An example of filling out a cargo transportation contract. Contract of carriage by road: sample filling, download form. Different types of transport

______________ "___" __________ 20___

Hereinafter referred to as the Customer, represented by _________________________________________________, acting on the basis of ____________ , on the one hand, and ______________________________________________, hereinafter referred to as the Contractor, represented by ___________________________________________________________, acting on the basis of ____________________, on the other hand, hereinafter referred to as the Parties, have entered into this Agreement as follows:

1. SUBJECT OF THE AGREEMENT

1.1. In accordance with this Agreement, the Customer instructs, and the Contractor provides services for organizing the transportation of import-export cargo by any means of transport, both in the territory Russian Federation, and on the territory of foreign countries.

Clause 1 of Art. applies to the legal relationship between the Contractor and the Customer under clause 1.1. 164 Tax Code of the Russian Federation.

1.2. The scope of the Contractor's services is determined by this Agreement and the Application (Appendix No. 1), which is drawn up by the Customer and is an integral part of this Agreement. The Application contains information about transportation conditions, sender, recipient and description of the cargo.

1.3. In accordance with this agreement, the Customer instructs, and the Contractor provides services for registration transportation documents, documents for customs purposes and other documents necessary for the transportation of goods.

2. CONDITIONS OF CARGO FORWARDING

2.1. The cargo is accepted for forwarding based on the Application submitted by the Customer.

2.2. The Customer submits a written Application to the Contractor during the working day preceding the date of acceptance of the cargo for transportation.

2.3. An application received by the Contractor by fax or e-mail is equivalent to a written one and has full legal force.

2.4. The cargo is accepted during the working day of the shipment date agreed upon by the Parties, according to the number of packed indivisible pieces, without inspection and checking the contents for internal completeness and the presence of obvious or hidden defects.

2.5. The container or packaging must have a clean outer surface and not have sharp corners, protrusions, or anything else that could lead to damage or contamination of the carrier’s vehicle, as well as other cargo transported with it. The container or packaging must ensure the safety of the cargo throughout transportation and transshipment and comply with GOST and TU.

2.6. The basis for accepting the cargo is a power of attorney to receive goods and materials and the Contractor’s waybill (hereinafter referred to as the “Waybill”). The Consignment Note contains information about the sender, recipient, and characteristics of the cargo. Acceptance of cargo for forwarding is certified by the signature of the sender and the Contractor in all copies of the Waybill, one copy of which is handed over to the sender.

2.7. Acceptance of cargo for forwarding is accompanied by the transfer by the sender of shipping documents (waybill, invoices, certificates, etc.).

2.8. The Contractor organizes delivery of the Customer’s cargo to the airport, railway station, destination terminal or “to the door” of the recipient. Transportation on a “door-to-door” basis includes delivery of cargo to a warehouse building, the consignee’s office, or to the entrance of a residential building, if the recipient is individual.

2.9. Provided that the cargo is delivered “to the door,” receipt of the cargo is certified by the signature and seal (stamp) of the consignee in the Consignment Note. If the consignee is an individual, then the Consignment Note indicates the passport details of the recipient, certified by his signature.

2.10. A standard cargo item is considered to be a cargo item with dimensions up to 100 x 50 x 50 cm and weighing up to 80 kg. The possibility of sending non-standard cargo items is agreed upon by the Parties separately, according to written request Customer.

2.11. Banknotes, securities, credit cards, jewelry, products made of precious metals, food products, strong narcotic and psychotropic substances, firearms, pneumatic, gas weapons, ammunition, edged weapons, including throwing weapons.

2.12. The possibility of sending dangerous and valuable cargo is agreed upon by the Parties separately, upon the written request of the Customer.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1 Performer:

3.1.1 has the right to independently determine the type of transport, the route of cargo transportation, the sequence of cargo transportation various types transport depending on the address of the recipient, the nature and cost of the shipment, based on the interests of the Customer.

3.1.2 has the right not to begin performing its duties until the Customer provides documents, as well as other information necessary for the execution of this Agreement.

3.1.3 has the right to verify the correctness of the volumetric and physical weight indicated by the Customer in the Invoice special equipment in stock. The basis for determining the cost of transportation is the data specified in the carrier’s invoice.

3.1.4 has the right not to accept the cargo for transportation if the packaging does not correspond to the nature of the cargo. By prior agreement of the Parties, the Contractor may carry out packaging at the Customer’s expense in order to prevent possible loss, shortage or damage to the cargo during transportation.

3.1.5 has the right to set and change tariffs for freight forwarding services and publish information about tariffs and services on the Contractor’s Internet page (www._______).

3.1.6 has the right to advise the Customer on the issues of reducing costs for individual operations, increasing the efficiency of shipments by choosing rational routes.

3.1.7 has the right to issue invoices for each hour of vehicle downtime and for idle vehicle mileage due to the fault of the Customer.

Downtime is understood as the time the vehicle was at the loading/unloading address, during which the sender/recipient did not perform any actions aimed at issuing the cargo to the Forwarder and completing the necessary documents.

Idle mileage means the delivery of a vehicle for loading/unloading, during which the cargo was not received for transportation or the cargo was not delivered to the recipient due to the fault of the sender/recipient.

3.1.8 is obliged, upon acceptance of the cargo, to issue to the sender the Contractor’s power of attorney to receive the goods and materials and the Waybill.

3.1.9 is obliged, on behalf of the Customer, to organize storage of cargo in a warehouse in accordance with the cost agreed by the Parties additional services Performer.

3.1.10 is obliged, on behalf of and at the expense of the Customer, to organize the transportation of cargo across the territory of the Russian Federation, accompanied by armed guards.

3.1.11 is obliged, on behalf of the Customer, to conclude an agreement to insure the cargo against the risks of complete loss, loss, damage to the cargo for the period of its transportation. According to the concluded insurance contract, the beneficiary is the Customer.

3.1.12 is obliged, at the request of the Customer, to provide data on the location of the cargo, as well as ensure the availability of information about the status of cargo delivery on the Contractor’s website on the Internet.

3.2 Customer:

3.2.1 has the right to choose the route and type of transport.

3.2.2 has the right to demand that the Contractor provide information about the process of cargo transportation.

3.2.3 is obliged to promptly provide the Contractor with complete, accurate and reliable information about the properties of the cargo, the conditions of its transportation and other information necessary for the fulfillment of obligations by the Contractor and documents necessary for the implementation of customs, sanitary control, and other types of government control.

3.2.4 is obliged to ensure the readiness of the cargo, marking and packaging that corresponds to the nature of the cargo and ensures complete safety of the cargo during transportation.

3.2.5 is obliged to correctly and legibly fill out and sign the Invoice provided by the Contractor.

3.2.6 is obliged to provide original documents or their duly certified copies if representatives of regulatory authorities have doubts about the reliability of the information provided about the cargo.

3.2.7 is obliged to ensure that the nature of the cargo specified in the Application corresponds to the nature of the cargo actually received by the Contractor.

3.2.8 is obliged to pay the Contractor the cost of services in the amount and manner established by this Agreement.

4. PAYMENT PROCEDURE

4.1 The cost of services is calculated by the Contractor in Russian rubles in accordance with the Application and based on the physical or volumetric weight of the cargo, route and delivery method. The cost of each transportation is agreed upon by the Parties separately.

4.2 Payment for services is made by the Customer on the basis of invoices issued by the Contractor in Russian rubles upon provision of services, in the form of non-cash or cash payment in Russian rubles.

4.3 Payment can be made by the Customer in advance in the amount agreed upon by the parties and at the agreed frequency. The advance payment is written off according to the invoices issued.

4.4 Payment of the Contractor's invoices must be made by the Customer within 10 banking days from the receipt of the invoice by fax (but no later than the last calendar day of the month in which the export transportation was organized).

If the Customer fails to comply with the deadlines for paying bills, the Contractor does not guarantee the Customer the taxation of services under the terms of clause 1 of Art. 164 Tax Code of the Russian Federation.

4.5 The Contractor has the right not to begin executing the Customer’s instructions if there is an overdue debt on the Contractor’s accounts.

4.6 Original documents (invoice and Contract Fulfillment Certificate) are sent to the Customer by mail after fulfilling the conditions of clause 4.4. agreement. In case of failure to receive a signed Act or written objections from the Client within two weeks from the date of drawing up the Act, the Contractor has the right to consider the Act signed without objections.

5. PRIVACY

5.1. The parties undertake to maintain confidentiality about this Agreement (i.e. not to allow the dissemination of information about the terms of the Agreement to other persons).

6. RESPONSIBILITY OF THE PARTIES

6.1 For failure to comply or improper execution responsibilities provided for by the agreement for the provision of services for organizing the transportation of goods, the Contractor bears responsibility on the grounds and in the amount determined in accordance with the legislation of the Russian Federation and this agreement.

6.2 If the Contractor proves that the violation of the obligation is caused by improper performance of the contract of carriage, the liability to the Customer of the Contractor who entered into the contract of carriage is determined on the basis of the rules according to which the corresponding carrier is responsible to the Contractor.

6.3 The Contractor is not responsible for the lack of package contents if the integrity of the packaging was not compromised during the delivery process.

6.4 The Contractor is not responsible if the fact of damage and/or opening of the packages was not established by the consignee at the time of acceptance of the cargo, and a bilateral act was not drawn up with the participation of the authorized representative of the Contractor.

6.5 The Customer is responsible for losses caused to the Contractor in connection with failure to fulfill obligations to provide information specified in this Agreement.

6.6 The Customer is responsible in accordance with current legislation that the cargo transferred for shipment to the Contractor does not have attachments prohibited for transportation and was acquired legally.

7. EARLY TERMINATION OF THE AGREEMENT

7.1 Either Party has the right to refuse to fulfill this Agreement by notifying the other Party within 30 days.

7.2 The Party that declares refusal to perform this Agreement shall compensate the other Party for losses caused by termination of this Agreement.

8. FORCE MAJEURE

8.1 The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement in the event of force majeure circumstances, such as: natural disasters, fire, insurrection, flood, earthquake, hostilities, war, civil war, and strikes, actions and regulations government agencies, binding on at least one of the Parties, arising after the conclusion of the Agreement, and provided that these circumstances directly affected the fulfillment of the parties’ obligations.

8.2 If force majeure circumstances arise, the deadline for fulfilling contractual obligations is postponed for the duration of the relevant circumstances. If it is impossible to fulfill obligations within a period of more than 2 months, each of the Parties has the right to terminate this Agreement. In case of termination of the agreement, the Parties shall make full mutual settlements within 5 days.

9. PROCEDURE FOR CONSIDERATION OF DISPUTES

9.1 All disputes and disagreements that may arise under this Agreement must be resolved through negotiations between the Parties.

9.2 If it is impossible to reach an agreement between the Parties, all disputes that may arise under this Agreement shall be submitted for consideration Arbitration Court ________________ in accordance with current legislation Russian Federation.

10. OTHER TERMS

10.1 The validity period of this Agreement begins from the moment it is signed by both parties and is established until _____________. If neither Party notifies the other Party of termination of the Agreement 30 days before the expiration of the Agreement, then the Agreement is extended for each subsequent calendar year.

10.2 All changes and additions to this Agreement are valid only if they are in writing and signed by authorized representatives of the Parties. All annexes to this Agreement are an integral part of it.

10.3 This Agreement is drawn up in two copies having equal legal force, one copy for each of the Parties.

11. LEGAL ADDRESSES AND DETAILS OF THE PARTIES

1. SIGNATURES OF THE PARTIES

CUSTOMER ______________________________ _______________/___________

EXECUTOR ______________________________ _______________/___________

Appendix No. 1 to the Agreement for the provision of services for organizing the transportation of goods

No. ____________from “______”______________

Appendix No. 2

to the Agreement for the provision of services for the organization of cargo transportation

No.__________ from “____”________ ____

ACT No.______

Delivery and acceptance of services provided from

Invoice No. dated

By Order No. buyer code

We, the undersigned, the CONTRACTOR ___________________________________________, represented by ___________________________________________, on the one hand, and the CUSTOMER ___________________________________________, on the other hand, have drawn up this act stating that the Contractor provided services for organizing the transportation of cargo worth ___________________________ rubles, including VAT ______________________ rubles. The quality of the services provided fully satisfies the Customer’s requirements, the services are properly executed. This act indicates acceptance of the services provided and serves as the basis for mutual settlements between the Contractor and the Customer.

The document form “Contract for the carriage of goods” belongs to the heading “Contract of carriage, transport expedition”. Save the link to the document in social networks or download it to your computer.

AGREEMENT
cargo transportation
__________________ "___"_____________________
____________________________________________________________________________,
(name of organization)
hereinafter referred to as the “Carrier”, represented by ___________________________________________________________________________,


And __________________________________________________________________________,
(name of organization)
hereinafter referred to as the “Sender”, represented by ____________________________________,
(surname, initials, position)
acting on the basis of _____________________________________________________,
(charter, regulations, power of attorney)
have entered into this agreement as follows:

1. 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 cargo, to the following destination: _________________________, deliver the Cargo to the Recipient, and the Sender undertakes to pay the fee established by this agreement for the carriage of cargo.
1.2. The conclusion of this agreement is confirmed by the preparation and issuance by the Carrier of a bill of lading (another document for the cargo) to the Sender.
1.3. The shipping fee is __________________________________________.
(in words)
1.4. Cargo transportation is paid within the following terms and in the following order: _______________________________________.

2. OBLIGATIONS OF THE PARTIES

2.1. The sender is obliged:
2.1.1. Transfer the above cargo to the Recipient within the period agreed upon by both parties.
2.1.2. Pay for the transportation of cargo, for work and services performed by the Carrier at the request of the Sender, within the terms agreed upon in this agreement.
2.1.3. Pay by additional agreement of the parties, services not provided for in 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 within the period _____________________________________.
2.1.5. Issue a waybill (another document for the cargo) to the Carrier.
2.2. The sender has the right:
2.2.1. Refuse submitted vehicles that are unsuitable for transporting cargo.
2.3. The carrier is obliged:
2.3.1. Deliver the cargo to its destination within the time period specified by transport charters and codes, or within a reasonable time.
2.3.2. Provide the Sender of the cargo with serviceable vehicles in a condition suitable for transportation of cargo for loading within the following period: __________________________.
2.3.3. Issue, in case of failure to collect the cargo, a report drawn up by the Carrier in unilaterally, about the circumstances under which the cargo was lost, and the amount of unsaved Cargo.
2.4. The carrier has the right:
2.4.1. To retain the cargo transferred to him for transportation in order to secure the carriage charge due to him and other payments for transportation.

3. SUPPLY OF VEHICLES.
LOADING AND UNLOADING CARGO
3.1. Loading (unloading) of cargo is carried out by the Sender (Recipient) within the following periods 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
TRANSPORTATION OBLIGATIONS
4.1. In case of non-fulfillment or improper fulfillment of transportation obligations, the parties 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 specified period
subp. 2.1 of this agreement, and the Sender for failure to present the cargo or failure to use the provided vehicles bears the responsibility established by legal acts, as well as the following responsibility provided for by agreement of the parties: ___________________________________________.
4.3. The Carrier and the Sender are released from liability in the event of non-delivery of vehicles or non-use of supplied vehicles, if this occurred due to:
force majeure, as well as due to other natural phenomena (fires, drifts, floods) and military actions;
termination or restriction of cargo transportation in certain directions established in the manner prescribed by law.

5. CARRIER'S LIABILITY FOR LOSS
SHORTAGE AND DAMAGE OF CARGO
5.1. The Carrier is responsible for failure to preserve the cargo that occurred after it was accepted for transportation and before delivery to the Recipient, unless it proves that the loss, shortage or damage to the Cargo occurred as a result of circumstances that the Carrier could not prevent and the elimination of which did not depend on it.
5.2. Damage caused during cargo transportation is 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 delivered for transportation with its value declared - in the amount of the declared value of the cargo.
The cost of the cargo is determined based on its price indicated in the Seller’s invoice (and in the absence of an invoice, based on 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, spoiled or damaged cargo, since, according to this agreement, this fee is not included in the price of the cargo.

6. FINAL PROVISIONS

6.1. Before filing a claim against the Carrier arising from the carriage of cargo, 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 and other legislation on transportation by this type of transport will be applied.
6.3. The Agreement comes into force from the moment it is signed and is drawn up in _______ copies.

7. Legal addresses and bank addresses
details of the parties
Carrier __________________________________________
Sender ________________________________________

8. Signatures of the parties:
Carrier __________________
Sender _________________

• 
  It is no secret that office work negatively affects both the physical and mental state of the employee. There are quite a lot of facts confirming both.
• 
  Every person spends a significant part of his life at work, so it is very important not only what he does, but also with whom he has to communicate.

Contract for the carriage of goods by road transport is the dominant agreement in the transport document flow system, because it is it that facilitates the fulfillment of obligations to deliver material assets to the recipient.

A cargo transportation contract is defined as an agreement between the carrier and the shipper, according to which the former undertakes to transport the products entrusted to him to the destination and deliver them to the person entitled to receive them. The shipper, in accordance with the transport contract, undertakes to promptly pay for the services provided.

Written form of agreement transport services is predetermined by the responsibility of the carrier company to draw up and issue to the sender of material assets an appropriate document confirming their acceptance for delivery. Such a document is a waybill. Handing over the cargo to the carrier, who in turn issues a document confirming the acceptance of the goods for transportation, provides grounds for classifying the cargo delivery agreement as a real civil law contract.

The contract of carriage by road is fixed-term, since its validity period is determined by the period of fulfillment of obligations by the carrier. Such a period can be established either by agreement of the parties or by regulation.

The contract for the provision of transport services is compensated, since each of the parties entering into it implies the satisfaction of a property interest.

When concluding a contract for the carriage of goods, the parties are transport company(carrier, performer) and shipper (customer) - the legal owner of the transported material assets, a forwarder or another person authorized by the owner of the goods. The carrier's responsibilities include not only the acceptance and delivery of cargo, but also its delivery to the consignee.

It turns out that under the terms of the contract for the carriage of goods, the parties to the relationship are three parties: the sender, the transport company and the recipient. At the same time, it is obvious that the road transportation contract in its own way legal status- This is a two-sided document. Such unusual situation in contract law became the cause of lively and lengthy discussions in the legal literature, where the object of dispute was legal status consignee.

In terms of its content, a standard cargo transportation contract belongs to the well-known contractual type - an agreement in favor of a third party, when the recipient of the cargo, who is not actually a party to the contract, has specific rights and bears corresponding obligations.

Without taking part in the conclusion of an agreement for the organization of road transport, the recipient of the cargo nevertheless acquires the right to claim against the carrier for the delivery of products at the destination. If the transport company fails to fulfill its obligation to deliver the cargo to its destination, the recipient has the right to present claims to it regarding the loss of material assets. In case of improper performance of transport services - claims for damage or shortage of cargo, as well as for failure to meet delivery deadlines.

According to the terms of the contract for the provision of cargo transportation services, transport time (transportation duration) is determined, that is, the time during which motor transport carries out the entire set of cargo, technical, commercial operations at the point of loading, along the route and at the destination. The time factor is not only economic category, but also legal, since all major product movements are regulated by deadlines transport obligation in the law or contract for the carriage of goods by road.

Agreement No.____

transportation of goods by road

LLC "Ivanov", represented by director I.I. Ivanov, acting on the basis of the Charter, hereinafter referred to as the “Carrier” on the one hand, and LLC "Petrov", represented by Director Petrov P.P., acting on the basis of the Charter, hereinafter referred to as the “Client”, on the other hand, each individually or collectively referred to respectively as the “Party” or “Parties”, have entered into this Agreement as follows:

1. Subject of the Agreement

1.1. This Agreement governs the relationship between the Parties regarding the transportation of the Client’s goods by the Carrier’s road transport, including in the planning, provision and payment of transportation services, as well as in the distribution between the Parties of all costs and expenses associated with transportation.

1.2. Under this Agreement, the Client orders and pays, and the Carrier carries out the transportation of goods; that is, delivers the cargo entrusted to him by the shipper to the destination and issues it to the person authorized to receive the cargo (consignee) according to the nomenclature and assortment indicated in the consignment note (hereinafter referred to as the Waybill) and the Waybill (hereinafter referred to as the TN); and also provides other services related to transportation, on the terms, terms and prices determined by Applications for the provision of a vehicle for each transportation.

2. Procedure for processing documents for transportation

2.1. The Client sends to the Carrier a written application signed by the responsible person, in the form specified in Appendix No. 1 to this agreement. The application is an integral part of this agreement.

2.2. Upon receipt of the transportation request from the Client, the Carrier signs it and sends it to the Client. Sending to the Client a completed and signed application by the Carrier confirms the readiness to carry out the requested transportation in full.

2.3. The parties may, by mutual agreement, send and accept for execution copies of documents sent by fax or by email. The original documents are sent (transferred by courier) immediately after the copy is sent. The date indicating the time of arrival and departure of the vehicle at the place of loading and (or) unloading is determined according to the marks in the technical specification and the waybill with the signature of the person responsible for loading and (or) unloading, the signature must be certified by a seal or stamp of the established form.

3. Rights and obligations of the Parties

3.1. The client is obliged:

3.1.1. Before the arrival of the Carrier's vehicle, ensure that the shipper or consignee (hereinafter in the text of the Agreement: at loading points - the shipper, at unloading points - the consignee) prepares the cargo for transportation (preparation for unloading) and passes the vehicle to the loading (unloading) place.

3.1.2. Ensure that cargo is presented for transportation that corresponds to the name, weight and special properties of the cargo specified in the Application.

3.1.3. Pay the Carrier the cost of services provided under this Agreement related to transportation in the amount no later than 7 calendar days from the date of receipt of the original invoice, a bilaterally signed certificate of completion of work, a tear-off travel voucher and a waybill.

3.2. The carrier is obliged:

3.2.1. Submit serviceable vehicles in a condition suitable for transportation of this type of cargo in accordance with the confirmed Application within the approved time frame for loading.

3.2.2. Accept the Cargo from the Sender and deliver the Cargo to the Recipient in the manner established by current legislation and regulations, inspect the completeness, external condition of the cargo and its packaging, in accordance with the shipping documents. The carrier must not load cargo that is of poor quality upon visual inspection, with damaged or defective packaging, of which he is obliged to notify the Client. Upon completion of loading, the Carrier is obliged to make a note in the TN and the Waybill, which indicates acceptance by the Carrier (Driver) full responsibility for the quantity (weight) and condition of the cargo, correctness of loading, presence and proper condition of the seal. Deliver the entrusted cargo to its destination on time; the target date of arrival of the vehicle at the unloading site is determined in the Application and TN.

3.2.3. Upon arrival at the place of unloading, hand over the documents and cargo to the consignee in accordance with the Application and the information specified in the TN, with the execution of all necessary documents.

3.2.4. In case of any delays in transit, the Carrier is obliged to immediately notify the Client. In the event of a vehicle breakdown, the Carrier is obliged to immediately notify the Client about this and ensure that the cargo is reloaded in good condition. vehicle and ensure the continuation of transportation of cargo to the place of unloading, if the Client has not given instructions in in writing To the carrier regarding further actions with the cargo.

3.2.5. In the event of an accident, an accident, as well as in any cases of loss of cargo or part of it, theft of cargo by third parties, damage to the seal, etc., take all necessary measures to save, prevent or reduce damage to the cargo. Participate in the preparation of the Unloading Certificate in the event of a discrepancy between the number of seats indicated in the documents and the actual quantity or if defects are detected during unloading of the vehicle.

3.2.6. Provide the Client with originals of shipping documents (TN, Waybill) confirming the acceptance and transfer of goods, as well as a Certificate of Completion of Work, an invoice no later than 5 (five) calendar days from the date of execution of the Client’s Application.

4. Payment procedure

4.1. The Client pays for the Carrier’s services in the amount established in the Application, which is an integral annex to the contract and invoice for a specific transportation.

4.2. Payments for services performed are made by bank transfer by the Client to the Carrier's account, unless otherwise specified by a separate agreement of the Parties. The moment of payment is the date of receipt cash to the Carrier's account.

4.3. The Client is obliged, within 5 calendar days, to check the received originals of the invoice, technical specification and the certificate of work performed and, if there are no complaints against the Carrier, sign the Certificate of Work Completed and hand it over to the Carrier in person or by mail. If there are claims and refusal to sign the Certificate of Completion, the Client informs the Carrier of the reasons for the refusal within 2 calendar days from the date of receipt of the specified documents. Payment is made to the Carrier's bank account within 7 calendar days. One copy of the signed certificate of completion of work and TN Client, in mandatory returns to the Carrier.

5. Responsibility of the parties

5.1. In case of non-fulfillment or improper fulfillment of obligations under this Agreement, the Client and the Carrier bear responsibility established by the Civil Code of the Russian Federation, the Charter of Motor Transport and Urban Ground Electric Transport, as well as this Agreement.

5.2. The Party engaging a third party to fulfill its obligations under this Agreement shall be liable to the other Party for failure to fulfill or improper performance of obligations by the third party as for its own actions.

5.3. Penalties and fines for the obligations of this agreement are paid by the guilty Party in the amount and manner determined by current legislation and regulations. The possibility of applying penalties is a right, but not an obligation, of the Party whose rights are violated.

5.4. Client's responsibility:

5.4.1. If the consignee refuses to accept the cargo, all costs for redirecting or returning the cargo are borne by the Client.

5.4.2. If the Client's payment for the Carrier's services is delayed by more than 5 calendar days, the Carrier has the right to require the Client to pay a penalty in the amount of 0.03% of the amount for each day of delay.

5.5. Carrier's responsibility:

5.5.1. In the event of a delay in providing the Carrier's vehicle for transportation by more than 4 (four) hours for loading, the Client has the right to consider this as a failure to provide the vehicle for transportation, and refuse the Carrier's services for transportation under a confirmed Request, notifying the Carrier about this.

5.5.2. The Carrier, in accordance with current legislation and regulations, bears full responsibility for loss, shortage and damage to goods accepted for transportation that occur from the moment the goods are accepted for transportation until the goods are delivered to the consignee, and compensates the Client for losses incurred in the amount of the cost of the lost goods. , missing or damaged cargo.

5.5.3. The Carrier, along with compensation for established damage caused by loss, shortage or damage (spoilage) of cargo, does not have the right to demand from the Client payment for services for the transportation of lost or missing cargo.

5.5.4. Without the Client’s consent, the Carrier does not have the right to shift to third parties its responsibility for fulfilling the terms of this agreement and the obligation to compensate for losses incurred by the Client.

6. Force majeure

6.1. The Parties are released from partial or full fulfillment of obligations under the Agreement if this was a consequence of force majeure circumstances that arose after the conclusion of this Agreement as a result of extraordinary events that the Parties could not have foreseen; neither prevent by reasonable measures nor influence them and for the occurrence of which they are not responsible, such as earthquakes, floods, fires, train crashes, as well as wars and orders of government bodies.

6.2. The Party citing force majeure circumstances is obliged to immediately inform the other Party about the occurrence of such circumstances in writing, and at the request of the other Party, the relevant documents of the Chamber of Commerce and Industry of the Russian Federation must be provided. The information must contain data on the nature of the circumstances, as well as, if possible, an assessment of their impact on the Parties’ fulfillment of their obligations under the Agreement and on the period for fulfilling the obligations.

6.3. A Party that is unable to fulfill its obligations under the Agreement due to force majeure circumstances will make every effort to resume this performance as soon as possible.

6.4. Upon termination of these circumstances, the Party citing force majeure must immediately notify the other Party in writing.

6.5. In the event of force majeure circumstances, the deadline for fulfilling obligations under the Agreement is postponed in proportion to the time during which such circumstances and their consequences apply.

7. Dispute resolution

7.1. The parties make every effort to resolve disputes and disagreements arising during the period of validity of this Agreement through negotiations. Before the Parties present claims arising from this Agreement, it is mandatory to submit claims.

7.2. Before submitting a controversial issue to the arbitration court at the Chamber of Commerce and Industry of the Samara Region, the parties are obliged to comply with the claims procedure for resolving disputes, observing the procedure for filing claims provided for by current legislation and regulations.

7.3. If it is impossible to resolve disputes through a claim procedure, they are subject to referral to the arbitration court at the Chamber of Commerce and Industry of the Samara Region.

8. Final provisions

8.1. This Agreement comes into force from the date of its signing by both Parties, indicated at the beginning of the Agreement, and is valid until December 31, 2012.

8.2. If neither Party, one month before the expiration of the Agreement, notifies the other Party in writing of its intention to terminate the Agreement or extend it on other terms, the Agreement is considered extended for one year on the same terms with further extension in the same manner.

8.3. This Agreement is drawn up in Russian in two original copies having equal legal force - one for each of the Parties. All additions and changes to this Agreement are valid only if they are made in writing and signed by authorized representatives of the Parties. This Agreement may be amended or terminated by agreement of the Parties. These agreements are made in writing, signed by the Parties and become an integral part of this Agreement from the moment they are signed by the Parties.

8.4. In cases where the terms of this Agreement conflict with the norms Civil Code RF, the norms of the Civil Code of the Russian Federation will apply (according to Articles 421, 422 of the Civil Code of the Russian Federation).

8.5. After signing this Agreement, all preliminary negotiations on it, correspondence, preliminary agreements and protocols of intent on issues related in one way or another to this Agreement lose legal force.

That's all today business relations must be legally certified. Any area of ​​business requires a serious approach, especially when it comes to selling goods. Not every manufacturer can supply goods to the market using their own transport, so they use the services of cargo carriers. To avoid disputes, a cargo transportation contract must be drawn up.

This document guarantees the cargo carrier and the hiring company the protection of their interests. There are many companies on the market that provide services for the transportation of various goods, both within the country and abroad. So what should you consider when drawing up a contract for the carriage of goods? What nuances should both sides discuss?

Why do you need to formalize the relationship legally?

Not every organization has transport to deliver goods to points of sale. Maintaining your own transport is quite expensive, and sometimes it is more profitable to seek the services of transport companies. For these purposes, a special request for transportation is initially filled out.

Like primary document allows you to resolve all emerging issues before concluding a formal contract between the lessee and the carrier.

The contract protects the rights of the tenant and guarantees that the goods will be delivered on time and in complete safety to their destination. Of course, it also takes into account the interests of the cargo carrier. Thanks to the introduction of new rules and requirements in the law on transportation, quality control of such services has been strengthened, which has brought them closer to international standards.

Preliminary application for a transportation contract

The essential terms of the contract for the carriage of goods must be considered before concluding a final agreement between the parties. For these purposes, the legislation provides for the execution of a preliminary document, which is known as an application for the carriage of goods.

Formation of an application and drawing up a contract - important stage organization of cargo transportation

An application for a contract for the carriage of goods by road will allow the cargo carrier to obtain all the necessary information and determine the final price for its services. What points must be indicated in the application:

• Necessary information about the goods being transported. Its quantity, specific weight, equipment, quality characteristics. Even the price is indicated. Such information influences the final decision on concluding a contract. After all, there are orders that require special conditions and transportation specific type motor transport.
• Specific delivery times. The cargo carrier is guided by them when making a decision. Does he have the ability to deliver a certain product to the selected destination on time. For many goods, storage periods are limited and they must be quickly sold, for example, food products.
• The application also indicates the form of responsibility for the transported goods. After all, the employer trusts his goods, counting on its timely delivery. Therefore, specific recovery figures are determined if the cargo is damaged or arrives late.
• If it is necessary to transport special cargo that has explosive properties and requires certain conditions for transportation, special clauses are drawn up in the agreement, which stipulate all the properties of the goods and the conditions necessary for transportation. Most special cargo requires 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 influences the final decision when concluding a contract. All controversial issues are resolved within a month after sending the application to the cargo transportation company.

Sample

There is a specific sample application that indicates all additional information. Later, the application is attached to the accompanying documents necessary for transporting goods by road.

Example of a request for cargo transportation

There are two ways to submit a transportation request:

• At the office of a company providing transportation services;
• Electronic version of the application. For those companies who cannot drive to the office. This method is much more convenient and does not require additional costs, providing the opportunity to resolve all controversial issues electronically.

After all the nuances have been 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 an application form for the transportation of goods by road, the parties were unable to come to a mutually beneficial agreement, then after the expiration of the one-month validity period of the application, an official refusal of services is issued transport company and the application loses its legal force.

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 entering into a transportation agreement.
• Details of the persons responsible for the company, a list of documents authorizing a specific person to conclude such an agreement.
• The next point is the subject of the contract, in this case transportation.
• Responsibilities and obligations of both parties. The company is responsible for ensuring that the cargo is transported safely and within the terms specified in the contract. And the hiring company undertakes to pay the cost of transportation specified in the contract.

The following concepts are also described in detail:

• The exact date and time of loading of the goods, the signature of the parties that the goods were loaded on time.
• The address where loading takes place, 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 names of authorized persons.
• The transportation route agreed upon when concluding the agreement.
• A complete description of the product indicating all forms and characteristics: weight, quantity, packaging form, etc.
• Characteristics of the vehicle used to deliver the cargo.
• Indicated full cost services upon completion of delivery.
• All terms of payment after delivery are described: cash or bank transfer, as well as the option of installment payment, if one was considered.
• Specific delivery times.
• A complete description of the transport provided for the transportation of cargo, including the driver’s details with all the necessary documentation.
• Additional conditions for transportation by road, specifying certain conditions from the contract.

The contract for the transportation of goods combines a standard version with specific clarifications characteristic of this type of activity. It is worth noting that for some vehicles involved in the transportation of goods, 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?

Agreement road transport of cargo is concluded after discussing all the nuances included in the final version of the document. The scope of such a document contains an accurate description of the goods being transported and the vehicle used to deliver it to the final destination.

The application form 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 cargo transportation must be supplemented with certain documents and certificates. The contract for the carriage of goods by road should be drawn up extremely carefully, especially with regard to delivery times. After all, unforeseen circumstances may arise, including technical failure. Therefore, before sending the goods, the vehicle should be subjected to a thorough technical inspection.

Before you begin concluding a contract, you must carefully consider all the conditions included in the final version of the document, so that there are no problems later. controversial situations. Both the hiring company and the cargo carrier must stipulate specific dates for loading, delivery, and liability for non-compliance with contractual terms.

Contract for the carriage of goods by road (click on the picture to enlarge the size)

(Click on the picture to enlarge the size)