company"
CEO
____________________ / FULL NAME.
EXECUTOR:
Individual entrepreneur Full name
____________________ / FULL NAME.
2. Contract for the carriage of goods
Under the contract for the carriage of goods, the carrier undertakes to deliver the goods entrusted to him by the sender to the destination and issue it to the person (recipient) authorized to receive the goods, and the sender undertakes to pay the established fee for the carriage of the goods.
Transportation relations are enshrined in the Civil Code (Articles 784-785, 787-794, 796, 798, 799 of the Civil Code), as well as in special transport legislation:
Federal Law "On Federal Railway Transport" dated August 25, 1995 N 153-FZ * (63);
Merchant Shipping Code of the Russian Federation of April 30, 1999 N 81-FZ (as amended on May 26, 2001) * (63);
Charter of motor transport of the RSFSR of January 8, 1969 (Resolution of the Council of Ministers of the RSFSR N 12) (as amended on April 28, 1995).
Types of contracts for the carriage of goods
a) by mode of transport:
shipping by rail;
transportation by inland transport;
shipping by air;
transportation by sea (international sea transportation and transportation within the country (coastal transportation: small cabotage - between ports of the same sea, large cabotage - between ports of different seas));
transportation by road (urban - transportation carried out within the boundaries of the city; suburban - transportation carried out outside the boundaries of the city (other locality) at a distance of up to 50 km inclusive; long-distance - transportation carried out outside the boundaries of the city (another settlement) at a distance of more than 50 km; inter-republican (inter-regional) - transportation carried out on the territory of two or more republics (regions); international - transportation carried out outside the territory of the Russian Federation);
b) by the number of transport organizations acting on the side of the carrier:
transportation carried out by only one transport company is referred to as transportation in local traffic;
if several transport organizations of the same type of transport participate in the transportation of goods according to one transport document, then the transportation is usually called transportation in a direct message;
when transportation is carried out by several transport organizations of different modes of transport under a single transport document, then transportation takes place in a direct mixed traffic (combined transportation);
c) by objects of transportation:
shipping;
transportation of luggage;
transportation of passengers;
d) in railway transport, depending on the amount of cargo:
small shipments;
wagon transportation;
route transportation (transportation by whole trains);
e) in maritime transport:
linear regular transportation (carried out to certain directions according to a fixed schedule);
tramp (irregular) transportation (carried out on the basis of a free agreement of the parties).
Trump transportation is carried out:
under a contract for a one-time carriage of cargo without providing the sender with the entire ship or part of it (bill of lading);
under a charter agreement. The charterer undertakes to provide the charterer for a fee with all or part of the capacity of one or more vehicles for one (voyage charter) or several flights (general charter) for the carriage of goods, passengers and baggage;
under a towing agreement, the owner of one ship undertakes to tow another ship or other floating object for a fee for a certain distance or for a certain time, or to perform a maneuver;
under a time charter agreement (chartering a ship for a while), the shipowner undertakes to provide the ship for a fee to the other party for certain period for the carriage of goods, passengers or other purposes.
Features of the contract for the carriage of goods
The contract for the carriage of goods is real, public, mutual and paid. Obligations to provide transport (from the carrier) and to transfer cargo (from the consignor) usually arise from an agreement on the organization of work to ensure the transportation of goods.
Parties to the contract: the carrier and the sender of goods. Carrier - commercial organization, endowed with the functions of a public carrier, obliged to carry out transportation at the request of anyone who applies to her. The sender is any subject of civil law.
The contract of carriage may contain a third party (consignee) who does not participate in the conclusion of the contract, but is endowed with certain rights (the right to require the carrier to release the goods) and obligations (the obligation to accept the goods and pay the carriage fee). The consignee can also be the consignor or his freight forwarder.
The essential condition of the contract is its subject: services for the delivery, storage, delivery, loading and unloading of goods, etc.
The form of the contract is a simple written one. The fact of the conclusion of the contract must be confirmed by the drafting and issuance of a consignment note (bill of lading or other document for the goods - Article 785 of the Civil Code) to the sender of the goods by the carrier. Registration of contractual relations in this case occurs according to one of three systems: the system of waybills, the system of metering (weighing) acts and the bill of lading system:
a) the waybill system is used to draw up contracts for the carriage of goods. The consignment note contains information about the cargo being transported, characteristics of the vehicle (type of wagon, its carrying capacity, degree of loading, etc.), characteristics of other conditions of transportation (speed of transportation, time for accepting cargo, etc.). The waybill, as well as the road list, follow with the load. Confirmation of the fact of the conclusion of the contract and the conditions of transportation is the receipt issued to the consignor. The receipt of acceptance of the goods is issued to the consignor against signature in the appropriate column of the back of the road sheet. The consignment note is issued to the consignee at the point of destination along with the cargo, and the road bill remains with the carrier after the delivery of the cargo. Waybills are used on all modes of transport, especially on the railway.
b) the system of metering (weighing) acts is used as an independent system for drawing up a contract of carriage only by road transport in cases where the cargo is not of a commodity nature (soil, snow, etc.). For such cargoes, warehouse accounting is not kept, and motor transport organizations are exempted from the obligation to hand over cargo to consignees;
c) the bill of lading system is used to draw up contracts for the carriage of goods by sea in the event that the cargo is not issued by waybills or the consignee is not provided with part of the vessel or the entire vessel. The bill of lading is a valuable document of title, and therefore has a strictly formal character. Failure to comply with the form of filling out the bill of lading deprives it of its validity security. The bill of lading can be nominal, warrant and bearer. One copy of the bill of lading is issued to the consignor, and the other follows with the cargo.
Freight charges are often tightly regulated by tariffs set by regulations. In a number of cases, the law establishes privileges or advantages in the carriage charge for the carriage of cargo, passengers and baggage. The costs incurred by transport organizations in connection with such benefits are reimbursed to them at the expense of the relevant budgets.
Terms of execution of the contract are divided into: terms of loading, terms of delivery and deadlines for the completion of the carriage of goods:
a) the terms of loading (unloading) are established by the transport charters (codes) and rules, or, if they are not established by the transport legislation, by the contract. In cases where the duties of loading (unloading) are assigned to the carrier, the time of loading (unloading) is included in the delivery time;
b) the term of delivery of the goods is also established by the transport legislation or the contract. If the delivery time is not set, then the carrier must deliver the goods within a reasonable time (Article 792 of the Civil Code);
c) the end of the transportation period is determined by the moment when the release of the goods is considered completed. In cases where the unloading of cargo is the responsibility of the consignee, the release of the cargo is completed by the delivery of the wagon to the appropriate track and the signature of the consignee in the acceptance of the cargo. Upon receipt of goods at ports, piers, ways common use the delivery of the cargo is completed by the transfer of the cargo to the representative of the recipient and its signature in the transport documents. In road transport, the release of cargo in containers is completed when it is transferred to the consignee in the warehouse. The determination of the moment from which the cargo is considered transferred to the carrier depends on whose means and forces the loading is carried out - the consignor or the carrier. Which of the parties fulfills this obligation, as well as the procedure for carrying out loading, are provided for by the contract, transport charters, codes and relevant rules.
Carrier's obligations
1. Provide a vehicle that is technically sound and commercially sound, i.e. suitable for the carriage of this cargo in these specific conditions.
2. Deliver the entrusted cargo safe and sound to the destination.
3. Deliver the cargo along the shortest route within the period determined by the rules of transportation, depending on the type of cargo and the distance of transportation.
4. In the event of obstacles to its further transportation during the transportation of the cargo, notify the cargo owner and deal with the cargo in accordance with his instructions.
5. Notify the recipient of the cargo that has arrived at his address.
6. Release the goods at the point of destination to the consignee indicated in the transport documents.
7. In the event of various types of incidents during transportation by sea, the carrier must make a sea protest in accordance with the rules established by the Merchant Shipping Code.
Carrier rights
Hold the cargo transferred for transportation to secure the due payments, if the carrier discovers that the carriage charge or part of it has not been paid in full, or other works and services for the carriage of cargo are unpaid.
Shipper's Responsibilities
1. Comply with the terms of loading (unloading) of goods into vehicles submitted by the carrier, if the obligation for loading (unloading) is assigned to the consignor (consignee).
2. Provide the goods in packaging and containers, ensuring its complete safety during transportation.
3. Provide a certificate of quality for perishable goods. Transport charters and codes establish special conditions for transportation certain types cargo (dangerous, bulk, in containers).
4. Pay the freight charge. The amount of the fee is determined in the contract, unless otherwise provided by law. When carrying out transportation by public transport, the payment for transportation is determined on the basis of tariffs. In the event that the carrier, at the request of the consignor, performs work not provided for by the tariffs, they are subject to additional payment by agreement of the parties.
Shipper's rights
1. Refuse submitted vehicles that are not suitable for the carriage of the corresponding cargo.
2. Replace previously agreed cargoes with others, if this does not require a change in the conditions of carriage.
3. To give, in relation to the cargo being transported, instructions obligatory for the carrier, which are allowed by transport charters and codes (change of the consignee, destination station, etc.).
Responsibilities of the consignee
1. Accept the cargo that has arrived at his address.
2. In the event of the arrival of an unordered cargo, accept it for safekeeping, find out the actual ownership of the cargo and dispose of it in accordance with the received instructions from its owner, attributing to it all the costs incurred in connection with the acceptance, storage and transportation of this cargo.
3. Check the condition of the cargo. In case of detection of non-safety of the cargo, draw up a commercial act.
4. Pay the missing carriage charges.
Rights of the consignee
Refuse the cargo that has arrived at his address if the quality of the cargo has changed so much as a result of its deterioration or damage that it excludes the possibility of its full or partial use. In maritime transport, this exemption does not apply.
Liability for violation of transportation obligations
Responsibility is established by the Civil Code, transport legislation, as well as by agreement of the parties, if the law allows it.
Agreements to limit or eliminate the carrier's statutory liability are invalid, except as provided for by transport charters and codes.
The grounds for liability are: non-delivery of transport or its non-use; unsafe cargo; delay in the delivery of goods; violation of other obligations under the contract for the carriage of goods.
1. Non-delivery of transport or its non-use.
The responsibility of the parties in this case arises in accordance with the transport legislation. By agreement of the parties, only additional liability can be established in comparison with that established by the transport legislation.
Yes, Art. 94 UZHT (Charter of Railway Transport) for failure to comply with an accepted application provides for liability in the form of a fine in the following amounts:
0.1 sizes minimum size wages for each unloaded ton of cargo;
double the minimum wage for each container with a gross weight of more than 10 tons.
For the failure of the carrier to provide refrigerated wagons, transporters in accordance with the accepted application or for the non-use by the consignor of the submitted refrigerated wagons, conveyors or for the refusal of the consignor of the refrigerated wagons, transporters allocated in the established manner, the carrier or the consignor shall be charged a fine in the amount of 0.2 times the minimum wage for each unloaded ton of cargo.
The shipper pays the carrier a fee for not presenting goods for transportation to the date specified in the application. railway station appointments in the following sizes:
a) in respect of goods transported in wagons and tons:
0.04 times the minimum wage for each unloaded ton of cargo;
b) in relation to goods, the carriage of which is established in containers:
0.2 times the minimum wage for each container with a gross weight of up to 5 tons inclusive;
0.4 times the minimum wage for each container with a gross weight of 5 to 10 tons inclusive;
one minimum wage for each container with a gross weight of more than 10 tons.
If the shipper warns the carrier about the non-use of wagons, containers at least two days before the day of loading the goods, the amount of the fine is reduced by one third.
The motor transport company or organization pays the consignor (consignee) a fine in the amount of 20% of the cost of transporting the unexported cargo for non-delivery of cargo, and the consignor (consignee) pays a similar fine for not presenting the cargo for transportation (Article 127 UAT (Charter of Road Transport)).
For the non-delivery of containers by the motor transport enterprise and for the non-use by the consignor of the submitted containers or for the refusal of them, the guilty party shall pay a fine in the amount of:
30 rubles for a container with a gross weight of 30 tons;
20 rubles for a container with a gross weight of 20 tons;
10 rubles for a container with a gross weight of 10 tons;
5 rubles per container with a gross weight of 5 tons;
3 rubles per container with a gross weight of 3 tons;
1 ruble 50 kopecks for a container with a gross weight of less than 3 tons (Article 127-1 UAT).
If a motor transport enterprise or organization fails to provide trucks and buses, the work of which is paid at a time-based rate, or if the delivery of these vehicles and buses is late, the motor transport enterprise or organization pays the consignor (consignee), as well as the enterprise or organization ordering buses 10 percent of the cost of using trucks and buses, based on the time of use specified in the contract or order (Article 130 UAT).
The same responsibility is borne by the consignor (consignee), as well as the enterprise or organization-customer in case of refusal in whole or in part from these buses (Article 130 of the UAT).
In inland water transport, the carrier for failure to deliver vehicles, and the consignor for failure to present cargo, as well as for non-use of submitted vehicles for other reasons, bear property liability in the form of a fine in the following amounts:
a) when carrying cargo on board:
0.1 times the minimum wage for each ton of cargo;
b) when transporting cargo in containers:
0.5 times the minimum wage for each container with a gross weight of up to 5 tons inclusive;
the minimum wage for each container with a gross weight of 5 to 10 tons inclusive;
two sizes of the minimum wage for each container with a gross weight of more than 10 tons (art. 115 KB BT).
Article 794 of the Civil Code establishes a list of circumstances that relieve the carrier and consignor from liability for failure to supply vehicles or for their failure to use. This is an irresistible force, as well as other natural phenomena (fires, drifts, floods) and military operations; termination or restriction of the carriage of goods in certain directions, established in the manner prescribed by the relevant transport charter and code.
2. Non-safety of the cargo.
The carrier is responsible for the unsafety of the cargo that occurred after it was accepted for transportation and before it was released to the consignee or a person authorized by him.
The amount of damages to be compensated for the loss of cargo is set equal to the value of the lost cargo, which is determined on the basis of the price indicated in the seller's invoice or stipulated by the contract, and in the absence of this information, on the basis of the price that, under comparable circumstances, is usually charged for similar goods.
In the event of damage (damage) to the cargo, the damage shall be compensated 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. If the cargo was handed over for transportation with a declared value, then - in the amount of the declared value. * (64) The cost of the cargo also includes the cost of reusable packaging.
The freight charge collected for the transportation of lost, missing, damaged or damaged cargo is returned to the consignor (consignee).
The carrier does not compensate for the lost profit.
Carrier (except for general rule) is responsible for the non-safety of the cargo only if there is fault. The proof of the absence of guilt for the improper performance of the obligation rests with the carrier (Article 796 of the Civil Code).
Documents on the reasons for the non-safety of the cargo, drawn up by the carrier unilaterally, are subject to evaluation by the court in case of a dispute, along with other documents certifying the circumstances that may serve as the basis for the liability of the carrier, sender or recipient of the cargo.
In some cases, the law establishes specific cases that automatically release the carrier from liability.
So, in accordance with Art. 95 UZhT the carrier is not responsible for the failure of the goods if it occurred due to circumstances that the carrier could not prevent or eliminate for reasons beyond his control, and, in particular, due to:
reasons depending on the consignor (sender) or consignee (recipient);
special natural properties transported cargo and cargo luggage;
deficiencies in tare or packaging that could not be noticed during an external examination of the cargo and cargo luggage when they were accepted for transportation, or the use of tare, packaging that does not correspond to the properties of the cargo, cargo luggage or accepted standards, in the absence of signs of damage to the container, packaging in transit;
delivery for transportation of cargo, cargo luggage, the humidity of which exceeds the established norm.
In addition, the carrier is released from liability for loss, shortage or damage (spoilage) of cargo accepted for transportation, cargo luggage (when shipped by wagon) if:
cargo, cargo luggage arrived in a serviceable wagon, container with serviceable locking and sealing devices installed by the consignor, or serviceable wagon, container without reloading along the route with serviceable security markings or serviceable linkage, as well as in the absence of signs indicating the unsafety of the cargo, cargo luggage;
shortage or damage (spoilage) of the cargo occurred as a result of natural causes associated with the carriage of goods in open railway rolling stock;
transportation of cargo, cargo luggage was carried out accompanied by a representative of the consignor (sender) or consignee (recipient);
shortage of cargo, cargo luggage does not exceed the rate of natural loss and the value of the maximum discrepancy in the results of determining the net weight of cargo, cargo luggage;
loss, shortage or damage (spoilage) of cargo, cargo luggage occurred as a result of the consequences caused by false, inaccurate or incomplete information specified by the consignor, sender in the railway bill of lading, application for dispatch of cargo luggage;
cargo luggage arrived in serviceable containers or packaging;
the transportation of food and perishable goods was carried out as the transportation of cargo luggage under the responsibility of the sender, if they were delivered on time (Article 118 of the UZHT).
According to Art. 166 KTM (Code of Merchant Shipping), the carrier is not liable for the loss or damage of the goods accepted for transportation, if he proves that the loss, damage occurred due to: force majeure; dangers or accidents at sea and in other navigable waters; any measures to save people or reasonable measures to save property at sea; fire that has arisen through no fault of the carrier; actions or orders of the relevant authorities (detention, arrest, quarantine, etc.); hostilities and popular unrest; actions or omissions of the sender or recipient; hidden defects of the cargo, its properties or natural loss; imperceptible in appearance flaws in the container and packaging of the cargo; insufficiency or ambiguity of marks; strikes or other circumstances that caused the suspension or restriction of work in whole or in part; other circumstances arising through no fault of the carrier, its employees or agents.
In addition to the above cases, Art. 168 KTM establishes that the carrier is not responsible for the loss or damage of cargo accepted for transportation, arrived at the port of destination in serviceable cargo spaces with serviceable seals of the sender, delivered in serviceable packaging without signs of opening along the way, and also transported accompanied by a representative of the sender or recipient unless the consignee proves that the loss or damage to the goods accepted for carriage was due to the fault of the carrier.
The lists provided are not exhaustive. If the carrier proves the absence of his fault on other grounds, he will also be released from liability for the failure to preserve the goods.
3. Delay in delivery of goods.
The carrier is responsible for violation of the terms of transportation of goods, which are established by transport legislation, and in the absence of such - within a reasonable time. Responsibility is established in the form of a penalty, calculated as a percentage of the freight charge, depending on the duration of the delay in the delivery of goods allowed by the carrier.
So, in accordance with Art. 116 KBT for non-compliance with the terms of delivery of cargo, the carrier shall pay a penalty in the amount of nine percent of the carriage charge for each day of delay, but not more than fifty percent of the carriage charge.
According to Art. In a similar case, the carrier pays penalties in the amount of nine percent for each day of delay (incomplete days are considered full days), but not more than in the amount of the fee for the transportation of these goods.
In air transport, the carrier pays a fine in the amount of 25% of the established federal law the minimum wage for each hour of delay, but not more than 50% of the carriage charge (art. 120 VC) (Air Code).
On road transport for a delay in the delivery of goods when intercity transportation motor transport enterprises and organizations pay consignees a fine in the amount of 15 percent of the freight charge for each day of delay. total amount late delivery penalty cannot exceed 90 percent of the carriage charge (Art. 137 UAT).
Such a penalty is exceptional, and damages in excess of it are not recoverable.
The carrier bears responsibility for the delay in the delivery of goods only if there is a fault that is assumed. The burden of proving his innocence lies with the carrier.
If the cargo does not arrive at its destination within the period specified by transport charters and codes, then it is considered lost and the carrier has an obligation to pay compensation to the cargo owner for the cargo. Upon the subsequent arrival of the cargo, the recipient is obliged to accept the cargo and return to the carrier the compensation received for the cargo.
For example, when transporting goods by road, the consignor and the consignee have the right to consider the cargo lost and demand compensation for the loss of the cargo, if this cargo was not issued to the consignee at his request:
for urban and suburban transportation within 10 days from the date of receipt of the cargo;
for using vehicles without the permission of their owner;
for damage to the carrier's vehicles;
for delay in loading and unloading cargo;
for exceeding the carrying capacity of vehicles;
for untimely export of cargo from the station (port) of destination;
other violations.
The transport organization engaged in the carriage of goods and the consignor, who delivers the goods for transportation and pays the freight charge, conclude a contract of carriage between themselves. In most cases, the consignor entrusts the cargo to the transport organization and indicates to it the third participant in the process - the consignee, to whom the cargo is issued at the destination.
The above definition gives grounds to conclude that by its nature the contract of carriage is reciprocal and reciprocal. It is paid because the carrier receives a certain remuneration for transportation. Since the carrier must transport the goods and is entitled to receive a freight charge, and the shipper has the right to carry the goods and is obliged to pay for the carriage, then the contract is mutual.
The concept, types and form of the contract of carriageIn fulfilling the obligations of transportation, the carrier must deliver the cargo or passenger to a specific destination, and the sender of the cargo or passenger must pay the carriage charge. Transportation is classified according to various criteria. Depending on the type of transport, transportation is:
According to the number of carriers are divided into: a) transportation in local traffic (transportation by one mode of transport and within the boundaries of one transport organization - railway, river shipping company); b) transportation in direct traffic - several carriers of the same type of transport carry out under one document; c) transportation in mixed direct traffic is carried out by several carriers different types transport (air and rail). In maritime transport, there are:
Air transport carries out: a) domestic air transportation - when the points of departure, destination and intermediate landings are located on the territory of Russia; b) international air transportation - when the points of departure and destination are located on the territory of two countries or on the territory of one country, but landing on the territory of another is provided. Road transportation is carried out in domestic and international traffic. Also, the types of contracts of carriage differ depending on what is being transported:
The contract must be concluded in writing in the form of a single document formalizing the carriage of goods. Such a document is most often a waybill, and in maritime transport - a bill of lading. The moment of conclusion of the contract is considered to be the moment when the goods with accompanying documents are handed over. The term of the contract is the time during which the goods must be delivered. It is considered to be observed if the cargo was unloaded or submitted for unloading before the expiration of the delivery time. Legal regulation of transportationIn legal terms, transportation is regulated mainly by: the Civil Code, the Air Code, the Code of Inland Water Transport, the Merchant Shipping Code (KTM RF), the transport charter of railways, as well as some by-laws. The contract of carriage is an agreement under which the carrier assumes the obligation to deliver the goods provided to him by the sender to the appointed point and issue it to the recipient, and the sender of the goods pays the agreed fee for the carriage of the goods. The subject of the contract is the loading, delivery, storage, unloading and delivery of cargo. The parties to the agreement are:
The contract for the carriage of goods provides for the collection of a carriage fee, which is established by agreement of the parties or determined by tariffs approved in the manner prescribed by transport codes and charters. The procedure for concluding a contract of carriageThe conclusion of such an agreement is confirmed by the drawing up and issuance of a consignment note (bill of lading) or other document for the cargo, which is provided for by the relevant transport code or charter. Transportation documents are documents necessary for the carriage of goods, drawn up in accordance with the established rules. In the case of air transportation, the relevant contract is certified by the consignment note. Its form is established by a specially authorized body in the field civil aviation. Transportation by road and rail is carried out on the basis of a bill of lading, which is issued for the entire route of the cargo. After acceptance of the cargo for transportation by sea, at the request of the sender, the carrier must issue him a bill of lading. The basis for the conclusion of the contract of carriage are the prerequisites of an organizational nature. These prerequisites include: shippers' orders; agreements on the organization of transportation (navigation, annual and others); administrative and planning acts provided by law. The main sections of the contract for the carriage of goodsThe contract of carriage must contain the following main sections: Subject of the contractHere are the terms of the contract, without which the document cannot be concluded. It is necessary to indicate the actions performed by the sender, carrier and recipient of the goods specified in the contract or annex to the contract. Procedure and conditions of transportationThe destination of the cargo, the place of transfer of the cargo to the carrier and the requirements for the transport used must be indicated. It is also necessary to indicate who and at whose expense is loading and unloading the cargo, and the procedure for issuing it to the recipient. Duties of the partiesThe obligations of the carrier to determine the number of vehicles, the timing of their submission for loading, as well as the timing of delivery of goods to the destination are indicated. The obligations of the sender for the preparation of cargo for transportation, its loading and unloading, the timing of acceptance of cargo at the destination and payment for transportation are given. Shipping charges and payment proceduresThis section contains information about the amount of the shipping fee, its timing and form of payment. Responsibility of the partiesThe responsibility of the parties established in this section of the contract is in addition to the responsibility established by the legislation of the Russian Federation, which includes transport charters and codes. force majeure circumstancesThe force majeure circumstances that may impede the execution of the concluded agreement (war and hostilities, uprisings, earthquakes, floods, epidemics, acts of authorities) are listed. The occurrence of such circumstances extends the term of the contract for the period necessary to eliminate this or that circumstance. Final provisionsThe final provisions of the agreement contain information on the timing of its entry into force, on ways to resolve disputes and disagreements, on amendments and additions. Also reported on the number of copies of the contract. Addresses and bank details of the partiesHere the legal and actual address of the parties to the contract are indicated. as well as full bank details for which payment is made. Sample contract of carriageDownload sample contract: How is the contract of carriage executed?The moment of execution of the contracts of carriage is the release of the transported cargo at the place indicated by the sender. However, the execution of such an agreement consists not only in the transfer of the goods itself, but also includes some preparatory actions that are necessary so that the recipient of the goods can accept the goods. Such actions include the announcement and notification of the arrival of the cargo. Thus, the unloading station must notify the consignee of the time of delivery of wagons with goods for unloading no later than two hours before their delivery. Notification is usually sent on the day of arrival of the goods, but no later than 12 noon the next day. If the carrier does not send notification, he will lose the right to receive payment for demurrage of wagons when unloading goods by the consignee, as well as the right to payment for storage of goods in the days overdue before sending notice or announcement of the arrival of the goods. Since notification of the arrival of goods is not the main work of the carrier, but only an additional operation, a fee is charged for each notification of the consignee of the arrival of goods. Features of different types of contract of carriageThe contract of carriage by rail is drawn up by waybill, which is the main transportation document. It accompanies the cargo along the entire route, and at the destination station, together with the cargo, it is issued to the consignee. The invoice has an important legal significance: 1) it is a mandatory written form of the contract; 2) proof of the fact of the conclusion of the contract and the embodiment of its content; 3) establishes the legitimacy of a person to bring suits and claims against transport company in case of improper performance of the contract of carriage. The air carriage agreement provides for the presence of a carrier - an operator that has a license to transport baggage, cargo, passengers or mail. Such an operator may be a natural or legal person who has the right of ownership (or other right) to the aircraft and uses it for flights. He must have a special certificate to fly. The contract for the carriage of goods by sea is concluded:
Summarizing all of the above, we can conclude that the contract for the carriage of goods is a document that regulates the rights, obligations, and responsibilities of the parties involved in the process of transportation of specific goods. |
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