Standard contract for the carriage of goods. Contract for the carriage of goods by road
1. THE SUBJECT OF THE AGREEMENT
1.1. In accordance with the terms of this agreement, the Carrier undertakes to transport the Customer’s goods on the basis of his application, and the Customer undertakes to promptly pay for the services provided by the Carrier in accordance with the Carrier’s tariffs in force on the date of services provided.
1.2. The Carrier has the right to provide the Customer with additional services related to the organization of transportation of goods in urban and intercity traffic.
1.3. Transportation of goods is carried out by the Carrier accompanied by the freight forwarder of the Customer.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Carrier carries out transportation of the Customer's goods on the basis of the Customer's written application provided to the Carrier in any convenient way.
2.2. The application must be submitted no later than hours before the vehicle is submitted for loading.
2.3. If the application contains insufficient information related to the provision of services under this agreement, the Carrier must inform the Customer about the suspension of the application until the missing information is received. After the Customer provides the necessary information at the Carrier’s request, the application is resumed.
2.4. If it is impossible to fulfill the request, the Carrier is obliged to notify the Customer of the impossibility of fulfilling it within an hour(s) after its receipt. Otherwise, the application is considered accepted for execution.
2.5. The carrier is obliged:
2.5.1 Within an hour(s) from the receipt of the application, determine the number and type of vehicles for transportation, depending on the volume and nature of the cargo.
2.5.2. Ensure timely delivery of vehicles to the loading point specified by the Customer.
2.5.3. Submit for loading serviceable vehicles suitable for safe transportation of the cargo specified in the application and meeting sanitary requirements for the transportation of food products.
2.5.4. Within the period agreed upon by the Parties, deliver the cargo entrusted to him by the Customer to the destination and hand it over to the person authorized to receive the cargo (consignee).
2.6. The customer is obliged:
2.6.1. To unload vehicles at their destinations using their own forces and means, preventing vehicles from being idle for loading and unloading beyond the established time limits.
2.6.2. Pre-prepare the cargo for transportation, prepare accompanying documents, as well as, if necessary, a pass for the right to travel to the destination and unload the cargo.
2.6.4. Ensure timely and proper execution of waybills and waybills in accordance with the established procedure.
3. CALCULATIONS OF THE PARTIES
3.1. Payment under this agreement is made by the Customer in advance by transferring funds to the Carrier’s account. The date of receipt of funds is confirmed by the Carrier in writing.
3.2. The amount payable for transport services provided by the Carrier is determined by agreement of the Parties in accordance with the Carrier’s tariffs and amounts to rubles (including VAT).
3.3. Costs necessary for transporting goods across toll bridges, roads, entrances, environmental posts, customs, etc. are paid by the Customer upon presentation of supporting documents (receipts, checks).
3.4. If the Customer, when accompanying the cargo, pays part of the costs with his own funds, then payment for the flight is agreed upon by the Parties when submitting the application in writing, detailing in the Application the conditions not provided for in this agreement.
3.5. If the Customer refuses to fulfill the order before the hour of the day preceding the day of its execution, the Carrier returns the paid funds with the deduction of % of the amount paid.
3.6. The amount payable for additional services provided by the Carrier is determined as follows:
3.6.1. Loading and unloading operations are paid at a rate based on certificates of completed work (services).
3.6.2. Additional services related to the involvement of third-party vehicles in accordance with clause 1.2 of this agreement are determined in the amount of % of the amount specified in clause 3.2 of this agreement.
3.6.3. Sanitation of a vehicle for transporting food products is paid according to the tariff.
3.7. Documents confirming the performance of services are waybills signed by the Customer, receipts for the completion of work (services), acts of additional work and services, and approved applications.
3.8. Tariffs for the transportation of goods and other services may change due to an increase in the cost of transportation, as well as other circumstances that determine the price level. The Carrier reserves the right to change the current tariffs by notifying the Customer in writing.
3.9. If the Customer, due to his omission, did not note the actual time of arrival or departure of the car in the waybill, the Carrier, when calculating the fee for transport services, takes as a basis the time the car left the parking lot and the time the car returned to the parking lot.
3.10. For violation of the payment deadline, the Customer pays a penalty in the amount of % of the payment amount for each day of delay.
4. CONDITIONS OF ACCEPTANCE AND DELIVERY OF CARGO AND TRANSPORTATION
4.1. When accepting cargo for transportation, the Carrier’s driver presents, and the Customer checks, the Carrier’s identification documents and a waybill certified by the Carrier’s seal.
4.2. Acceptance of cargo for transportation is carried out on the basis of a bill of lading of the established form drawn up by the Customer in 4 copies, which is the main transportation document. Cargo that is not documented with a consignment note will not be accepted for transportation by the Carrier.
4.3. If the cargo is not accompanied by a representative of the consignee or owner of the cargo, financial responsibility for the safety of the cargo during its transportation rests with the Carrier.
4.4. If a shortage or damage to the goods is detected during transportation, the Customer draws up an act upon acceptance of the cargo, on the basis of which the Carrier compensates for losses.
5. VALIDITY OF THE AGREEMENT. CHANGES AND ADDITIONS TO THE TERMS OF THE AGREEMENT
5.1. The Agreement comes into force from the moment it is signed by the Parties.
5.2. During the validity of this agreement, the Parties have the right to make changes and additions. Amendments and additions to this agreement, drawn up in writing and signed by the Parties, are an integral part of it.
6. FINAL PROVISIONS
6.1. This agreement may be terminated at the initiative of either Party. In this case, it is necessary to notify the other Party in writing no later than days in advance.
6.2. Disputes and disagreements arising during the implementation of the Agreement are resolved, if possible, through negotiations between the Parties. If a dispute or disagreement cannot be resolved through negotiations, either Party has the right to submit such a dispute or disagreement to the court, which has jurisdiction and jurisdiction over disputes arising from this Agreement.
6.3. For damage caused in connection with the execution of this agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.
6.4. The Agreement is drawn up in two copies, one for each of the Parties, both copies have equal legal force.
7. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Carrier
Customer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:
8. SIGNATURES OF THE PARTIES
Carrier _________________
Customer_________________
The contract for the provision of transport services is below. You can also read this interesting article that will help the carrier protect itself from unscrupulous clients:
AGREEMENT
for the provision of motor transport services No.
Saint Petersburg" "___________ 2014
LLC "__________________" represented by the General Director ________________________________________________, 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 the other parties, each individually or collectively referred to respectively as the “Party” and/or “Parties”, have entered into this Agreement as follows:
1. The Subject of the Agreement
1.1. In accordance with this agreement, the Contractor undertakes to provide the following services related to the transportation of the Customer’s goods, on the terms specified in this Agreement and its annexes:
- Organize urban transportation of the Customer’s goods by road along the routes 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 Consignee's warehouse” - delivery of cargo from the place of loading of the rolling stock to the Consignee's warehouse specified by the Customer.
1.3. The Contractor provides services on the basis and in accordance with the Customer’s Application, which is drawn up in any form agreed upon by the parties.
1.4. The Contractor organizes 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. Responsibilities of the parties
2.1. Responsibilities of the Contractor:
2.1.1. Accept Applications for the transportation of the Customer's goods no later than 8 hours before the stated time of delivery of rolling stock for loading.
2.1.2. Accept the Customer's Application by filling out the appropriate fields and affixing the signature of the Contractor's authorized person, and no later than 4 hours after receiving it, send the accepted Application to the Customer by post or fax. The Contractor has the right to refuse (the refusal must be motivated) from fulfilling the Application, which he informs the Customer within 1 (one) hour from the receipt of the Application by post or fax.
2.1.3. Ensure timely delivery of rolling stock that is serviceable and suitable for transportation for loading.
2.1.4. Ensure acceptance of cargo for transportation according to properly executed shipping documents. The Contractor accepts the cargo at the shipper's warehouse (only if the warehouse packaging is intact).
2.1.5. Ensure timely delivery of goods to destinations.
2.1.6. The Contractor is obliged to fulfill the obligations assumed in strict accordance with the Customer’s instructions.
2.1.7. Upon execution of the Application, the Contractor draws up a Certificate of Acceptance of Services Rendered, which it sends to the Customer. The Customer must, within 2 (two) banking days from the date of its receipt, sign the received Certificate or send a reasoned refusal to the Contractor.
2.1.8. If there is a possibility (threat) of unauthorized access to the cargo by unauthorized persons, the Contractor takes the necessary measures to ensure the safety of the cargo. In the event 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 about the incident.
2.2. Responsibilities of the Customer:
2.2.1. Submit transportation requests in a timely manner. The application is made in writing and sent to the Contractor by fax, or communicated orally by telephone, no later than 17 (Seventeen hours) prior to the transportation of the Customer's cargo.
2.2.2. Before the arrival of the rolling stock for loading (unloading), prepare the cargo for transportation (pack and package it properly, group it by consignees and unloading points), prepare passes for the right of passage to the place of loading (unloading), as well as provide the Contractor or his representatives (drivers of rolling stock) with correctly executed and fully completed shipping documents (bill of lading, consignment note, certificates, etc.), indicate reliable information about the cargo in the shipping documents, in accordance with the rules of cargo transportation. The consignment note, drawn up in two copies, is the main transportation document according to which this cargo is written off by the consignor and received by the consignee.
2.2.3. Provide the Contractor or its representatives (drivers of rolling stock) with correctly executed and fully completed shipping documents, indicate reliable information about the cargo in the shipping documents, in accordance with the rules of cargo transportation.
2.2.4. Carry out loading (unloading) of rolling stock on your own (or require this from consignees) in compliance with safety precautions and conditions that ensure the safety of cargo and rolling stock, as well as securing the cargo, while preventing the rolling stock from being idle beyond the established time limits.
2.2.5. Ensure access roads to loading (unloading) points, as well as loading and unloading areas, are in good condition, ensuring free and safe movement and maneuvering of rolling stock at any time of the day, in accordance with current requirements and standards.
2.2.6. Ensure the loading of rolling stock within the limits of total weight and other established standards for loaded vehicles in the Russian Federation. Before loading, check the suitability of the rolling stock for transporting this type of cargo.
2.2.7. Immediately inform the Contractor orally and in writing about changes in the schedule, volumes, range of transportation or loading (unloading) points. In case of redirection of cargo or refusal of the consignee to accept it, immediately give the Contractor written instructions on further actions.
2.2.8. Timely and in full pay the cost of the Contractor's services in the manner and under the conditions 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 directed Customer accounts. 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 work (services) expressed in foreign currency, the Customer pays the cost of actually rendered services to the Contractor’s account in Russian rubles at the 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 payment of invoices issued by the Contractor, the Contractor may refuse to provide services under this Agreement until the Customer fully fulfills its obligations.
3.5. The Customer pays the Contractor's invoices to his bank account within 5 banking days from the date of receipt of the invoice.
4. Responsibility of the parties
4.1. The Contractor bears full responsibility for 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 shipper’s warehouse until it arrives at the warehouse of the Consignee specified by the Customer. In the event 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 value indicated in the shipping documents. To prove 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 representatives of the Contractor, independent expert opinions on the causes of damage/shortage of the Cargo, a certificate of integrity/damage to the seal on the vehicle, other documents that clearly indicate the fact of damage/shortage of the Cargo and the Contractor’s responsibility for such damage. The Contractor is obliged to reimburse the cost of lost or damaged cargo within 15 (fifteen) working days from the date the Customer provides documentary evidence of loss or damage to the cargo.
4.3. In case of failure or untimely delivery by the Contractor of the rolling stock for loading (more than 6 hours) or delivery in a condition unsuitable for transportation of this cargo, as well as for delay in delivery of the 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 for services provided under this agreement, the Customer is obliged to compensate 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 a consequence of force majeure circumstances (force majeure) and arose after the submission of the relevant Application as a result of extraordinary events that the parties could neither foresee nor prevent by reasonable measures. Under no circumstances will the Customer be exempt from payment for services actually provided 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.
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Agreement on the provision of transport services for the carriage of goods
road transport No. ___
Moscow “___” ____________ 2018
CUSTOMER: LLC "Company", represented by the General Director Last Name First Name Patronymic (in the genitive case), acting on the basis of the Charter on the one hand and, CONTRACTOR: individual entrepreneur Last Name First Name Patronymic, acting on the basis of the Certificate on the other hand, collectively referred to as the “Parties” , have drawn up this Agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Customer instructs, and the Contractor undertakes, the organization of transportation of goods in urban, suburban and intercity road transport.
1.2. The name of the cargo and its characteristics, the number of pieces, the weight of the cargo, its declared value, the address of delivery of vehicles for loading and unloading, the consignee, the date and time of the start of loading, as well as all additional information necessary for the organization and implementation of transportation, are indicated by the Customer in the Application ( Appendix No. 2 to this Agreement).
2. OBLIGATIONS OF THE CONTRACTOR
2.1. Under this Agreement, the CONTRACTOR is obliged to:
2.2. Organize the transportation of goods by road, following the route agreed by the Parties in the application.
2.3. Ensure the delivery of technically sound and suitable for transportation of the Customer's cargo for loading at the place and time specified in the application.
2.4. If the Contractor provides vehicles that are unsuitable for transporting the Customer’s cargo, the Contractor’s employee, if possible, eliminates the deficiencies that impede the transportation of cargo. If it is impossible to eliminate the deficiencies on site, the Contractor will replace the vehicle as soon as possible. The customer has the right to refuse, without incurring financial liability, the submitted vehicle if its parameters differ from the parameters specified in the Application and do not allow the transportation of cargo.
2.5. The Contractor, represented by the driver of the vehicle, has the right to refuse to overload in excess of the required weight specified in the Application. In this case, the Customer is obliged to eliminate overloading of vehicles. If the Contractor agrees to take overload, payment for overload of vehicles is carried out according to the agreement.
2.6. If it is impossible to supply vehicles due to unforeseen circumstances, the Contractor is obliged to immediately inform the Customer about this and provide other vehicles without additional payment.
2.7. Deliver the cargo to its destination and hand it over to the consignee.
2.8. Forward cargo at the request of the Customer and check (recalculate) the cargo according to invoices or other documents of the Customer for an additional payment (by agreement of the Parties).
2.9. Provide the Customer with advice on improving the efficiency of transportation through the selection of rational routes, loading and unloading and other operations.
2.10. The Contractor has the right to refuse to accept cargo that, by its nature, requires special conditions of transportation, security, or cargo that is dangerous by nature.
3. RESPONSIBILITIES OF THE CUSTOMER
Under this Agreement, the CUSTOMER is obliged to:
3.1. Be guided by the standard requirements for domestic transportation of goods, the Civil Code of the Russian Federation, the Federal Law of the Russian Federation of November 8, 2007 N 259-FZ “Charter of Road Transport and Urban Ground Electric Transport”.
3.2. The Customer guarantees that he is the legal owner of the cargo, that the cargo does not have any attachments that are prohibited or have restrictions for transportation by road on the Contractor’s terms in accordance with the current legislation of the Russian Federation.
3.3. If the cargo is presented for transportation with a declared value and the declared value of the cargo exceeds the amount of 100,000 (one hundred thousand) rubles, insurance of this cargo is mandatory. Insurance is carried out by the Client in the insurance company chosen by him and at the expense of the Client.
3.4. Submit an application in writing (via email) indicating all the necessary data no later than 17.00 on the day preceding the day of loading. The parties have the right to refuse delivery of vehicles without compensation for damage/losses, no later than 18.00 hours of the day preceding the day of loading.
If the Customer is not ready to load/unload on the agreed day, the Customer is obliged to notify the Contractor no later than 5:00 p.m. on the day preceding the day of loading. Otherwise, the Customer is obliged to pay the Contractor for losses associated with the supply of vehicles in the amount of 50% of the minimum order price for this vehicle.
3.5. Provide unobstructed access roads to the loading/unloading area. Timely and properly prepare documents (passes) for the right of entry and exit of vehicles at loading/unloading points.
3.6. Before the arrival of vehicles for loading, prepare the cargo for transportation (pack, label). In case of refusal of the required container/packaging, the Customer is responsible for all consequences of spoilage, damage and loss.
3.7. Issue to the Contractor shipping documents, or certified copies of them for the cargo, necessary to accompany the cargo (power of attorney for the carriage of cargo, invoices, certificates of conformity and safety, invoices, passports, etc.) and carry out customs, sanitary and other types of state control.
3.8. Timely 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 Contractor to fulfill its obligations under the Agreement, including numbers/addresses of communication means (telephone, e-mail).
3.9. Accept the delivered cargo or ensure its acceptance by the consignee, if the Customer is the sender of the cargo. If the consignee specified in the Application is not at the destination, or the consignee refuses to accept the cargo, pay the Contractor's expenses for delivering the cargo to the destination, returning the cargo to the point of departure, as well as the costs of storing the cargo.
4. COST OF SERVICES AND PAYMENT PROCEDURE
4.1. The cost of the Contractor's services is indicated in Appendix No. 1 to this Agreement or is agreed upon for each transportation separately in the Application (Appendix No. 2).
4.2. The Customer pays all unforeseen and documented expenses of the Contractor, additionally incurred by him in the process of executing this Agreement and legally paid by the Contractor, including downtime/driving of vehicles due to reasons beyond the control of the Contractor, arrival of vehicles at several addresses when delivering cargo from/to The Customer, entrances to the loading/unloading area, etc. All expenses incurred in the interests of the Customer are included by the Contractor in the invoice.
4.3. Payment for services for organizing the transportation of goods is made by the Customer in accordance with the issued invoices within 5 (five) banking days from the date of receipt of the invoice by transferring funds to the Contractor's bank account.
4.4. An invoice for services provided can be made by the Contractor both for an individual transportation and for a certain period during which the transportation was carried out. The Contractor provides the Customer with an invoice by email, the Customer undertakes to pay it within 5 days from the date of receipt.
4.5. The acceptance certificate for the services provided must be agreed upon and approved by the Customer within 5 (five) days from the date of receipt. The fact of receipt of the act is a receipt issued by the Customer’s employee, or confirmation by the Customer’s employee of receipt of the act by e-mail.
4.5.1. If the Customer does not notify the Contractor about changes in the act, then, after 5 (five) days from the date of receipt, the act is considered approved.
4.5.2. If, when agreeing and approving the act, discrepancies in cost are discovered, then the next invoice is issued taking into account the identified discrepancies. In the event of a one-time transportation or termination of this Agreement, the Contractor shall reimburse the overpaid funds.
4.6. If the Customer fails to pay the invoices issued by the Contractor or the Customer has other debts to the Contractor, the latter has the right to retain the cargo at its disposal until payment of remuneration and reimbursement of expenses. In this case, the Customer also pays the costs associated with retaining the property. For any damage to the cargo resulting from its retention by the Contractor, in the cases provided for in this paragraph, the Customer is responsible.
4.7. By agreement of the Parties, amounts intended to cover the Contractor's expenses may be paid by the Customer in advance payment (advance payment).
5. RESPONSIBILITY OF THE PARTIES
5.1. Responsibility of the Contractor:
5.1.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Contractor shall be liable on the grounds and in the amount determined in accordance with the current legislation of the Russian Federation.
5.1.2. For non-delivery of vehicles, in accordance with the Customer’s application, the Contractor is responsible in the amount of 50% of the minimum order price for this vehicle. In this case, the Contractor is not relieved of the obligation to provide vehicles. Failure to submit is considered to be the Customer’s refusal of the Contractor’s vehicle if it is late by more than 4 (four) hours in accordance with the Application.
5.1.3. For late delivery of vehicles, the Customer has the right to demand that the Contractor pay a penalty in the amount of 5% of the minimum order price for this vehicle for each hour of delay.
5.1.4. The Contractor is not responsible for incorrectly declared cargo, as well as for shortage of cargo if the outer packaging is intact and (or) the Customer’s seals are broken.
5.1.5. In the event that the Customer orders the “Cargo Forwarding” service, the Contractor is liable to the Customer in the form of compensation for actual damages for loss, shortage or damage (spoilage) of the cargo after its acceptance by the Contractor and before the delivery of the cargo to the consignee or his authorized person, unless he proves that the loss, shortage or damage (spoilage) of the cargo occurred due to circumstances that he could not prevent and the elimination of which did not depend on him.
If the Contractor proves that the violation of the obligation is caused by improper execution of the Contracts of Transportation, then its liability to the Customer is determined according to the same rules according to which the corresponding carrier is responsible to the Contractor.
5.2. Customer's responsibility:
5.2.1. The customer is responsible for refusing to order a vehicle later than 18:00 on the day preceding the day of transportation in the amount of 50% of the minimum order price for this vehicle.
5.2.2. The Customer is responsible for the correctness, reliability and completeness of the information necessary for the execution of the Agreement (including the indication of the name of the cargo); in the event of the absence, insufficiency or unreliability of this information, the Customer pays fines for the return, storage, redirection of cargo and other services organized by the Contractor.
5.2.3. The Customer is responsible for the correctness and accuracy of filling out invoices and other documents drawn up for the execution of the Agreement.
5.2.4. The Customer is responsible for losses caused to the Contractor in connection with failure to fulfill the obligation to provide information specified in this Agreement.
5.2.5. For delays in payment of invoices issued by the Contractor and reimbursement of expenses incurred by him on behalf of the Customer for more than 5 (five) banking days, the Contractor has the right to charge the Customer a penalty in the amount of 0.5% (zero point five percent) of the amount of the invoice issued by the Contractor for each day of delay.
5.3. Responsibility of the Parties:
5.3.1. The parties are released from liability for complete or partial failure to fulfill their obligations if such failure is a consequence of force majeure circumstances, i.e. extraordinary and unpreventable circumstances under the given conditions that arose against the will and beyond the control of the Parties, such as: flood, earthquake, other natural disasters, war or hostilities, embargoes, mass strikes, disasters, air temperature dropping below minus 35 degrees Celsius, changes or the emergence of new legislative acts that arose after the conclusion of this Agreement, actions of the government and public authorities that prevent the Parties from fulfilling their obligations.
5.3.2. The Party for which it is impossible to properly fulfill its obligations under this Agreement is obliged, immediately from the moment of detection, to notify the other Party of the beginning and termination of force majeure circumstances.
5.3.3. If any of such circumstances directly affects the fulfillment of obligations within the period stipulated in this Agreement, then this period, by written agreement of the Parties, is proportionately extended for the duration of the relevant circumstance. In this case, the Parties do not have the right to demand compensation from each other for possible losses.
5.3.4. All legal and financial liability for the delay of a vehicle en route by employees of internal affairs bodies, associated with the absence or incorrect execution of documents for cargo/vehicles, falls on the Party that prepares the relevant documents, and in the case of documents for vehicles, on the Contractor.
5.3.5. If the Customer or his representative discloses information under this Agreement relating to financial relations to third parties, including drivers or loaders from the Contractor, the Customer shall pay the Contractor a penalty in the amount of 50,000 rubles.
5.3.6. If the Customer enters into an agreement (oral or written) for the provision of services with a driver or loader from the Contractor directly, bypassing the Contractor, the Customer pays the Contractor a penalty in the amount of 50,000 rubles.
6. DISPUTE RESOLUTION PROCEDURE
6.1. Disputes and disagreements that may arise during the execution of this Agreement will be resolved through joint negotiations between the Parties based on the principles of mutual respect and recognition of the rights of the other Party.
6.2. If the Parties during the negotiations do not reach agreement on resolving controversial issues, the dispute is referred to the Moscow Arbitration Court for consideration in accordance with the current legislation of the Russian Federation.
6.3. Telegraphic and postal (including electronic) notices have documentary significance in subsequent claims proceedings in arbitration and judicial authorities between the contracting Parties, if any.
6.4. Agreements, acts, applications, invoices and other documents transmitted by email in word, pdf, jpeg, jpg, gif, png, tiff, txt, zip, rar formats have the legal force of the original.
7. TERM AND PROCEDURE OF THE AGREEMENT
7.1. This Agreement comes into force from the moment of its signing and is valid until December 31, 2018.
7.2. The Agreement is automatically extended for the next calendar year unless either Party declares its termination in writing no later than 30 days before the expiration of the Agreement.
7.3. Any changes, additions and claims to this Agreement are valid only if they are in writing and signed by authorized representatives of both Parties. For the purposes of this Agreement, by written form the Parties understand both the preparation of a single document and the exchange of letters (including electronic ones), telegrams, messages using fax communications, allowing the identification of the sender and the date of departure.
7.4. In case of early termination of the Agreement, a Settlement Certificate is drawn up. Each Party is obliged to return the agreed amount (advance payment) to the second Party within 3 banking days.
7.5. In everything that is not specified in this Agreement, the Parties are guided by the current legislation of the Russian Federation.
7.6. This Agreement is drawn up in 2 (two) copies having equal legal force, one copy for each Party.
8. LEGAL ADDRESSES AND DETAILS OF THE PARTIES
CUSTOMER:
EXECUTOR:
CUSTOMER:
LLC "Company"
CEO
____________________ / FULL NAME.
EXECUTOR:
Individual entrepreneur Full name
____________________ / FULL NAME.
Contract for the carriage of goods by road: general provisions
The service for the delivery of goods by motor transport must be carried out, including taking into account the requirements of the Charter of motor transport and urban ground electric transport No. 259-FZ dated 08.11.2007 (hereinafter referred to as the Charter) and the Rules for the transportation of goods by motor transport, approved by Decree of the Government of the Russian Federation No. 272 dated 15.04.2011 ( hereinafter referred to as the Rules).
The parties to the agreement are:
- a carrier who undertakes to transport the cargo entrusted to him to the specified destination and hand it over to the recipient (for details about this party to the contract of carriage, see the article Obligations of the carrier under the contract for the carriage of goods);
- the shipper, whose responsibility is to pay for the services provided for the transportation of goods (clause 1, article 785, part 2 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation).
The contract is real, since its conclusion occurs through the carrier’s acceptance of an order for execution (or an application from the sender of the cargo if there is an agreement on the organization of cargo transportation) (Clause 5, Article 8 of the Charter).
The contract for the carriage of goods is drawn up in simple written form, the conclusion is certified by the waybill drawn up by the sender (clause 1 of article 8 of the Charter, paragraph 2 of clause 6 of the Rules).
The specified agreement is of a paid nature (clause 1, article 785 of the Civil Code of the Russian Federation, clause 8 of the Rules).
The transportation of goods by public vehicles is recognized as a public contract (Article 426 of the Civil Code of the Russian Federation), i.e., an organization or individual entrepreneur carrying out such cargo transportation is obliged to provide this service upon request from any citizen or legal entity.
Contract for the carriage of goods by road: essential conditions
Based on the general provisions of civil legislation and established judicial practice, the essential terms of a contract for the carriage of goods by road include the following:
- The subject of the agreement (Article 432 of the Law of the Civil Code of the Russian Federation) is transport services duly provided by the carrier and paid by the sender in accordance with the agreement. It is necessary to distinguish between the subject (transportation services) and the object of the contract (cargo). The contract may be considered by the court not concluded if the quantitative or qualitative characteristics of the cargo are not indicated, see, resolution of the AS PO dated October 14, 2014 in case No. A06-4158/2013.
- Deadlines for the provision of transport (Article 9 of the Charter) and presentation of goods (Clause 4 of Article 10 of the Charter) for transportation. If the delivery time of the cargo is not specified, the recipient must be guided by clause 63 of the Rules.
- Freight charges, although judicial practice is ambiguous. It is possible to recognize a contract without indicating the cost of carriage charges as either concluded (resolution of the 13th Autonomous Court in case No. A56-24768/2008 dated July 8, 2009) or not concluded (decision of the Kemerovo Region Autonomous Court dated December 4, 2009 in case No. A27-16638/2009 ).
- Point of departure and destination (resolution of the Federal Antimonopoly Service of the Eastern Military District dated April 22, 2009 in case No. A11-4929/2008-K2-22/259). On this issue, judges also do not have a clear opinion, for example, the resolution of the 17th AAS dated October 22, 2007 in case No. 17AP-7047/2007-GK from contains conclusions regarding the inclusion of only an indication of the destination as essential conditions.
Other terms of the contract for the carriage of goods by road
- Registration of a consignment note - the actual conclusion of a contract for the delivery of goods is confirmed by the sender’s execution of a consignment note (paragraph 2 of clause 6 of the Rules). Incorrect execution or loss of this document is not grounds for declaring the contract invalid or not concluded. The existence of a contractual relationship can be confirmed by other evidence (clause 20 of the resolution of the plenum of the RF Armed Forces of June 26, 2018 No. 26).
- Conditions on the responsibility of the parties - this clause is not always included in the text of the contract for the carriage of goods by road, since this issue is regulated in detail by civil legislation and the relevant Rules and Charter. Any agreements between the parties to the contract of carriage, the purpose of which is to limit or eliminate liability established by law, will be recognized as invalid, except in cases provided for by law (Article 37 of the Charter).
- Procedure and terms of settlements - in practice, there are cases where this block is recognized as one of the essential terms of the contract. It is recommended to include it in the text of the contract, because otherwise the contract may be recognized as not concluded on the basis of clause 1 of Art. 432 of the Civil Code of the Russian Federation. Provisions regulating the payment procedure are not contained either in the Charter or in the Rules for the carriage of goods by road.
An example that can be downloaded from the link will help you correctly draw up a contract for the carriage of goods by road:
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Thus, a contract for the carriage of goods by road must include a mandatory condition on the subject of the contract - a specific transport service, as well as on the obligation of the second party to make payment.
The question of including conditions such as the period for providing transport and presenting goods for shipment, indicating the amount of freight charge and the names of points of departure and destination is considered open due to the ambiguity of practice on this issue. At the same time, it is recommended to specify in the contract all the conditions under which disagreements may arise in the future, even if their materiality is not directly indicated in the legislation.
Drawing up a consignment note also plays an important role in recording the fact of execution of the contract and its terms.
