Contract for the carriage of goods by road on the territory of the Russian Federation.

Contract for the carriage of goods by car: general provisions

The service for the delivery of goods by road should be carried out, including taking into account the requirements of the Charter of motor transport and urban ground electric transport No. 259-FZ of November 8, 2007 (hereinafter referred to as the Charter) and the Rules for the carriage of goods by road, approved by Decree of the Government of the Russian Federation No. 272 of April 15, 2011 ( hereinafter referred to as the Rules).

The parties to the agreement are:

a carrier who undertakes to transport the cargo entrusted to him to the specified destination and hand it over to the recipient (for details on this side of the contract of carriage, see the article Carrier's obligations under the contract for the carriage of goods);
the shipper, whose obligation is to pay for the services provided for the carriage of goods (clause 1, article 785, part 2 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation).

The contract is real, because its conclusion occurs through the acceptance by the carrier of an order for execution (or an application from the sender of the goods if there is an agreement on the organization of cargo transportation) (clause 5, article 8 of the Charter).

The contract for the carriage of goods is drawn up in a simple written form, the conclusion is certified by the consignment note drawn up by the sender (clause 1, article 8 of the Charter, paragraph 2, clause 6 of the Rules).

This agreement is of a compensatory nature (clause 1, article 785 of the Civil Code of the Russian Federation, clause 8 of the Rules).

Transportation of goods by vehicles common use is recognized as a public contract (Article 426 of the Civil Code of the Russian Federation), i.e. an organization or individual entrepreneur carrying out such cargo transportation is obliged to provide this service when any citizen or legal entity applies.

Contract for the carriage of goods by road: essential conditions

Based general provisions civil legislation and established judicial practice, the following can be attributed to the essential terms of the contract for the carriage of goods by road:

The subject of the contract (Article 432 of the law of the Civil Code of the Russian Federation) is transport services duly rendered by the carrier and paid for by the sender in accordance with the agreement. It is necessary to distinguish between the subject (transportation services) and the object of the contract (cargo). The contract may be considered by the court as not concluded if the quantitative or qualitative characteristics of the cargo are not indicated, see the decision of the AS PO dated 10/14/2014 in case No. A06-4158 / 2013.
The terms for the provision of transport (Article 9 of the Charter) and the presentation of goods (clause 4 of Article 10 of the Charter) for transportation. If the term of delivery of the goods is not indicated, the recipient must be guided by clause 63 of the Rules.
The freight charge though arbitrage practice is ambiguous. It is possible to recognize the contract without specifying the cost of the freight charge as concluded (decision of the 13th AC in case No. Kemerovo region dated 04.12.2009 in case No. А27-16638/2009).
Point of departure and point of destination (Decree of the FAS VVO dated April 22, 2009 in case No. A11-4929 / 2008-K2-22 / 259). On this issue, the judges also do not have an unequivocal opinion, for example, the decision of the 17th AAC on October 22, 2007 in case No. 17AP-7047 / 2007-GK dated contains conclusions on classifying only an indication of the destination as essential conditions.

Other terms of the contract for the carriage of goods by road

Registration of a consignment note - the actual conclusion of a contract for the delivery of goods is confirmed by the issuance of a consignment note by the sender (paragraph 2, clause 6 of the Rules). Wrong design or the loss of this document is not grounds for recognizing the contract as invalid or not concluded. The existence of a contractual relationship can be confirmed by other evidence (clause 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 26, 2018 No. 26).
Conditions on the responsibility of the parties - this clause is not always included in the text of the agreement on the carriage of goods by road, since this issue is regulated in detail civil law and the relevant Rules and Bylaws. Any agreements between the parties to the contract of carriage, the purpose of which is to limit or eliminate liability established by law, will be recognized as invalid, except as provided by law (Article 37 of the Charter).
The procedure and terms of settlements - in practice, there are cases of recognition of this block as one of the essential conditions of the contract. It is recommended to include it in the text of the agreement, because otherwise the agreement may be recognized as not concluded on the basis of paragraph 1 of Art. 432 of the Civil Code of the Russian Federation. The provisions regulating the calculation procedure are not contained either in the Charter or in the Rules for the carriage of goods by road.

An example will help to correctly draw up a contract for the carriage of goods by road, which can be downloaded from the link:

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Thus, the contract for the carriage of goods by road must include a mandatory condition on the subject of the contract - a specific transport service, as well as the obligation of the second party to pay.

The issue of including such conditions as the period for providing transport and presenting goods for shipment, indicating the amount of the freight charge and the names of the points of departure and destination is considered open due to the ambiguity of practice on this issue. At the same time, it is recommended to prescribe in the contract all the conditions under which disagreements may arise in the future, even if their materiality is not directly indicated in the legislation.

Also, an important role in fixing the fact of the execution of the contract and its conditions is played by the preparation of a consignment note.

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 “ Sender”, on the other hand, hereinafter referred to as “ Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this agreement, the Carrier undertakes to deliver the cargo entrusted to it by the Sender in the amount of , hereinafter referred to as the “Cargo”, to the following destination: , to release the cargo to the Recipient, and the Sender undertakes to pay the fee established by this agreement for the carriage of the cargo.

1.2. The conclusion of this agreement is confirmed by the drawing up and issuance by the Carrier to the Sender of a waybill (another document for the cargo).

1.3. The shipping fee is Rs.

1.4. Cargo transportation is paid in the following terms and in the following order: .

1.5. The carrier is obliged to deliver the goods to the destination within the time period specified by the transport charters and codes, or within a reasonable time.

1.6. Works and services performed by the Carrier at the request of the Sender and not provided for in this contract shall be paid by the Sender at additional agreement sides.

1.7. The carrier has the right to retain the cargo transferred to him for transportation in security of the carriage due to him and other payments for the carriage.

2. SUPPLY OF VEHICLES. LOADING AND UNLOADING OF CARGO

2.1. The Carrier is obliged to provide the Shipper of the cargo for loading with serviceable vehicles in a condition suitable for the carriage of cargo within the following period: .

2.2. The sender has the right to refuse submitted Vehicle unsuitable for the carriage of goods.

2.3. Loading (unloading) of cargo is carried out by the Sender (Recipient) within the following terms and in the following order: as well as in compliance with the provisions established by transport charters, codes and rules.

3. RESPONSIBILITY OF THE PARTIES FOR BREACH OF CARRIAGE OBLIGATIONS

3.1. In case of non-fulfillment or improper fulfillment of transportation obligations, the Parties shall bear liability established by the Civil Code of the Russian Federation, other legal acts, as well as the following liability established by agreement of the Parties: .

3.2. Agreements of the Parties on the limitation or elimination of the Carrier's statutory liability are invalid, except in cases where the possibility of such agreements in the course of cargo transportation is provided for by transport charters and codes.

3.3. The carrier for failure to provide vehicles for the carriage of goods within the period specified in clause 2.1. of this agreement, and the Sender shall bear the liability established by legal acts, as well as the following liability stipulated by the agreement of the parties for the failure to present the cargo or non-use of the submitted vehicles: .

3.4. The Carrier and the Sender are released from liability in case of non-delivery of vehicles or non-use of submitted vehicles, if this happened due to:

force majeure, as well as due to 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;
in other cases provided for.

4. CARRIER'S LIABILITY FOR LOSS, SHORTAGE AND DAMAGE TO CARGO

4.1. The Carrier is responsible for the safety of the cargo that occurred after it was accepted for transportation and before it was released to the Recipient, unless he proves that the loss, shortage or damage to the cargo occurred due to circumstances that the Carrier could not prevent and the elimination of which did not depend on him.

4.2. Damage caused during the carriage of goods shall be compensated by the Carrier in the following amount:

in case of loss or shortage of cargo - in the amount of the value of the lost or missing cargo;
in case of 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 handed over for transportation with the declaration of its value - in the amount of the declared value of the cargo.

The value of the goods is determined on the basis of its price indicated in the Seller's invoice, and in the absence of an invoice - on the basis of the price that, under comparable circumstances, is usually charged for similar goods.

4.3. The Carrier, along with compensation for the established damage caused by the loss, shortage or damage to the cargo, returns to the Sender the freight charge collected for the carriage of the lost, missing, spoiled or damaged cargo, since, according to this contract, this payment is not included in the cost of the cargo.

4.4. Documents on the reasons for the non-safety of the cargo (commercial act, act general form etc.), 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, the Consignor or the Recipient of the cargo.

5. FINAL PROVISIONS

5.1. Prior to filing a claim against the Carrier arising from the carriage of goods, the Sender (Recipient) is obliged to present a claim to him in the manner prescribed.

5.2. In everything else not regulated by this agreement, the provisions of the Civil Code of the Russian Federation will apply.

The contract itself transport services is below. You can also read an interesting article that will help the carrier protect itself from unscrupulous customers:

CONTRACT

for the provision of motor transport services No.

Saint Petersburg« » ___________ 2014

LLC "__________________" represented by Director General _______________________________________, acting on the basis of the Charter, hereinafter referred to as the "Customer", on the one hand, and LLC "__________________" represented by the General Director _______________________________________, acting on the basis of the Charter, hereinafter referred to as the "Contractor", on the other hand, each individually or together referred to respectively as the "Party" and/or "Parties", have entered into this Agreement as follows:

1. The Subject of the Agreement

1.1. In accordance with this agreement, the Contractor undertakes to provide the following services related to the transportation of the Customer's goods, on the terms specified in this Agreement and its annexes:

Organize urban transportation of the Customer's goods by road along the routes indicated by the Customer;
Provide other services related to the transportation of the Customer's cargo in accordance with this Agreement and the current legislation of the Russian Federation.

1.2. The Contractor provides services on the terms - "from the door to the warehouse of the Consignee" - delivery of cargo from the place of loading of the rolling stock to the warehouse of the Consignee specified by the Customer.

1.3. The Contractor provides services on the basis of and in accordance with the Customer's Application, which is drawn up in any form agreed by the parties.

1.4. The Contractor organizes the urban transportation of the Customer's goods in accordance with this Agreement, and in cases not provided for by this Agreement, the parties are guided by the Civil Code of the Russian Federation.

2. Obligations of the parties

2.1. Executor's Responsibilities:

2.1.1. Accept Applications for the transportation of the Customer's goods no later than 8 hours before the declared time for the delivery of the rolling stock for loading.

2.1.2. Accept the Customer's Application by filling in the appropriate columns and affixing the signature of the authorized person of the Contractor, and no later than 4 hours after receiving it, send the accepted Application to the Customer by mail or facsimile. The Contractor has the right to refuse (the refusal must be motivated) from the execution of the Application, which is reported to the Customer within 1 (one) hour from the receipt of the Application by mail or facsimile.

2.1.3. Ensure timely delivery of rolling stock that is serviceable and suitable for transportation.

2.1.4. Ensure the acceptance of cargo for transportation according to properly executed shipping documents. The contractor carries out the acceptance of the cargo at the warehouse of the consignor (only if the warehouse packaging is preserved).

2.1.5. Ensure timely delivery of goods to destinations.

2.1.6. The obligations assumed by the Contractor are obliged to fulfill in strict accordance with the instructions of the Customer.

2.1.7. Upon execution of the Application, the Contractor shall draw up an Acceptance Certificate for the services rendered, which shall be sent to the Customer. The customer must within 2 (two) banking days, from the moment of its receipt, sign the received Act or send a reasoned refusal to the Contractor.

2.1.8. If there is a possibility (threat) of unauthorized access to the cargo by unauthorized persons, the Contractor takes the necessary measures to ensure the safety of the cargo. In case of damage or loss of cargo, the Contractor must involve the relevant competent authorities to documentation circumstances of the incident and immediately notify the Customer of the incident.

2.2. Customer Responsibilities:

2.2.1. Submit requests for transportation in a timely manner. The application is made in writing and sent to the Contractor's address by facsimile, or reported orally by phone, no later than 17 (Seventeen hours) prior to the transportation of the Customer's cargo.

2.2.2. Prior to the arrival of the rolling stock for loading (unloading), prepare the cargo for transportation (pack and pack properly, group by consignees and unloading points), prepare passes for the right of way to the place of loading (unloading), as well as provide the Contractor or his representatives (drivers of the rolling stock) with correctly executed and completely completed shipping documents (waybill, waybill, certificates, etc.), indicate reliable information about the cargo in the shipping documents, in accordance with the rules for the carriage of goods. The bill of lading, drawn up in two copies, is the main transportation document, according to which this cargo is written off by the consignor and capitalized by the consignee.

2.2.3. Provide the Contractor or his representatives (drivers of the rolling stock) with correctly executed and completely completed shipping documents, indicate reliable information about the cargo in the shipping documents, in accordance with the rules for the carriage of goods.

2.2.4. Carry out loading (unloading) of the rolling stock on their own (or require it from the consignees) in compliance with safety regulations and conditions that ensure the safety of the cargo and the rolling stock, as well as securing the cargo, while not allowing the downtime of the rolling stock beyond established norms time.

2.2.5. Provide access roads to loading (unloading) points, as well as loading and unloading areas in good condition providing free and safe movement and maneuvering of rolling stock at any time of the day, in accordance with applicable requirements and standards.

2.2.6. Ensure that the rolling stock is loaded within the norms for the total mass and other established norms for loaded vehicles in the Russian Federation. Before loading, check the suitability of the rolling stock for the transportation of this type of cargo.

2.2.7. Immediately inform the Contractor orally and in writing about changes in the schedule, volumes, nomenclature of transportation or points of loading (unloading). In case of redirection of the cargo or refusal of the consignee to accept, immediately give the Contractor written instructions on further actions.

2.2.8. On time and in in full pay the cost of the Contractor's services in the manner and on the terms provided for in this Agreement and its annexes.

3. Payment procedure

3.1. For the fulfillment of obligations under this Agreement, the Customer pays the Contractor the agreed costtransport services , the amount of which is determined based on the Contractor's tariffs specified in Appendix No. 1 to this agreement.

3.2. The cost of transport services is indicated in the directions Customer invoices. Settlements between the Parties are made in non-cash form (by transfer to the Contractor's bank account).

3.3. If there are contractual rates for the relevant works (services) denominated in foreign currency, the Customer pays the cost of actually rendered services on the account of the Contractor in Russian rubles at the exchange rate of the Central Bank of the Russian Federation on the date of payment of the invoice.

3.4. If the Customer has arrears in paying the invoices issued by the Contractor, the Contractor may refuse to provide him with services under this Agreement until the Customer fully fulfills its obligations.

3.5. The Customer pays the Contractor's invoices to his current account within 5 banking days from the date of receipt of the invoice.

4. Liability of the parties

4.1. The Contractor is fully responsible for the loss, damage or theft of goods.

4.2. The Contractor assumes responsibility for the safety of the cargo from the moment it is received at the consignor's warehouse until it arrives at the Consignee's warehouse specified by the Customer. In case of loss, shortage or damage to the cargo, the Contractor is obliged to reimburse the Customer for the cost of the lost or damaged cargo (or part thereof), according to the cost indicated in the shipping documents. As proof of the damage caused to the Cargo, the Customer is obliged to provide documentary evidence of the shortage or damage to the cargo, namely: acts of measurement, weighing, recalculation of the Cargo with the participation of the Contractor's representatives, conclusions of an independent examination on the causes of damage/shortage of the Cargo, certificate of integrity/damage of the seal on the vehicle, other documents, from which the fact of damage / shortage of the Cargo and the responsibility for such damage of the Contractor clearly follows. The Contractor is obliged to reimburse the cost of the lost or damaged cargo within 15 (fifteen) business days from the date the Customer provides documentary evidence of the loss or damage to the cargo.

4.3. In case of non-delivery or untimely submission by the Contractor of the rolling stock for loading (over 6 hours) or its submission in a condition unsuitable for the carriage of this cargo, as well as for a delay in the delivery of cargo, the Contractor pays the Customer a penalty in the amount of 5% of the amount due to payment for this application.

4.4. For non-payment or late payment of services rendered under this agreement, the Customer is obliged to reimburse a penalty in the amount of 0.5% of the unpaid or late paid amount, for each day of delay.

5. Force majeure

5.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement, if this failure was the result of force majeure circumstances (force majeure) and arising after the filing of the relevant Application as a result of extraordinary events that the parties could neither foresee nor prevent by reasonable measures. Under no circumstances shall the Customer be released from paying for the services actually rendered by the Contractor.

6. Dispute Resolution

6.1. The Parties will strive to resolve all disputes and disagreements that may arise from this Agreement through negotiations and consultations.

Often or not, but all entrepreneurs are faced with the need to transport goods, and, often, vehicles are the most acceptable in terms of time and cost. It’s good if you have been cooperating with a large forwarding company for a long time, with a well-established work scheme, cargo cost calculators and deadline tables on the site. If you prefer to negotiate with a private trader, then you should take care of the correct preparation of the documentation, including the contract for the carriage by road.

The contract of carriage regulates the relations that have arisen with the need to transport goods by the carrier on the terms of the sender to a third party. This agreement is different from other bilateral agreements the presence of a third party - the consignee which has nothing to do with the signing of this document.

Keep in mind that you can send the goods, both as an individual and as a legal entity (or entrepreneur), carrier can only be individual entrepreneur or commercial organization , because this requires a license for the right to transport goods.

The specificity of the carrier's services lies in the fact that he assumes not only responsibility for the carriage of goods, but also for its safety, delivery to the consignee, unloading and loading, do not forget to note these obligations of the carrier in the contract.

However main purpose of the contract of carriage- transportation and delivery of cargo to destination. These relationships are governed by the following laws:

Civil Code of the Russian Federation Chapter 40. Transportation Art. 784 - art. 800.
Civil Code of the Russian Federation Chapter 41. Transport expedition st801 - art. 806.
Federal Law of June 30, 2003 N 87-FZ "On Forwarding Activities"

An important point of the contract of carriage is the period of carriage. The term refers to the time spent on the delivery and unloading of the goods to the recipient. The term of the contract is determined on the basis of reasonable terms in accordance with Art. 792 of the Civil Code of the Russian Federation, you can familiarize yourself with them in various transport codes and charters. The carrier must undertake transport cargo over the shortest distance (optimal route) in the shortest possible time.

The prerequisite for concluding a contract of carriage is application, which should be formatted as Appendix to the contract.

Transportation of any cargo is processed consignment note (TTN). It contains all the necessary information about the cargo, consignor, consignee, driver and other accompanying information.

The entrepreneur must know that the carrier is obliged to select the transport in accordance with the weight, dimensions and other characteristics of the goods, of course, in the proper technical condition. The vehicle must be clean, free of debris, disinfected if necessary. Otherwise, the customer has the right to refuse transportation and demand payment of a penalty and failure to meet delivery deadlines.

In turn, the customer assumes all the risks associated with unforeseen downtime of the carrier that arose through his fault, and is obliged to provide normal living conditions. Compliance regulatory deadlines loading and unloading operations also lies with the customer, not the consignee, so this issue is best discussed in advance between the parties concerned. The contract should specify who is responsible for secure cargo securing, to avoid misunderstanding. In any case, downtime due to the fault of the customer must be paid at the rates.

Exist general rule: transfer of either side of the loading time less than 24 hours before the agreed period entails the penalties provided for in the contract, whether it be a repayment of the tariff or a percentage of the contract amount.

Payment for services for the carriage of goods is carried out, as a rule, upon the provision by the carrier of the following documents:

original bill of lading with the consignee's mark on the acceptance of the goods;
original invoice;
certificate of completion;
receipt for arising additional expenses carrier, agreed in writing by the parties;
other documents stipulated by the contract.

Contract of carriage- one of the most difficult, because it is impossible to foresee all the circumstances along the way, so both parties should be prepared for a negotiated resolution contentious issues, and the customer to provide the carrier with telephone communications for official use in order to promptly resolve the problems that have arisen.

The contract of carriage is one of the contracts regulating relations on the territorial movement of objects or people using vehicles.

Transport forms an independent sphere economic activity. The role of transport is to provide specific services aimed at moving goods or people in space. Being regulated by the rules of law, these relations take the form of obligations under the law.

Types of standard samples of the contract of carriage

All examples of contracts of carriage are divided into contracts for the carriage of goods (mail), carriage of a passenger and his luggage , as well as charter agreements . Let's take a closer look at each example.

By standard contract transportation of cargo (mail), the carrier undertakes to deliver the cargo transferred to him by the sender to the destination and issue it to the authorized person (recipient), and the sender undertakes to pay the established fee. The conclusion of a contract for the carriage of goods is confirmed by the preparation and issuance of a consignment note (bill of lading or other document for the goods provided for by the relevant transport charter or code) to the sender of the goods (Article 785 of the Civil Code of the Russian Federation).

Under a standard contract for the carriage of a passenger and his baggage, the carrier undertakes to transport the passenger to the point of destination, and in the event that the passenger checks in the baggage, also deliver the baggage and hand it over to the person authorized to receive the baggage. The passenger undertakes to pay the established fare and for the carriage of baggage, if any. The conclusion of a contract of carriage is certified by a ticket, and the delivery of baggage by a passenger by a baggage receipt (Article 786 of the Civil Code of the Russian Federation).

Under a charter agreement (charter), the charterer undertakes to provide the charterer for a fee with all or part of the capacity of one or more vehicles for one or more flights for the carriage of goods, passengers and baggage (Article 787 of the Civil Code of the Russian Federation).

Contract of carriage: regulation

General conditions, the procedure for concluding and the form of contracts of carriage are determined Civil Code of the Russian Federation, transport charters and codes, other laws and rules issued in accordance with them and other regulatory legal acts.

Each of the above types of contract of carriage can be subdivided into subspecies, depending on the type of transport carrying out transportation.

On this basis, contracts are divided:

Rail transportation (regulated federal law dated January 10, 2003 N 18-FZ "Charter railway transport Russian Federation". As well as numerous transportation rules. For example, the rules for the provision of services for the carriage of passengers by rail, as well as cargo, luggage and cargo luggage for personal, family, household and other needs not related to the implementation entrepreneurial activity, approved Decree of the Government of the Russian Federation of March 2, 2005 N 111 and the rules for the provision of services for the use of public railway transport infrastructure, approved. Decree of the Government of the Russian Federation of November 20, 2003 N 703.
Road transportation (regulated by the Federal Law of November 8, 2007 N 259-FZ "Charter of road transport and urban ground electric transport", the rules for the carriage of passengers and luggage by road and urban ground electric transport, approved by the Decree of the Government of the Russian Federation of February 14, 2009 No. 112, as well as other rules for the carriage of goods.
River transportation (regulated by the Code of Inland Water Transport of the Russian Federation dated March 7, 2001 N 24-FZ).
Sea transportation (regulated by the Merchant Shipping Code of the Russian Federation dated April 30, 1999 N 81-FZ).
Air transportation (regulated by the Air Code of the Russian Federation dated March 19, 1997 N 60-FZ).
Mixed transportation.

There is a division of contracts of carriage on the following grounds:

by duration - one-time and long-term;
on a territorial basis - domestic and international;
according to the number of transport companies involved in the transportation - local, direct and direct multimodal transportation.

If the carrier undertakes to carry out the transportation of goods, passengers and baggage at the request of any citizen or legal entity, this transportation recognized transportation by public transport(Article 789 of the Civil Code of the Russian Federation). In this case, the fee is charged on the basis of tariffs approved in the manner prescribed by transport charters and codes.

Characteristics of the samples of the contract of carriage

The contract of carriage is bilateral, compensated contract, since both parties have rights and obligations, and the carrier receives the carriage charge.

The contract of carriage can be both real and concessional contract. In most cases, it is a real contract, that is, it is considered concluded from the moment the carrier accepts the goods from the sender.

A concessional contract of carriage is at the conclusion of a charter contract (most often a sea or air charter) and is considered concluded from the moment an agreement is reached on the essential terms of the contract: the name of the vessel, whether all or part of the vessel is chartered, the amount of cargo, the place of loading and unloading, the size freight, ship's destination, ship's route, etc.

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