The form of the document “Contract for the carriage of goods” refers to the heading “Contract for the carriage, transport expedition”. Save a link to the document in social networks or download it to your computer.
CONTRACT
cargo transportation
__________________ "____"_____________________
____________________________________________________________________________,
(name of company)
hereinafter referred to as the "Carrier", represented by ________________________________________________________________________________,
and __________________________________________________________________________,
(name of company)
hereinafter referred to as the "Sender", represented by ____________________________________,
(surname, initials, position)
acting on the basis ____________________________________________________,
(charter, regulations, powers of attorney)
have entered into this Agreement as follows:
1. THE SUBJECT OF THE AGREEMENT. CARRIAGE FEE
1.1. Under this agreement, the Carrier undertakes to deliver the cargo entrusted to him by the Sender __________________________________________________________
(cargo transfer)
in the amount of ____________________, hereinafter referred to as the cargo, to the following destination: _________________________, to issue 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 _______________________________________________.
(in words)
1.4. Shipping is paid on the following dates and next order: _______________________________________.
2. OBLIGATIONS OF THE PARTIES
2.1. The sender must:
2.1.1. Transfer the above cargo to the Recipient within the time agreed by both parties.
2.1.2. Pay for the carriage of goods, for works and services performed by the Carrier at the request of the Sender, within the terms agreed in this agreement.
2.1.3. Pay by additional agreement parties, services not provided for by this agreement, performed by the Carrier at the request of the Sender.
2.1.4. Submit an application to the Carrier for the carriage of goods in the prescribed form on time _____________________________________.
2.1.5. Issue to the Carrier a bill of lading (another document for the cargo).
2.2. The sender has the right:
2.2.1. Refuse submitted Vehicle unsuitable for the carriage of goods.
2.3. The carrier is obliged:
2.3.1. Deliver the cargo to the destination within the period specified by the transport charters and codes, or within a reasonable time.
2.3.2. Submit to the Sender of the cargo for loading serviceable vehicles in a condition suitable for the carriage of cargo, within the following period: __________________________.
2.3.3. In case of non-collection of cargo, issue an act drawn up by the Carrier in unilaterally, the circumstances under which the Cargo was lost and the amount of unsaved Cargo.
2.4. The carrier has the right:
2.4.1. Hold the cargo transferred to him for transportation in order to secure the carriage due to him and other payments for transportation.
3. SUPPLY OF VEHICLES.
LOADING AND UNLOADING OF CARGO
3.1. 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.
4. RESPONSIBILITY OF THE PARTIES FOR VIOLATIONS
CARRIAGE OBLIGATIONS
4.1. 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: __________________________________________.
4.2. The carrier for failure to provide vehicles for the carriage of goods within the time period stipulated
sub. 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 failure to present the cargo or non-use of the submitted vehicles: ___________________________________________.
4.3. 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 by law.
5. LIABILITY OF THE CARRIER FOR LOSS,
SHORT AND DAMAGED CARGO
5.1. The Carrier shall be liable for the non-safety of the cargo that occurred after it was accepted for carriage and before its release to the Recipient, unless it 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.
5.2. Damage caused during the carriage of goods shall be compensated by the Carrier:
in case of loss or shortage of cargo - in the amount of the cost of the lost or missing cargo;
in case of damage 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 cargo 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).
5.3. The Carrier returns to the Sender the freight charge collected for the transportation of lost, missing, damaged or damaged cargo, since, according to this contract, this fee is not included in the cost of the cargo.
6. FINAL PROVISIONS
6.1. 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 by law.
6.2. In everything else not regulated by this Agreement, the provisions of the Civil Code of the Russian Federation, other legislation on transportation by this type of transport will apply.
6.3. The Agreement comes into force from the moment of its signing, drawn up in _______ copies.
7. Legal addresses and banking
details of the parties
Carrier ________________________________________________
Sender ___________________________________________
8. Signatures of the parties:
Carrier __________________
Sender _________________
-
It is no secret that office work has a negative impact on both the physical and mental state of the employee. There are quite a lot of facts confirming both. -
At work, each person spends a significant part of his life, so it is very important not only what he does, but also who he has to communicate with.
The contract for the provision of 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 goods of the Customer by car along the routes specified 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 accepts 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 document the 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. Ensure access roads to loading (unloading) points, as well as loading and unloading areas in good condition, ensuring 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 the loading of rolling stock within the limits of total mass and other established standards 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 it, immediately give the Contractor written instructions about 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.
What is the difference between transportation services and other transportation services, when the forwarding contract is a purely intermediary contract and how taxes are paid when providing freight forwarding services are relevant issues in the transportation business. In order to answer them correctly, an individual entrepreneur should familiarize himself with the legal acts regulating the peculiarities of doing business in companies of this profile.
Transportation and transport services
In connection with the movement of goods from the seller to the buyer, there is a need for an intermediary who will organize the transportation and carry it out. Often this role is assumed by individual entrepreneurs specializing in the provision of transport services. In this case, the contracts are added to the contract of sale:
- Transportation. A contract is signed with the carrier for a normal operation for the transportation of goods. The sender is responsible for organizing the transportation process, preparing the cargo for shipment, as well as preparing the necessary documents for the cargo.
- Transport forwarding. The forwarding contract implies the provision additional services related to the transportation of cargo - the organization of transportation, the search for a carrier, the preparation of cargo for shipment. Under such an agreement, the shipper (or cargo owner) draws up an application with precise instructions for the forwarder, but does not directly process and prepare the cargo.
- Agency. The agency agreement is between individual entrepreneur- an intermediary organizing the transportation process, and a transport company that will deliver the goods. Under the agency agreement, the forwarder is an intermediary who needs to find a transport company to transport the goods.
Before providing transport services to someone, the entrepreneur must conclude an agreement of the appropriate type
Additional services are often added to transport:
- Consulting: determining the transportation route, choosing the type of transport and delivery method, calculating the cost and delivery time, etc.
- Organizational: preparation and registration of transportation, conclusion of contracts with participants in the transport process, creation of necessary documents, planning of a delivery operation, etc.
- Cargo preparation: stowage, marking, packing.
- Customs clearance.
- Receiving and issuing cargo.
- Loading and unloading operations (stevedoring, if we are talking about sea vessel), services of surveyor companies conducting property valuation for insurance purposes.
- Cargo escort.
- Work with claims and malfunctions during transportation.
The scope of work determines the type of contract to be concluded. Consider the main two contracts of transport services.
Structure and content of contracts of carriage and transport forwarding
For the provision of services, a contract of carriage is concluded between the carrier and the consignor (cargo owner).
The subject of the transaction is the organization of a transport operation, therefore, in the relevant section of the contract, it is useful for an individual entrepreneur to indicate legislative norms regulating the interaction of the parties in the transportation process (Civil Code of the Russian Federation Chapter 40 "Transportation").
Under the contract of carriage, the carrier is obliged to submit the transport for loading at the specified place and time. Besides:
- The vehicle must be serviceable and suitable for the carriage of the declared goods.
- The carrier is obliged to transport the goods along the agreed route.
- The cargo must be delivered within the terms that were agreed upon when discussing the order and fixed in a written agreement.
- If there is a forced delay of the vehicle on the way, the carrier promptly informs the customer about all the circumstances that prevent the delivery of goods.
The customer is obliged to inform full information about the transported cargo - name, type, total quantity. And we also need a schedule indicating the points of delivery of vehicles for loading. The customer prepares all shipping and transport documentation for the transported cargo and pays for the freight of the vehicle.
Transportation services of an individual entrepreneur are paid after the submission of relevant invoices and invoices. Payment can be charged in the form of a fixed amount or per unit of transport work.
A cargo transportation deal will be mutually beneficial only if the contract clearly defines the rights and obligations of the parties
The carrier is responsible for the delivery of vehicles for loading on time and for failure to meet delivery deadlines. In the section of the contract "Penalties" the amount of payments for violation of the terms of transportation is indicated.
In addition, the carrier is liable to the customer for the total or partial loss of cargo, its damage, deterioration in quality and loss of presentation that occurred due to improper performance of the contract of carriage. When signing the contract, an individual entrepreneur needs to determine at whose expense the assessment of the amount of damage will be carried out.
The customer is responsible for:
- improper performance of their obligations under the contract;
- damage caused to the carrier;
- unreasonable refusal to pay for the services of the carrier;
- late payment of invoices issued under the contract;
- untimely release of the vehicle.
Freight Forwarding Agreement
The freight forwarding contract is concluded between the customer and the freight forwarder.
Forwarding services today represent not only the execution of a transport operation, but also the provision of services for the consolidation, storage, warehousing, handling of goods in accordance with the instructions of the customer. Modern freight forwarders advise on the choice of the method and route of cargo delivery, resolve tax issues, deal with insurance, and coordinate transportation processes. The whole set of forwarding services is divided into four groups:
- delivery,
- stevedoring,
- tally,
- warehouse.
What are delivery and warehouse services, you can still guess, but let's define stevedoring and tally services.
Stevedoring services - loading and unloading and reloading operations at an intermediate point. Tally services are the calculation of the number of cargo units when loading and unloading cargo from a vehicle. Services for the inspection of cargo and transport are called surveyor. Usually, survey and tally services are provided in a complex.
- attorneys;
- commission agents;
- warehouse owners, cargo custodians;
- container-trailer park lessors;
- carriers.
Each of the listed forwarders offers a certain range of services related to transportation - consolidation-de-consolidation of cargo, formation of shipments, reservation of tonnage, placement in a warehouse and safekeeping, rental of packaging equipment. The specifics of the work of an individual entrepreneur - forwarder determines the content of the forwarding contract, and also gives an answer to the question of who the forwarder is for the customer - an attorney, commission agent, warehouse owner, agent or carrier.
The section "Subject of the contract" indicates the scope of regulation of relations between the forwarder and the customer. It is clear that the activities of an individual entrepreneur and his transport forwarding services completely determine the content of the text of this article.
The customer issues an order to the freight forwarder for the carriage of goods. To document this operation, there is special shape FIATA.
The execution of the FIATA pro forma, the issuance of which is issued an order to the forwarder, is mandatory for international transportation
Then the forwarder accepts (confirms) the fact of acceptance of the order. The proof of this is the receipt of the FIATA forwarder.
The reverse side of the FIATA pro forma, which confirms that the freight forwarder has accepted the order of the customer for execution
Forwarder prepares transport and all Required documents for cargo. At the request of the customer, the freight forwarder can participate in the development of the transport conditions of the contract of sale.
The obligations and responsibilities of the freight forwarder and the customer are determined by " General conditions Russian International Freight Forwarders" and the Civil Code of the Russian Federation: Chapter 40 "Transportation", Chapter 41 "Transport Forwarding", Chapter 47 "Storage", Chapter 49 "Order", Chapter 51 "Commission", Chapter 52 "Agency", Chapter 37 " Contract".
Standard contract for IP cargo transportation and a sample act of work performed
The issuance of a transport document (bill of lading, bill of lading or other document for cargo) confirms the conclusion of a contract for cargo transportation. Sometimes one waybill is enough to testify to the conclusion of a contract of carriage in a simple written form, without requiring the signing of any other contract.
If the carrier accepted the shipper's order for the carriage of goods or the shipper accepted the carrier's application for the carriage of goods, then the contract of carriage is considered concluded.
A standard contract for transportation can be used under standard conditions for the transportation of goods
The fact of execution of transportation services is confirmed by various documents. These can be: a bill of lading, waybills, an application for transportation, an act of reconciliation of calculations, etc.
The act of work performed confirms the fact that an individual entrepreneur provides services for the carriage of goods
Termination and modification of the contract
Changing the terms of the contract assumes that the contract will be executed, but the content of obligations or the amount of responsibility has been revised by changing a number of articles of the document. Termination of the contract involves the annulment of previously reached agreements. Amendment and termination is possible with the general consent of the parties, by signing an agreement to amend or terminate the contract, or unilaterally through the court. An individual entrepreneur should go to court after receiving a refusal from the counterparty in the transaction to change the content of the contract or terminate the contract (Article 452 of the Civil Code of the Russian Federation).
The contract is considered terminated after the parties sign the agreement, or after the entry into force of the court decision. The consequences are expected for a party that has materially violated the terms of the contract or has not fulfilled its obligations in response to the fulfillment of the obligations of the partner in the transaction (Article 453 of the Civil Code of the Russian Federation).
Reporting and taxation
Issues of reporting on taxation are determined by the chosen taxation system. UTII system, as the most popular among individual entrepreneurs, can be applied to contracts of carriage subject to the following conditions:
- The provision of motor transport services for the transportation of goods by entrepreneurs who have vehicles on the right of ownership or other right (a lease or leasing agreement is suitable).
- The fleet of vehicles should not exceed 20 vehicles.
- Vehicles do not include trailers, semi-trailers and drop trailers.
- The conclusion of the contract is confirmed by the issuance of a bill of lading.
- It does not matter the method of payment for the services provided, you can pay in cash and non-cash payments.
Other transport services are not included in the list of activities to which UTII can be applied, but it is quite possible for an individual entrepreneur to conduct activities on the simplified tax system.
In order to choose the right taxation system, an individual entrepreneur should systematize the list of services provided and study the regulatory requirements for doing business in the field of transportation
Taxes from contracts of cargo transportation and transport services
The forwarding contract provides for the carrying out of intermediary operations, the income from the received fee for the forwarder's services is taxed. Money from the customer transferred to fulfill obligations under the contract is not profit, taxes are not paid from them. In addition, the freight forwarder's expenses for the fulfillment of the terms of the contract are reimbursed by the client and are not taken into account when calculating taxes. This is evidenced by the letters of the Ministry of Finance of Russia dated May 24, 2012 No. 03–03–06/1/270, dated January 30, 2012 No. 03–11–06/2/13, dated June 14, 2011 No. December 1, 2009 No. 03–11–06/2/252, March 30, 2005 No. 03–04–11/69.
Also, the freight forwarder pays value added tax on the amount of remuneration (letters of the Ministry of Finance of Russia dated 14.06.2011 No. 03-07-08/185, dated 30.03.2005 No. 03-04-11/69, 11/103). After the individual entrepreneur provides other transport services under the contract, the amount of VAT is calculated and an invoice is issued within five days.
Video: documenting transport services
An individual entrepreneur who decides to provide transport services should distinguish between transportation and forwarding services, since the type of activity in the field of transportation determines the applicability of UTII. It is not always necessary to draw up a contract in its pure form, sometimes it is enough to have a consignment note, a waybill and an invoice.
Today, all business relationships must be legally certified. Any area of business requires a serious approach, especially when it comes to the sale of goods. Not every manufacturer can supply goods to the market using their own transport, so they use the services of carriers. In order to avoid disputes, a contract for the carriage of goods must be drawn up.
This document guarantees the carrier and the employer the protection of their interests. There are many companies on the market that provide transportation services for various goods, both domestically and abroad. So what should be considered when drawing up a contract for the carriage of goods? What nuances should be discussed by both parties?
Why do you need to legalize the relationship?
Not every organization has transport to deliver the goods to the points of sale. Keeping your own transport is quite expensive, and sometimes it is more profitable to turn to transport companies for services. For these purposes, a special application for transportation is initially issued.
Like primary document allows you to resolve all emerging issues before concluding a formal contract between the employer and the carrier.
The contract protects the rights of the employer and guarantees that the goods will be delivered on time, in full safety to the destination. Of course, it also takes into account the interests of the carrier. Thanks to the introduction of new rules and requirements in the law on transportation, the quality control of such services has been strengthened, which has made it possible to bring them closer to international standards.
Preliminary application for a contract for transportation
Essential conditions contracts for the carriage of goods must be reviewed before a final agreement between the parties. For these purposes, the legislation provides for the preparation of a preliminary document, which is known as an application for the carriage of goods.
Formation of an application and drawing up a contract - milestone organization of cargo transportation
An application for a contract for the carriage of goods by road will allow the carrier to receive all the necessary information and determine the final price for their services. What items should be indicated in the application:
- Necessary information about the transported goods. Its quantity, specific weight, equipment, quality characteristics. Even the price is indicated. Such information affects the final decision on the conclusion of the contract. After all, there are orders that require special conditions and transportation by a specific type of vehicle.
- specific delivery times. The carrier is guided by them when making a decision. Whether he has the ability to deliver a certain product to the selected destination just in time. For many goods, the shelf life is limited, and they are subject to rapid sale, for example, food.
- The application also indicates the form of responsibility for the transported goods. After all, the employer trusts his product, counting on its timely delivery. Therefore, specific recovery figures are also determined if the cargo was damaged or arrived late.
- If it is necessary to transport special goods that have explosive properties that require certain conditions for transportation, special clauses are drawn up in the agreement, which stipulates all the properties of the goods and the conditions necessary for transportation. Most special cargoes require special permits, which not every carrier has.
- The distance over which the goods are transported in kilometers, as well as the possible route.
All information provided affects the final decision when concluding the contract. All contentious issues resolved within a month after sending the application to the shipping company.
Sample
There is a specific sample application, which indicates all the additional information. Later, the application is attached to the accompanying documents required for.
An example of a shipping request
There are two ways to apply for transportation:
- In the office of a company providing transportation services;
- Electronic version of the application. For those companies who can not drive to the office. This method is much more convenient and does not require additional costs, providing the opportunity to resolve all disputes electronically.
After all the nuances are settled between the employer and the transport company, a formal contract is concluded. The application is also drawn up and signed by the parties in two copies and is attached in addition to the contract.
If, after filling out the application form for the carriage of goods by road, the parties could not reach a mutually beneficial agreement, then after the expiration of the monthly application period, an official refusal of services is issued transport company and the application becomes null and void.
Essential terms of the contract for the carriage of goods
Essential terms of the contract for the carriage of goods:
- The official name of both organizations concluding the contract of carriage.
- Details of persons responsible for the company, listing of documents authorizing a specific person to conclude such an agreement.
- The next item is the subject of the contract, in this case transportation.
- Responsibility and obligations of both parties. The company is responsible for the fact that the cargo is transported safe and sound within the terms specified in the contract. And the firm-employer undertakes to pay the cost of transportation prescribed in the contract.
The following concepts are also described in detail:
- The exact date and time of loading the goods, the signature of the parties that the goods were loaded on time.
- The address where loading is carried out, the name of the organization and specific persons responsible for the timely placement of the cargo.
- The address where the goods are unloaded, with the exact name and surnames of authorized persons.
- The route of transportation specified at the conclusion of the agreement.
- A complete description of the product, indicating all forms and characteristics: weight, quantity, form of packaging, etc.
- Characteristics of the vehicle by which the cargo is delivered.
- The total cost of the service upon completion of delivery is indicated.
- All terms of payment after delivery are described: in cash or by bank transfer, as well as the option of installment payment, if considered.
- specific delivery times.
- A full description of the provided transport for the transportation of goods, including the indication of the driver's data with all the necessary documentation.
- Additional conditions for transportation by road, specifying certain conditions from the contract.
The contract for the transport of goods includes typical variant with a specific clarification characteristic of this type of activity. It is worth noting that for some vehicles involved in the transportation of goods, there are special rules and regulations, so it is necessary to take this into account when concluding a contract.
What does a contract for the carriage of goods by road look like?
The contract for the carriage of goods by road is concluded after discussing all the nuances that are included in the final version of the document. The volume of such a document contains an accurate description of the goods being transported and the vehicle on which it is delivered to the final destination.
The contract form of the application for the carriage of goods must contain complete information about the goods being transported, otherwise the carrier may have problems with delivery. The application form for the carriage of goods necessarily provides for the addition of certain documents and certificates. The contract for the carriage of goods by road should be drawn up very carefully, especially with regard to delivery times. After all, unforeseen circumstances may arise, including technical breakdowns. Therefore, before sending the goods, the vehicle should be subjected to a thorough technical inspection.
Before proceeding with the conclusion of the contract, it is necessary to carefully consider all the conditions included in the final version of the document so that there are no disputes afterward. That the firm-employer, that the carrier must necessarily stipulate specific dates of loading, delivery, and responsibility for non-compliance with contractual terms.
Contract for the carriage of goods by road (click on the image to enlarge)
(Click on the picture to enlarge)
The contract for cargo transportation is the main document concluded between the cargo owner and the carrier. The contract for the carriage of goods must meet the interests of both parties and not contradict the law Russian Federation.
We invite you to familiarize yourself with the contract for the provision of cargo transportation services.
You can download the contract for cargo transportation at the bottom of the page.
CARGO CONTRACT
N. Novgorod
IE Borisov N.A., hereinafter referred to as the "Carrier", represented by Director Borisov Nikolai Anatolyevich, acting on the basis of Certificate 52 No. 003393936, on the one hand, and ________________, hereinafter referred to as the "Client", represented by _________________________, acting on the basis of _____________ , on the other hand, have entered into this agreement as follows:
1. THE SUBJECT OF THE AGREEMENT. CARRIAGE FEE
1.1. Under this agreement, the Carrier undertakes to deliver the cargo entrusted to him by the Client. The name, quality, other individual characteristics, quantity, destination are indicated by the Client in the application, according to the approved form (Appendix No. 1 to the contract), the Client undertakes to pay the fee established by this contract for the carriage of goods.
1.2. The fee (price) for the transportation of goods in the city is: 350 rubles per hour (minimum 3 hours).
1.2.1. Fee (price) for the transportation of goods in the region and Russia: 11 rubles per kilometer, payment in both directions.
1.2.2. In the case of non-cash payment, the Client pays the Carrier an additional 10% to the fee (price) specified in clause 1.2 of the Agreement.
1.3. Cargo transportation is paid in the following terms and in the following order:
1.3.1. in case of non-cash payment by full prepayment on the basis of the invoice issued by the Carrier.
1.3.2. in the case of cash payment after the acceptance (loading) of the cargo by the Client. Payment is allowed after the Carrier fulfills its transportation obligations, if it is necessary to return the bill of lading with a note of receipt of the goods by the Client.
2. OBLIGATIONS OF THE PARTIES
2.1. The client is obliged:
2.1.1. Transfer the above cargo to the Carrier within the time agreed by both parties.
2.1.2. Pay for the carriage of goods, works and services performed by the Carrier at the request of the Client, within the terms agreed in this agreement.
2.1.3. Pay, by additional agreement of the parties, for services not provided for in this agreement, performed by the Carrier at the request of the Client.
2.1.4. Submit an application to the Carrier for the carriage of goods in the prescribed form within 24 hours.
2.1.5. Issue to the Carrier a bill of lading (another document for the cargo).
2.1.6. Present for transportation goods in proper containers and packaging that meets the requirements normative documentation and protecting the cargo from damage and deterioration along the route and during transshipment.
2.2. The client has the right to refuse submitted vehicles that are unsuitable for the carriage of goods.
2.3. The carrier is obliged:
2.3.1. Deliver the cargo to the destination within the time specified by the agreement of the parties or within a reasonable time.
2.3.2. Submit to the Client for loading serviceable vehicles in a condition suitable for the carriage of goods.
2.3.3. In case of non-collection of cargo, issue an act drawn up by the Carrier in
unilaterally, the circumstances under which the cargo was lost and the amount of unsaved cargo.
2.4. The carrier has the right to retain the cargo transferred to him for transportation in security of the carriage charge due to him and other payments for transportation.
3. SUPPLY OF VEHICLES. LOADING AND UNLOADING OF CARGO
3.1. Loading (unloading) of cargo is carried out within the time and in the manner established by the Client's Application, in compliance with the provisions established by the current legislation.
4. RESPONSIBILITY OF THE PARTIES FOR BREACH OF CARRIAGE OBLIGATIONS
4.1. In case of non-performance or improper performance of transportation obligations, the parties shall be liable under the Civil Code of the Russian Federation, other legal acts.
4.2. The Carrier for failure to provide vehicles for the carriage of goods within the time period stipulated by the contract (application to the contract), and the Client for failure to present the goods or non-use of the submitted vehicles shall pay to the other party a fine in the amount of twenty percent of the fee established for the carriage of goods. The carrier is also entitled to demand compensation from the consignor for damages caused to him in the manner established by law Russian Federation.
4.3. For untimely provision of the vehicle stipulated by the contract for the carriage of goods, the Carrier pays the Client for each full hour of delay a fine in the amount of: 0.1% of the order amount.
4.4. For the delay (downtime) of vehicles submitted for loading, unloading, the Consignor pays for each full hour of delay (downtime) a fine in the amount of: 300 rubles.
4.5. 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:
1) force majeure;
2) temporary restriction or prohibition of the movement of vehicles on highways, introduced in the manner prescribed by the legislation of the Russian Federation, for reasons beyond the control of the carrier and the client;
3) other reasons beyond the control of the carrier or client.
5. CARRIER'S LIABILITY FOR LOSS, SHORTAGE AND DAMAGE TO CARGO
5.1. The Carrier is responsible for the failure of the cargo that occurred after it was accepted for transportation and before delivery to the Client, unless it 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.
5.2. Damage caused during the carriage of goods shall be compensated by the Carrier:
The cost of lost or missing cargo, luggage in case of loss or shortage of cargo, luggage;
The amount by which the value of the cargo, luggage has decreased, in case of damage (damage) to the cargo, luggage or the value of the cargo, luggage if it is impossible to restore the damaged (spoiled) cargo, luggage;
Shares of the declared value of the cargo, baggage, the corresponding missing or damaged (spoiled) part of the cargo, baggage, in case of shortage, damage (spoilage) of the cargo, baggage handed over for transportation with a declared value;
Declared value in case of loss of cargo, baggage, as well as the impossibility of restoring cargo, baggage handed over for transportation with a declared value and damaged or damaged.
The cost of cargo, baggage is determined on the basis of the price of the cargo indicated in the seller's invoice or provided for by the contract for the carriage of goods, and in the absence of an invoice or indication of the price in the contract, on the basis of the price that, under comparable circumstances, is usually charged for similar goods.
5.3. The Carrier returns to the Client the carriage fee charged for the transportation of lost, missing, damaged or damaged cargo, since, according to this contract, this fee is not included in the cost of the cargo.
5.4 The Carrier is not responsible for the safety of the Client's cargo and its timely delivery in the following cases:
If it turns out that the requirements for the conditions of storage and transportation of goods do not meet the requirements specified by the Client in the application;
If during the inspection it turns out that the cargo does not correspond to the documents issued for it or the submitted application;
In the absence of the necessary documentation for the transportation of the cargo or its incorrect execution;
If upon delivery of the cargo to the Client or on his behalf to a third party, there are no external signs opening or damage to the packaging.
If the cargo was handed over for transportation with damage to the packaging, with the absence of packaging or its inconsistency with the nature and properties of the cargo.
If the Carrier proves that the loss, shortage or damage (spoilage) of the cargo occurred due to circumstances that the Carrier could not prevent and the elimination of which did not depend on him.
In cases of force majeure (force majeure).
6. FINAL PROVISIONS
6.1. Prior to filing a claim against the Carrier arising from the carriage of goods, the Client is obliged to present a claim to him in the manner prescribed by applicable law.
6.2. In everything else not regulated by this agreement, the parties will be guided by the provisions of the current legislation of the Russian Federation.
6.3. The Agreement comes into force from the moment of its signing and is valid until December 31, 2016, drawn up in two copies of equal legal force, one for each of the parties.
6.4. Addresses, bank details and signatures of the parties:
Carrier: IP Borisov N.A.
Jur. The address: 603079, Nizhny Novgorod,
st. Dezhneva, 3, apt. 19
Fak. The address: 603051, Nizhny Novgorod,
Etc. Geroev, d. 1, office 5
TIN 525909763735
OGRNIP 307525916500043
r/s 40802810323500000217
