Any business transaction requires documentation. The transportation of goods, which must be accompanied by an appropriate contract, is no exception. The procedure and conditions for the conclusion of this document are determined by the current legislation.
The procedure for concluding a contract for cargo transportation
The contract for the carriage of goods can be concluded with individual, which assumes the obligation to deliver the entrusted cargo. This agreement is concluded not only with the owner of the car, but also with another person who must provide a service for the carriage of goods. The owner of the cargo in this agreement will be referred to as either the "customer" or the "consignor". The second name is used in practice in cases where the goods are delivered to a third party, referred to as the "consignee". The person carrying the goods is referred to as the "executor" or "carrier". Such a discrepancy in the names of the parties is caused by the fact that in relation to cargo transportation services, both a cargo transportation contract and a contract can be concluded. paid provision services. But regardless of this, the order and content of the contracts remain similar.
The contract is concluded in a simple written form before the start of the provision of transportation services. The conclusion of the contract is preceded by a period of agreement of its terms by the parties. Agreements reached in in full can be included in the text of the agreement, or some of them are drawn up as annexes to it. For example, a route sheet can be issued as an application.
Advice: There are many standard forms of a contract for the carriage of goods, but it would be better on the basis of standard contract develop your own version, which will fully reflect the features of cargo transportation or the specifics of the provision of cargo transportation services.
The contract for the carriage of goods must contain:
- Names of the parties;
- The name of the cargo, its quantity and characteristics, or an indication that a specific cargo is determined by the application;
- Procedure and terms of payment;
- Conditions for the carriage of goods, as well as the route - can be drawn up as an annex to the contract;
- Terms of performance of the contract;
- Responsibility of the parties.
If necessary, the parties may indicate in the contract specific conditions for transportation, for example, indicate that, at the request of the customer, the contractor performs.
In some cases, the parties may record the fact of the transfer of the car by a special act. In which, unlike, not only the make and model of the car is fixed, but also the ability to use it to transport a specific cargo. For example, the customer needs to deliver 5 tons of sand in bulk, and the carrier sent him an onboard gazelle with a carrying capacity of 2 tons. In such an act, the customer fixes that he was provided with improper transport, which makes it possible to demand a penalty from the carrier.
In the content of the contract, it is necessary to determine its type: one-time or permanent. In the case of concluding a one-time contract for the carriage of goods, it must reflect all issues related to the provision of this service. If a permanent contract is concluded, then it assumes that during the period of its validity, the contractor provides an unlimited number of cargo transportation. In this case, the contract must contain the basic conditions for the provision of services: the procedure for settlements, the rights and obligations of the parties, their responsibilities, and specific agreements for each transportation must be determined by additional agreements to the contract or an application, the form of which is approved by the contract.
Features of individual contracts for the carriage of goods
AT recent times many carriers use an agency scheme to attract customers. In most cases, a typical one is taken, which implies the almost complete absence of the agent's responsibility to both the carrier and the consignor. As a result, the carrier may not receive payment for his services, and the owner of the cargo may lose it. This can be avoided by including one more party in the cargo transportation contract - an agent. In this case, it is possible to prescribe its obligations and responsibilities to each of the parties.
When providing cargo transportation services, there is often a need for freight forwarding services, which provide for the organization of its loading and unloading, execution of transportation documents, etc. Such work can be performed by the carrier himself, but for this it is necessary to conclude a forwarding contract or include the relevant provisions in the text of the contract for the carriage of goods. For example, if it is necessary to deliver the goods to several points, it is advisable to indicate in the contract that the carrier carries out the transportation of goods along the established route, and also unloads at the established points from documentation transfer of cargo. This option is used by many companies that do not have freight forwarders or their own transport and logistics division. Often this is due to cost savings, since the absence of full-time employees makes it possible to minimize costs, because there is no need to pay taxes on wages, pay out, etc.
When concluding a contract for the carriage of goods, it is necessary to take into account the peculiarities of owning a vehicle by the carrier itself. For example, if the car is leased, it makes sense to ask the carrier for confirmation of the fact that there are no debts on lease payments, otherwise it is likely that the leasing company will restrict the carrier's right to use the car, which will not allow him to fulfill the terms of the contract. The situation is similar with cars purchased by the carrier on credit. Especially often take small companies and individuals who provide services for the carriage of goods. In addition, some loan and leasing agreements contain clauses that prohibit its use for the provision of commercial transportation services.
If the carrier uses the car under a rental agreement, then it is necessary to familiarize yourself with this agreement, since it is possible that it contains a ban on the use of a car for commercial purposes or other restrictions that prevent the normal execution of contractual conditions for cargo transportation.
Often the cargo owner insures his cargo, in which case the cargo transportation contract must take into account the insurance conditions, otherwise Insurance Company may refuse to pay damages. By the way, the obligation to insure the goods can be included in the terms of the contract for the carriage of goods, and this obligation may lie with any of the parties. Similarly, the parties can resolve the issue with the protection of the cargo, indicating in the contract that the carrier or the customer must ensure the protection of the cargo during transportation.
The transportation of certain types of cargo provides for compliance with certain requirements for persons carrying it out, for example, the transportation of fuel and lubricants requires the driver to have a special permit for the transportation of this category of cargo. In such cases, it is necessary to include in the terms of the contract the requirement that the carrier's personnel must have the necessary permits. The best option is an application of copies necessary documents to the contract of carriage.
General provisions, conditions of conclusion and liability for violations related to the carriage of goods are regulated.
Features of compiling a document
Legal regulation
Depending on the type of transport used for the carriage of goods, legal relations related to the carriage of goods are regulated by other federal laws, as a rule, by transport charters and codes, for example:
- Charter of railway transport of the Russian Federation.
- Charter of motor transport of the Russian Federation
These charters and codes provide for the specifics of the regulation of transport operations, provided for in certain types transport, and the contract for the carriage of goods is drawn up taking into account the features provided for each type of transport by the current legislation.
In addition, when there is conflict situations related to the carriage of goods in relation to carriers along with other legislative acts The Law of the Russian Federation “On Protection of Consumer Rights” is in force.
According to the contract of carriage, the carrier undertakes to deliver the goods entrusted to him to the place indicated by the sender, and hand them over to the recipient of the goods, and the sender undertakes to pay for the services of cargo transportation.
A simple written form of concluding a contract of carriage is provided, that is, drawing up a contract is not necessary. As a rule, the contract of carriage is confirmed by the delivery of a bill of lading or bill of lading to the carrier.
Transportation, drawn up in the form of a contract, is concluded on the grounds for civil law contracts, and must contain:
- The name of the sender and recipient of the cargo, indicating the persons who represent them, as well as documents confirming their authority.
- Point of departure and delivery of goods.
- The services provided by the carrier may include not only the delivery of cargo to its destination, but also the conditions for loading, unloading, storing, and also issuing to the proper recipient -.
- Transportation period. According to if the transport charters and codes do not specify a period for the carriage of goods, then the goods must be delivered within a reasonable time.
- Rights and obligations of the parties.
- The freight charge due to the carrier for the performance of the contract of carriage. According to Art. - of the Civil Code of the Russian Federation, the carrier has the right to detain the sender's cargo if he did not pay for its transportation.
Responsibilities of the parties under the contract
The current legislation provides for the responsibility of the parties:
- In case of violation of obligations for transportation -.
- For non-delivery of the vehicle, responsibility lies with the carrier, and for non-use of the submitted transport, the sender is responsible. The exception is cases if this happened as a result of a natural disaster, force majeure, or restriction or complete cessation of the carriage of goods in certain directions, in the manner prescribed by the current transport charter or code.
- For the loss, damage or shortage of goods, the responsibility lies with the carrier, if he fails to prove that this happened due to circumstances that he could not prevent. The sender has the right to receive damage from the carrier for loss, shortage or damage to the cargo, as well as a fee paid to the carrier for the carriage of the cargo.
A pre-trial procedure for resolving a dispute is provided, namely, bringing a claim to the carrier. The claim is brought only after the refusal of the carrier to fully or partially satisfy the requirements presented in the claim. If the carrier has not responded to the claim in any way, then the claim may be brought after 30 days from the date of receipt of the claim.
Completed sample document
CONTRACT
cargo transportation
________________ "__" ___________ 20___
_______________________________________________________________,
(name of the company carrying the goods)
hereinafter referred to as the "Carrier", represented by _________________________
(position, full name)
(Charter, regulations)
on the one hand, and _________________________________________________,
(name of the company sending the goods)
hereinafter referred to as the "Sender", represented by ________________________
____________________________________________________________________,
(position, full name)
acting on the basis __________________________________________,
(Charter, regulations)
on the other hand, have concluded the present agreement as follows.
1. The Subject of the Agreement. freight charge
1.1. Under this agreement, the Carrier undertakes to deliver the cargo entrusted to him by the Sender _____________________________________
(name, quality,
other personal characteristics)
in the amount of ________________________________, hereinafter referred to as
(in numbers and words)
"Consignment", to the following destination: ______________________________,
(Name)
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 charge is: ______________________
____________________________________________________________________.
1.4. Shipping is paid on the following dates and next 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 upon additional agreement of the parties.
1.7. The carrier has the right to withhold the cargo transferred to him for transportation to secure the carriage due to him and other payments for the carriage.
2. Submission of vehicles. Loading and unloading 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 vehicles that are not suitable 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 violations of transportation obligations
3.1. In case of non-fulfillment or improper fulfillment of obligations for transportation, the Parties shall bear liability established by 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 time period stipulated. 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: _________________________________________________
____________________________________________________________________.
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 by ______________
____________________________________________________________________,
in other cases provided for by _____________________________________
____________________________________________________________________.
(name of transport charter or code)
4. Liability of the Carrier 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 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.
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 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.
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 carriage fee charged for the carriage of the lost, missing, spoiled or damaged cargo, since, according to this contract, this fee 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 of a general form, etc.) drawn up by the Carrier in unilaterally, are subject, in the event of a dispute, to an assessment by the court 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 by ___________________________________________________________.
(name of transport charter or code)
5.2. In everything else not regulated by this agreement, there will be
apply the provisions of ________________________________________________.
(name of transport charter or code)
5.3. The Agreement comes into force from the moment of its signing, drawn up in _______ copies.
5.4. Addresses and bank details of the Parties.
Sender: _________________________________________________
_____________________________________________________________________
Carrier: __________________________________________________________
_____________________________________________________________________
Sender Carrier
_____________________ _______________________
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 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-fulfillment or improper fulfillment of transportation obligations, the parties shall bear liability established by 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
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: , 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 upon additional agreement of the parties.
1.7. The carrier has the right to withhold the cargo transferred to him for transportation to secure 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 vehicles that are not suitable 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-performance or improper performance of transportation obligations, the Parties shall be liable under 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.
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 of a 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 Sender or the Recipient 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.
