Approximate form of the contract for the transportation of bulk cargo. Contract for the carriage of goods by road (sample)

DELIVERY CONTRACT No.

Moscow DATE.

OOO ________________ in the face Director General __________________, acting on the basis of the Charter, hereinafter referred to as the "Supplier", on the one hand and _______________________ represented by Director General _______________________ , acting on the basis of the Charter, hereinafter referred to as the "Buyer", on the other hand, have entered into this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Supplier undertakes to deliver, and the Buyer undertakes to accept and pay in the prescribed manner for the Goods (hereinafter referred to as the Goods) specified in clause 1.2. of this Agreement, on the terms of mutually beneficial cooperation.

1.2. The subject of delivery is: (GROUND STONE, SAND) that meets the requirements of GOST, hereinafter referred to as the "Goods".

1.3. The goods are delivered in batches. The right of ownership to the respective consignment of the Goods passes from the Supplier to the Buyer from the moment of shipment by the Supplier of the relevant consignment of the Goods.

2. QUANTITY AND DELIVERY TIME

2.1. The volumes of the Goods shipped by the Supplier are agreed upon by the parties additionally and are indicated in the Goods Shipment Schedule, which is an integral Annex to this Agreement.

2.2. In the Schedule of shipment of goods, the parties determine the volumes of shipment of goods for the entire period of the Agreement with the definition of monthly shipment of goods. 10 (ten) days prior to the beginning of the calendar month, the Buyer agrees with the Supplier on the preliminary volume of shipped goods for the next month, and every Friday the Buyer agrees on the exact volume of shipment for the next week.

2.3. In all cases of detection of loss or shortage of the Goods, the Buyer is obliged to immediately notify the Supplier by phone. The rate of natural compaction of the Goods during the transportation of a specific batch should not exceed a factor of 1.10 of the volume, in accordance with paragraph 5.11 of GOST 8267-93.

2.4. The goods are delivered within the terms agreed by the Supplier and the Buyer, in the manner provided for in paragraphs. 2.1. and 2.2.

3. ORDER OF DELIVERY

3.1. Export of the Goods is carried out by the transport of the Buyer.

SAMPLE

9. DISPUTES RESOLUTION

9.1. Disputes and disagreements that may arise during the execution of this Agreement will, if possible, be resolved through negotiations between the Parties.

9.2. If it is impossible to resolve disputes through negotiations, the Parties, after implementing the procedure for pre-trial settlement of disagreements provided for by law, submit them for consideration to the arbitration court according to jurisdiction. Solution arbitration court is final and binding on both Parties.

10. TERM OF THE CONTRACT

10.1. This Agreement shall enter into force upon signing by both Parties and shall be valid until December 31, 2009.

10.2. This Agreement may be extended by agreement of the Parties. The Agreement is considered extended for the next calendar year if one of the Parties declares its intention to extend it within 30 calendar days before the expiration of this Agreement. The extension of the Agreement is formalized by the Supplementary Agreement to the Agreement, which is its integral part.

11. FINAL PROVISIONS

11.1. Any changes and additions to this Agreement are valid only if they are made in writing and signed by duly authorized representatives of the Parties. For the purposes of this Agreement, the written form of the Party means both the drawing up of a single document and the exchange of letters, telegrams, messages using facsimile means that allow identifying the sender and the date of departure.

11.2. Any additions, protocols, annexes to this Agreement constitute its integral part.

11.3. In all that is not stipulated in this Agreement, the Parties are guided by the current legislation of the Russian Federation.

11.4. When changing the name, address, bank details or reorganization, the Parties inform each other in writing within 5 (five) days.

11.5. This Agreement is made in duplicate and have equal force. Each of the Parties has one copy of this Agreement.

12. ADDRESSES AND BANKING DETAILS OF THE PARTIES

"SUPPLIER" "BUYER"

"THE SUPPLIER" _______________ "BUYER" ________________

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 consignor, whose obligation is to pay for the services provided for the carriage of goods (clause 1 of article 785 part 2 Civil Code 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:

***

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.

g. ____________ "___"__________ ____ g. __________________________________, hereinafter referred to as __ "Customer", (name or full name) represented by ___________________________________________________, acting ___ on (position, full name) on the basis of _______________________________________________, with one parties, (Charter, regulation, power of attorney or passport) and ___________________________________, hereinafter referred to as __ "Carrier", (name or full name) represented by __________________________________________________________, acting __ on (position, full name) on the basis of ______________________________________________, on the other hand, (Charter, regulation, power of attorney or passport) have concluded this Agreement as follows: 1. SUBJECT OF THE AGREEMENT 1.1. The Carrier undertakes to deliver the bulk cargo entrusted to it by the Customer _____ (indicate the name and the necessary individual characteristics of bulk cargo) (hereinafter referred to as the Cargo) to ____________________________ and issue it to the person (recipient) authorized (indicate the destination) to receive the cargo, and the Customer undertakes to pay for the carriage of the cargo fee established by this Agreement.

1.2. Transportation of Goods is carried out on the basis of the Customer's applications submitted within the time period established by this Agreement, along the routes agreed by the Parties.

The application must indicate:

Description of the Cargo (name, quantity, packaging, dimensions, if necessary, hazard class);

Quantity of Cargo;

Date of download;

Consignor, consignee, their addresses and contact numbers;

Loading place;

Delivery time of the cargo.

2. OBLIGATIONS OF THE PARTIES

2.1. The carrier is obliged:

2.1.1. Agree with the Customer on the schedule for the delivery of transport to the points of loading, indicating the volume of cargo transportation.

2.1.2. Determine the number of vehicles and their types for the carriage of goods, depending on the volume of traffic.

2.1.3. To provide the necessary and technically equipped vehicles for the transportation of bulk cargo stipulated by the Agreement.

2.1.4. Provide necessary personnel for loading and unloading cargo.

2.1.5. Ensure the safety of the goods transported in transit.

2.1.6. Deliver the Cargo on time.

2.1.7. Advise the Customer on all necessary issues.

2.2. The customer is obliged:

2.2.1. Submit applications to the Carrier for the transportation of bulk Cargo within the time limit of _______________.

2.2.2. Ensure advance preparation of the Cargo presented for transportation.

2.2.3. Ensure the acceptance of transported bulk Cargoes by the recipient.

2.2.4. Prepare the necessary shipping documents.

2.2.5. Timely pay for the transportation.

2.2.6. Provide the driver with a consignment note for the Cargo entrusted for transportation in the prescribed form.

2.2.7. Record in the bill of lading the actual time of arrival and departure of transport.

2.2.8. Provide sufficient and reliable information about the cargo, its properties (including physico-chemical, structural and other characteristics that affect the safe condition of the cargo, requirements for compliance with temperature regime), as well as the features of transportation, storage and cargo operations.

3. COST OF TRANSPORTATION AND PROCEDURE OF PAYMENTS

3.1. The Cargo Carriage Fee is: _______________.

3.2. The amount of payment for loading and unloading services is _______________.

3.3. Carriage of the Cargo is paid in the following order: _________________________.

4. RESPONSIBILITIES OF THE PARTIES

4.1. Each of the Parties to this Agreement, which has not fulfilled its obligations under the Agreement or has performed them improperly, shall be liable if there is fault. The absence of guilt for non-fulfillment or improper fulfillment of obligations under the Agreement shall be proved by the Party that violated obligations.

4.2. The Carrier is responsible for the safety of the Cargo from the moment of receipt and until its release to the Customer, 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.

4.3. If the Customer violates the terms of payment established by this Agreement, the Carrier has the right to suspend the provision of services by notifying the Customer of this at least _______________, and also has the right to demand payment of a penalty in the amount of _____% of the amount of the debt for each day of delay.

4.4. For the delay (downtime) of transport submitted for loading or unloading in excess of the norms, the Customer shall pay the Carrier for each full hour of delay (downtime) an additional fee in the amount agreed by the Parties in additional agreement to this Agreement.

4.5. For failure to present for transportation the goods specified in the Customer's application, the Carrier has the right to require the Customer to pay a fine in the amount of _____% of the cost of services established for the carriage of goods. The Carrier has the right to demand compensation from the Customer for the losses caused to him in the manner prescribed by the legislation of the Russian Federation.

4.6. For failure to submit vehicle for the carriage of goods through the fault of the Carrier in accordance with the agreed application and the schedule for the delivery of transport, the Customer has the right to require the Carrier to pay a fine in the amount of _____% of the cost of transportation.

4.7. The Parties are released from liability for failure to fulfill obligations under this Agreement if this was the result of force majeure circumstances (force majeure).

5. DISPUTES RESOLUTION

5.1. Before filing a claim against the Carrier arising from this Agreement, it is mandatory to file a claim. All claims must be accompanied by Required documents, confirming the damage and its size. The party that received the claim is obliged to consider it and respond on the merits of the claim in writing no later than one month from the date of receipt of the claim. The claim is made in writing. A claim for loss, shortage or damage (spoilage) of cargo must be accompanied by documents confirming the right to file a claim, and documents confirming the quantity and value of the shipped cargo, in the original or copies certified in the prescribed manner, a commercial act, acts of cargo inspection emergency commissioner (expert).

5.2 Claims for loss, shortage or damage to cargo, sent in violation of the term and form established by law, are not considered by the Carrier.

5.3. In case of non-settlement of disputes and disagreements in the claim procedure, the dispute is subject to resolution in court.

6. FINAL PROVISIONS

6.1. This Agreement comes into force from the moment of its signing by the Parties and is valid until "___" __________ ____.

6.2. Changes and additions to this Agreement must be made in writing and signed by both Parties.

6.3. In all other respects that are not regulated by this Agreement, the Parties are guided by the current legislation of the Russian Federation.

6.4. This Agreement is made in two copies having equal legal force, one copy for each of the Parties.

7. ADDRESSES AND DETAILS OF THE PARTIES

Carrier: __________________________________________________________

________________________________________________________________

________________________________________________________________

Customer: ________________________________________________________

________________________________________________________________

________________________________________________________________

Customer: Carrier: _____________/_____________ _____________/_____________

for the carriage of goods by road (without the carrier forwarding services) 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 vehicles 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 order before the hours of the day preceding the day of its execution, the Carrier returns the paid cash deducting % 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, material liability for the safety of the cargo during its transportation is the responsibility of 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 _________________