Standard contract for cargo transportation SP sample. Dispute resolution procedure. Freight Forwarding Agreement

Under the contract for the carriage of goods, the carrier undertakes to deliver the goods entrusted to him by the sender to the destination and issue it to the person authorized to receive the goods (recipient), and the sender undertakes to pay the established fee for the carriage of goods (paragraph 1 of article 739 of the Civil Code).

The contract is real, bilateral and paid. The charter agreement (charter), (Article 741 of the Civil Code), for sea transportation is consensual.

The contract of carriage by public transport, by virtue of a direct indication (clause 3 of article 743 of the Civil Code) is a public contract. The norms emphasizing the publicity of the contract of carriage by public transport are contained in transport charters and codes and non-codified laws. So, in accordance with Part 3 of Art. 18 of the Law of the Republic of Belarus "On Railway Transport" enterprises and organizations of public railway transport are not entitled to refuse transportation to a passenger, consignor of goods or baggage, who correctly issued travel and transportation documents, except as provided for by the Civil Code of the Republic of Belarus, as well as other acts of legislation of the Republic Belarus, including the Charter of the public railway transport. According to par. 3, paragraph 18 of the Charter of public railway transport Belarusian Railways, its enterprises do not have the right to refuse to accept an application for the carriage of goods if there are opportunities for their transportation.

Parties in the contract for the carriage of goods - the carrier and the consignor (consignor). Consignors can be any legal or natural persons. Carriers can be commercial organizations and individual entrepreneurs who have a special permit (license) to carry out transportation activities. In accordance with the List of activities for which special permits (licenses) are required and the state bodies and state organizations authorized to issue them, approved by Decree of the President of the Republic of Belarus dated July 14, 2003 No. 17, activities in the field of automobile, inland waterway , sea transport (excluding intra-republican transportation for own needs).

The legal literature deals with the issue of legal status consignee. In those rare cases when the consignor and consignee are the same in one person, no questions arise. The most common opinion is that the parties to the contract for the carriage of goods are the carrier and the consignor, and the contract for the carriage of goods itself is an agreement in favor of a third party (consignee). 204

Thing contracts for the carriage of goods - services for the delivery of goods to the destination. Identification of the subject of the contract for the carriage of goods is important for the purposes of classifying civil contracts. The contract for the carriage of goods is one of those civil law contracts, the subject matter of which has a complex multi-level structure. There is no doubt that the actions to move cargo in space are the main thing that characterizes the service in the contract for the carriage of goods. However, the movement of cargo is often accompanied by the performance of actions necessary for the movement of cargo or prior to the movement of cargo (loading and unloading, transshipment, storage, etc.), which may be the subject of other civil law contracts, such as storage and paid services. Therefore, in this case, the main classifying feature should be singled out, and here it is the movement of cargo in space. All other signs have only a clarifying norm-forming value. 205

Form of contract for the carriage of goods. In accordance with paragraph 2 of Art. 739 of the Civil Code, the conclusion of a contract for the carriage of goods is confirmed by the preparation of a consignment note (bill of lading or other document for the goods provided for by the transport charter or code, other acts of legislation). The requirements for the form of a bill of lading for certain types of transportation are established by transport charters and codes, as well as the rules for the carriage of goods by certain types of transport.

Term in a contract for the carriage of goods. In ch. 40 of the Civil Code contains only a general rule that the carrier is obliged to deliver the goods to the destination within the time limits specified in the manner prescribed by law, and in the absence of such terms - within a reasonable time (Article 746 of the Civil Code). The terms of cargo delivery are determined according to the rules on the terms and procedure for the delivery of cargo, contained in transport charters, codes and rules for the carriage of goods. It is necessary to distinguish between the term of the contract, when the contract is concluded if it is necessary to carry out transportation for a long period of time (Article 752 of the Civil Code) and the delivery time of the goods. The duration of long-term contracts is determined by agreement of the parties.

Price in the contract for the carriage of goods may consist of several components:

1. Carriage charge established by agreement of the parties, unless otherwise provided by law. At the same time, the freight charge for the carriage of goods by public transport is determined on the basis of tariffs approved in the manner established by transport charters and codes, as well as other legislation.

2. Payment for works and services performed by the carrier at the request of the cargo owner, not provided for by tariffs. The amount of such a fee is determined by agreement between the carrier and the cargo owner.

In accordance with paragraph 4 of Art. 744 of the Civil Code, the carrier has the right to withhold the goods transferred to him for transportation to secure the carriage due to him and other payments for transportation (Article 340 of the Civil Code), unless otherwise established by law or follows from the nature of the obligation.

According to paragraph 1 of Art. 745 of the Civil Code, the carrier is obliged to provide the consignor with serviceable vehicles in a condition suitable for the carriage of the corresponding cargo within the time period established by the contract. In this case, the consignor has the right to refuse submitted vehicles that are not suitable for the carriage of the corresponding cargo.

The consignor is obliged to pay a freight charge for the carriage of goods, and in cases provided for by the contract or legislation, a fee for works and services performed by the carrier and not provided for by tariffs.

With regard to contracts for the carriage of goods by certain modes of transport, transport charters and codes, as well as the rules for the carriage of goods, establish the rights and obligations of the parties characteristic of this type of carriage.

Responsibility under a contract for the carriage of goods. In accordance with paragraph 1 of Art. 747 of the Civil Code, in case of non-fulfillment or improper fulfillment of obligations for transportation, the parties shall bear the responsibility established by the Civil Code and other acts of legislation, as well as by agreement of the parties.

Any agreements between the carrier and the cargo owner on the limitation or elimination of liability established by law are assumed to be invalid. The exception is cases where the possibility of such agreements is provided for by law.

Article 748 of the Civil Code indicates the liability of the carrier for failure to provide vehicles for the carriage of goods in accordance with the contract and the responsibility of the sender for failure to present the goods or non-use of submitted vehicles, established by law, as well as by agreement of the parties.

Force majeure, as well as other phenomena of a natural nature (fires, drifts, floods), hostilities, termination or restriction of the carriage of goods in certain directions, established in the manner prescribed by law and other cases provided for by law, relieve the carrier and the consignor from liability for failure to provide transport funds or non-use of the submitted vehicles.

The carrier shall be liable for the unsafety of the cargo that occurred after it was accepted for transportation and before its release to the consignee or a person authorized by him, unless he proves that the loss, shortage or damage (spoilage) of the cargo or baggage occurred due to circumstances that the carrier could not prevent and eliminate which did not depend on him.

In accordance with paragraph 2 of Art. 750 of the Civil Code, the damage caused during the transportation of cargo is compensated by the carrier: a) in case of loss or shortage of cargo - in the amount of the cost of the lost or missing cargo; b) in case of damage (spoilage) of 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; c) 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. In this case, the value of the cargo is determined on the basis of its price indicated in the seller's invoice or provided for in the contract, and in the absence of an invoice or indication of a price in the contract, on the basis of the price that, under comparable circumstances, is usually charged for similar goods. In addition, the carrier returns to the consignor (recipient) the carriage fee charged for the carriage of lost, missing, damaged or damaged cargo, if this fee is not included in the cost of the cargo.

Documents on the reasons for the non-safety of the cargo (commercial act, act general form etc.), drawn up by the carrier unilaterally, in the event of a dispute, are subject to evaluation by the court along with other documents certifying the circumstances that may serve as the basis for the liability of the carrier, sender or recipient of the cargo (clause 4 of article 750 of the Civil Code).

The terms of liability of participants in the obligation to transport are determined according to the rules of Ch. 25 of the Civil Code, as well as in accordance with the rules contained in transport charters and codes.

Features of contracts for the carriage of goods by certain modes of transport:

Railway transport. The main source of legal regulation is the Charter of public railway transport. The charter determines the procedure for drawing up, concluding and fulfilling contracts for rail transportation, the basic conditions for the carriage of goods, the basic rules for the operation of access roads, as well as the relationship of the Belarusian railway, its enterprises with enterprises and organizations of other types of transport.

For the carriage of goods by rail, a system of applications is characteristic, the procedure for filling and submitting which, their implementation and accounting are established by the rules for the carriage of goods.

The execution of contractual relations in the case of rail transportation of goods is distinguished by its own characteristics. In accordance with clause 30 of the Charter of Public Railway Transport, the consignor must provide the railway station of departure for each shipment of cargo with a completed waybill, consisting of sheets of the original waybill, the road list, the back of the road sheet, the receipt of cargo acceptance, which is a contract for the carriage of goods. If necessary, the consignor is obliged to provide documents of the "second order": documents for the implementation of customs procedures, a certificate and specification.

Confirmation of acceptance of cargo for transportation is a receipt issued by the railway station on the acceptance of cargo, in which a calendar stamp is affixed railway station.

The variety of goods handed over for transportation, significant differences in their characteristics and features of transportation predetermine the need for detailed regulation of relations related to the supply and determination of the suitability of wagons and containers. According to paragraph 40 of the Charter, the commercial suitability for the carriage of a particular cargo is determined by: wagons - by consignors, if loading is carried out by them, or by enterprises of the Belarusian Railway, if loading is carried out by these enterprises; containers, specialized wagons - by shippers. However, in any case, the enterprises of the Belarusian Railways are obliged to submit for loading wagons, containers that are technically serviceable, suitable for the carriage of a specific cargo.

The importance of the delivery time of cargo by rail increases with the increase in the length of the route. The calculation of the delivery time of the cargo starts from 24 hours of the day of acceptance of the cargo for transportation. The cargo is considered to be delivered on time if it is unloaded at the railway station of destination by the enterprise of the Belarusian Railways or if the wagon, container with the cargo is delivered to the consignee for unloading before the expiration of the established delivery period (clause 51 of the Charter).

The consignee of clause 55 of the Charter is obliged to accept and withdraw from the railway station the cargo that has arrived at his address.

Section VII of the Charter contains rules on the responsibility of the Belarusian Railways, its enterprises, consignors, consignees. Thus, clause 110 of the Charter establishes responsibility for the failure of the enterprises of the Belarusian Railways to provide wagons and containers for transportation, failure to present cargo, non-use by the shipper of the wagons and containers provided, or refusal of the wagons and containers provided for by the application. At the same time, the amount of the fine to be paid depends on the carrying capacity of the wagons and containers.

Automobile transport. In accordance with Art. 3 of the Law of the Republic of Belarus "On Road Transport and Road Transportation" the legislation on road transport and road transport is based on the Constitution of the Republic of Belarus and consists of the Civil Code of the Republic of Belarus, the Law of the Republic of Belarus "On the Basics of Transport Activities", the Law "On Road Transport and Road Transportation and other legislative acts.

The relationship of a road carrier and an individual who intends to conclude (signed) a contract for the carriage of a passenger or cargo by road or a charter contract solely for personal, household, family and other needs not related to entrepreneurial activities is subject to consumer protection legislation.

Features of regulation of road transportation of dangerous goods are determined by legislation in the field of transportation of dangerous goods.

Road transport is divided into intra-republican and international road transport.

To intra-republican road transport includes:

urban road transport;

suburban road transport;

intercity intra-regional road transport;

intercity interregional road transport.

Urban road transportation - road transportation carried out within the city (settlement) and beyond it to the points established by the decision of local executive and administrative bodies.

Suburban road transport - road transport that cannot be classified as urban road transport and is carried out within the administrative boundaries of the district or beyond it with a route length of not more than 50 kilometers, measured from the borders of the city (settlement), which is the starting point of the route.

Intercity intra-regional road transport - road transport that cannot be classified as urban or suburban road transport and is carried out within the administrative boundaries of the region of the Republic of Belarus.

Intercity interregional road transport - road transport that cannot be classified as urban or suburban road transport and is carried out across the territories of two or more regions of the Republic of Belarus.

Automobile transportation of passengers can be carried out in regular or irregular traffic.

Automobile transportation of passengers in regular traffic - systematic automobile transportation of passengers, performed according to schedules or intervals of movement of vehicles with established start and end of work on certain routes with pick-up and drop-off points for passengers, equipped in accordance with the requirements of technical regulatory legal acts.

Automobile transportation of passengers in regular traffic is divided into automobile transportation of passengers by public transport and other automobile transportation of passengers in regular traffic.

Road transport of passengers in non-scheduled traffic - road transport of passengers that cannot be classified as road transport of passengers in regular traffic.

Road transport communications, logistics requirements predetermine the need for the rational use of vehicles for the transport of goods.

The conclusion of the contract for the carriage of goods by road is carried out in the manner prescribed by the Rules for the carriage of goods by road, and is confirmed by the preparation of a consignment note or other transport document. Incorrectly drawn up bill of lading or other transport document, as well as their loss does not affect the validity of the concluded contract for the carriage of goods by road.

In accordance with Art. 42 of the Law “On Road Transport and Road Transportation”, the road carrier is obliged to submit, within the time period established by the contract for the road transport of goods, the charter agreement for the road transport of goods or the agreement on the organization of road transport of goods, a serviceable vehicle for loading in a condition suitable for the road transport of the relevant cargo. At the same time, the consignor has the right to refuse the timely filed for loading vehicle if it does not comply with the terms of the contract or is unsuitable for the road transport of the relevant goods.

If a vehicle submitted for loading in a timely manner does not comply with the terms of the contract or is unsuitable for the carriage of the relevant goods by road, then such a vehicle is considered not submitted for loading.

The time for filing a vehicle for loading is calculated from the moment the vehicle arrives and the driver of the vehicle presents the waybill to the consignor.

Transport documents in the performance of road transport of goods are recognized:

waybill;

consignment note;

international waybill "CMR" (CMR waybill), drawn up in accordance with the Convention on the Contract for the International Carriage of Goods by Road (CMR), adopted in Geneva on May 19, 1956;

order-order and other documents, in accordance with the law.

The use of the vehicle in the performance of road transport of goods is documented by waybill.

In order to carry out road transportation of goods of a commercial nature, a consignment note is issued, and in cases provided for by the Rules for road transport of goods, an order-order or other documents specified by the Rules for road transport of goods are issued.

Carriage of goods of a non-commodity nature by road is executed by making an entry in the waybill, and in cases provided for by the Rules for the Road Transport of Goods, by other transport documents specified by the Rules for the Road Transport of Goods.

Transport documents are issued in accordance with the procedure established by the Ministry of Finance of the Republic of Belarus in agreement with the Ministry of Transport and Communications of the Republic of Belarus, with the exception of issuing a CMR waybill, which is carried out in the manner established by the Ministry of Transport and Communications of the Republic of Belarus in agreement with the Ministry of Finance of the Republic of Belarus.

Responsibilities for compiling the waybill are assigned to the road carrier, the bill of lading - to the consignor, order-instructions - to the road carrier, unless otherwise provided by legislative acts or agreement of the parties.

If the legislation provides for the need to issue shipping documents (certificate of conformity, veterinary and phytosanitary certificates, certificate of origin of goods, etc.), the customer of the road transportation of goods is obliged to ensure that such documents, properly executed, are provided to the road carrier along with the transport document.

The road carrier is not obliged to check the correctness of the execution of shipping documents. At the same time, the road carrier is obliged to compensate for the losses incurred by the customer of the road transportation of goods in case of loss or improper use of shipping documents.

It is allowed to conclude a charter agreement for the carriage of goods by road, under which the carrier undertakes, at the request of the customer, to provide the customer for the carriage of goods by road (charterer) with all or part of the capacity of one or more vehicles for one or more flights for the carriage of goods by road (Article 38 of the Law) .

For non-fulfillment or improper fulfillment of obligations under a contract for the carriage of passengers or goods by road, a charter agreement for the carriage of passengers or goods by road, an agreement on the organization of transportation of passengers or goods, the parties shall bear liability established by the Law "On Road Transport and Road Transportation", other acts of legislation, and also by agreement of the parties. Thus, the carrier is responsible for the failure to deliver the vehicle, for the failure of the cargo or luggage, for the delay in the departure of the vehicle or the delay in its arrival at the destination when transporting passengers by road, for causing harm to the life or health of the passenger. The customer is responsible for non-use of the provided vehicles, as well as for other violations, when provided by law or by agreement of the parties.

Agreements of the parties on the limitation or elimination of liability established by law are invalid, except in cases where the possibility of such agreements is provided for by law.

When transporting dangerous goods by road, the consignor is obliged to indicate in the bill of lading data on the danger of the goods. basis legal regulation transportation of dangerous goods is the Law of the Republic of Belarus "On the Transportation of Dangerous Goods".

Sea transport. Modern maritime law is both inherently and terminologically distinguished by its traditions. Among other modes of transport, shipping by sea is the most subject to rule-making traditions that have developed over a very long period of time. The external history of maritime law begins with collections of maritime customs, partly within the boundaries of the Mediterranean Sea, partly off the northern coast of Europe. The history of maritime legislation opens with the famous Ordonnance de la marine, 1681, the scope of which was much wider than the scope of its legal force as a law. In the 19th century, with the general codification, the law of the sea was also given attention in commercial codes. 206

The basis of the legal regulation of relations arising in connection with the carriage of goods by ships, the use of ships for towing, the implementation of rescue operations, as well as other relations in the field of merchant shipping is the Merchant Shipping Code of the Republic of Belarus (KTM). If an international treaty of the Republic of Belarus establishes other rules than those provided for by the KTM, then the rules of the international treaty shall apply.

It is necessary to distinguish between a contract for the carriage of goods by sea, when the carrier undertakes to deliver the cargo entrusted to him by the sender to the port of destination and issue it to the person authorized to receive the cargo (recipient), and the sender undertakes to pay a stipulated fee (freight) for the carriage of cargo (Art. 80 KTM) and a charter agreement (charter) in which one party (the charterer) undertakes to provide the other party (the charterer) for a fee (freight) with all or part of the capacity of one or more vessels for one or more voyages for the carriage of goods by sea (Article 81 of the CTM).

When concluding an agreement on the organization of the carriage of goods by sea, when it is necessary for the implementation of systematic transportation (practiced on all modes of transport), the conditions for the carriage of goods by sea, specified in the agreement on the organization of the carriage of goods by sea, are considered included in the contract of carriage of goods by sea.

A document certifying the conclusion of a contract for the carriage of goods by sea and serving as evidence of acceptance by the carrier of the goods specified in this document - a bill of lading. Requirements for the content of the bill of lading are determined by Art. 87 KTM (name of the carrier and his location; name of the ship; place of loading and date of receipt of cargo at the port of loading; name of the consignor and his location; place of destination of the cargo or place of destination of the ship; name of the consignee, if indicated by the sender; name of the cargo, main marks required for its identification; description of the external condition of the cargo, etc.). A bill of lading can be issued in the name of a specific recipient (registered bill of lading), to the order of the sender or recipient (order bill of lading), or to the bearer.

A characteristic feature of legal relations for the carriage of goods by sea is the definition in the CTM of special interrelated conditions that affect the loading of cargo and remuneration, one of which is the time provided for loading (lay and counter lay time).

During the carriage of goods by sea, the procedure for placing cargo on a ship is regulated in a special way. In accordance with Art. 106 KTM cargo is placed on the ship at the discretion of the captain of the ship. In this case, the carrier is responsible for the correct placement, fastening and separation of cargo on the vessel.

One of the manifestations of the action of maritime customs are the norms of Art. 116 KTM, according to which the carrier is obliged to deliver goods in accordance with the route and terms specified in the contract, and in the absence of such an indication - in accordance with the usual route and within the usual time. At the same time, any deviation of the ship from the intended route (division) for the purpose of rescuing people, ships and cargo at sea, as well as any other reasonable deviation from the route, if it is not caused by incorrect actions of the carrier, is not considered a violation of the contract.

Characteristic features differ in the conditions and procedure for payments for the carriage of goods by sea. So, in the cases provided for by the contract, and if there is an appropriate clause in the bill of lading, the payments due to the carrier may be made by the recipient. The carrier has the right to retain the goods transferred to him for carriage by sea to secure the freight due to him and other payments for carriage, for example, demurrage (remuneration due to the carrier for demurrage of the vessel during counter lay time), unless otherwise established by law or follows from the nature of the obligation.

The amount of freight is established by agreement of the parties, unless otherwise provided by the legislation of the Republic of Belarus. In the absence of an agreement between the parties, the amount of freight is determined based on the rates applied at the place and at the time of loading the vessel. Loading more cargo than was provided for in the contract leads to an increase in freight. If, instead of the cargo provided for by the contract, another cargo is loaded onto the ship, the freight for the carriage of which is greater than that established by the contract, the freight for the carriage of the actually loaded cargo is paid. If the freight for the transportation of the cargo actually loaded onto the ship is less than the freight stipulated by the contract, the freight stipulated by the contract shall be paid.

Inland water transport. The legal, economic and organizational foundations of navigation on inland waterways of the Republic of Belarus are established by the Code of Inland Water Transport of the Republic of Belarus (IWT). Article 4 of the KVVT establishes the priority of an international treaty of the Republic of Belarus over the KVVT in the event that an international treaty of the Republic of Belarus that has entered into force establishes other rules than those contained in the KVVT.

Inland water transport is a mode of transport in which goods are transported along inland waterways using inland navigation vessels, mixed (river-sea) navigation vessels and small size vessels.

Under a contract for the carriage of goods by inland waterway transport, the carrier undertakes to deliver the goods entrusted to him by the consignor to the destination and issue it to a person authorized to receive the goods (consignee), and the consignor undertakes to pay the established fee for transportation (Article 69 KVVT).

The conclusion of a contract for the carriage of goods by inland waterway transport is confirmed by the drawing up of a bill of lading. In addition to the bill of lading, other shipping documents are issued that are mandatory for all persons involved in the carriage of goods by inland waterway transport. The forms and procedure for filling out such documents are established by the Rules for the Carriage of Goods by Inland Water Transport.

Prior to presenting the cargo for transportation, the shipper is obliged to prepare the cargo in such a way as to ensure the safety of transportation, its safety, as well as the safety of the ship and containers, rational use of the carrying capacity and capacity of the ship and containers.

The suitability of vessels and containers for the carriage of the presented cargo is determined by the consignor or a person authorized by him on the basis of the requirements established by the Rules for the Carriage of Goods. The rules for the carriage of goods also establish methods for stowage and securing of goods on ships, indicating the devices and materials necessary for loading, securing and transporting goods, as well as the standards for the provision of such devices and materials.

For the carriage of goods by inland water transport, a freight charge is charged, established by agreement of the parties, unless otherwise provided by the legislation of the Republic of Belarus. The freight charge is determined on the basis of tariffs. Works and services performed by the carrier at the request of the cargo owner and not provided for by tariffs are paid by agreement of the parties.

The term for the delivery of goods by inland water transport and the procedure for their calculation are determined in accordance with the Rules for the Transportation of Goods.

If there are grounds and in the manner prescribed by Art. 79 KVVT it is possible to restrict or stop the transportation of goods (force majeure, hostilities, quarantine, excessive accumulation of goods and ships in the port, etc.).

Air Transport. Legal relations for air transportation are more than other types of transportation are affected by public law principles, since the use of airspace is associated with the need to ensure aviation and environmental safety, efficiency of transportation and aviation work.

The basis of the legal regulation of air transportation is the Air Code of the Republic of Belarus.

The technical features and capabilities of air transport divide air transportation into domestic air transportation, in the implementation of which the points of departure, destination and landing are located on the territory of the Republic of Belarus and international air transportation, in the implementation of which the points of departure and destination are located respectively on the territories of two states or on the territory of one of the state, if the point (points) of landing on the territory of another state is provided.

Under the contract for the carriage of goods by air, the carrier undertakes to deliver the cargo or postal items entrusted to him by the consignor to the destination and issue them to the consignee or a person authorized to receive the cargo or postal items, and the consignor undertakes to pay for the air transportation of goods or postal items(part 3 of article 95 of the VC). It is allowed to charter an aircraft with the conclusion of a charter agreement (air charter), when one party (the charterer) undertakes to provide the other party (the charterer) for a fee to perform one or more flights one or more aircraft or part of an aircraft for air transportation of goods.

The contract for the carriage of goods by air is certified by a consignment note of the established form.

Payment for air transportation of goods is carried out on the basis of tariffs established when performing domestic air transportation in accordance with the law, and when performing international air transportation in accordance with international treaties of the Republic of Belarus. The list, size and procedure for calculating tariffs, rates and fees for the performance of work and the provision of services rendered by civil aviation are approved in the manner determined by the Council of Ministers of the Republic of Belarus. The amount of payment for the performance of work and the provision of services rendered by civil aviation, not provided for by the specified list, is established by agreement of the parties (Article 106 of the Air Code).

The term of delivery of cargo and postal items is determined by the aviation rules or the rules of air transportation established by the carrier, unless otherwise provided by the contract for the carriage of goods by air.

Free samples of claims, complaints, contracts, etc. site

CONTRACT

for the transportation of goods by car by territory Russian Federation in a person acting on the basis of , hereinafter referred to as " Carrier”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Customer”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The carrier ensures the movement of the Customer's cargo from the point of loading to the point of unloading on time and in full safety, and also undertakes to organize the execution additional services agreed with the Customer and related to the transportation of goods across the territory of the Russian Federation, and the Customer undertakes to pay for the above services.

2. GENERAL PROVISIONS

2.1. The relationship between the Carrier and the Customer is governed by the legislation of the Russian Federation and the Charter of Road Transport.

2.2. For each individual load, an application (transport order) is issued containing a description of the conditions and features of a particular transportation.

2.3. Confirmation of the fact of the provision of services is the act of services rendered, the original consignment note of the established form with the marks of the consignor, Carrier and consignee.

2.4. The Carrier is obliged to provide the Customer with the originals of the bill of lading with the mark of the consignee no later than the date of signing the act of services performed and before issuing an invoice for the delivery of goods under these waybills.

3. TRANSPORT PLANNING

3.1. The Customer informs the Carrier about the timing and volume of upcoming transportation, the number and type of rolling stock required. The information is transmitted by the Customer by facsimile in the form of an application (transport order), no later than the hours of the day preceding the day of loading the cargo, and additionally containing the following information:

• exact addresses of places of loading and unloading of cargo;
• date and time when the vehicle was loaded;
• weight and type of cargo, its quantity;
• addresses of the sender and recipient of the cargo, indicating contact numbers;
• other features of the transportation of a particular cargo.

3.2. The carrier confirms in writing the acceptance of the order for execution, indicating the numbers of the tractor and semi-trailer in the form of an e-mail during the day.

3.3. The conditions stipulated in a specific transport order have a priority right in relation to the conditions of this Agreement.

4. OBLIGATIONS OF THE CUSTOMER

4.1. The customer is obliged to indicate in his application all necessary information on transportation in the form specified in clause 3.1 of this Agreement, and guarantee the accuracy of the information transmitted.

4.2. The customer is obliged to ensure that the procedure for loading / unloading vehicles is carried out within hours, provided that the car arrives before 00:00 in the morning.

4.3. The customer is obliged to ensure the packaging and fastening of the cargo according to the standards that guarantee the safety of the cargo during transportation.

4.4. During the loading process, the Customer is obliged to contribute to the fulfillment of the Carrier's requirements for the rational placement of cargo in the cargo space of the vehicle in order to avoid violating the norms of weight parameters. In cases where the actual weight of the cargo exceeds that agreed in the transport order, the Customer pays the Carrier for reloading the total mass of the road train according to the receipts provided by the Carrier.

4.5. The Customer is obliged to immediately inform the Carrier about the need to re-address the vehicle, if any.

4.6. The Customer is obliged to pay for the services of the Carrier on the terms specified in this Agreement.

5. OBLIGATIONS OF THE CARRIER

5.1. The carrier carries out the transportation of goods by road across the territory of the Russian Federation on behalf of and at the request of the Customer, strictly observing the conditions of the order received, providing the required, technically sound rolling stock, provided with the necessary set of documents and drivers, in all respects, prepared for transportation.

5.2. The carrier is obliged to control by the driver the process of loading/unloading the vehicle, including piece counting of packages, if possible, checking the external condition of the package. If it is not possible to recalculate the places, and also if there are discrepancies between the actual data and those indicated in the accompanying documents, or if other shortcomings are detected during loading that may lead to damage to the cargo during transportation, the Carrier is obliged, without leaving the place of loading, to immediately notify about this of the Customer and make the necessary reasonable notes in all copies of the bill of lading.

5.3. The Carrier is obliged to inform the Customer about the curb weight of the vehicle and control the distribution of cargo along the axles. If the weight parameters are exceeded, the Carrier is obliged to immediately inform the Customer about this and agree on the form of payment for possible costs (fines).

5.4. The carrier is obliged to deliver the cargo entrusted to him by the Customer in accordance with the accompanying documents received by him at the place of loading, and hand it over to an authorized person at the unloading point in the amount specified in the bill of lading.

5.5. The carrier must comply trade secret the Customer, not to disclose or transfer commercial information to third parties.

5.6. The Carrier is obliged to immediately inform the Customer about all emergency situations that arise in the process of loading, transporting, unloading, including the facts of overloading the vehicle by weight, replacing the vehicle with another one, redirecting the vehicle, etc.

5.7. The carrier is obliged to immediately inform the Customer about the facts of excessive downtime of the vehicle during loading and unloading operations, forced delays of vehicles along the way, road accidents, accidents and other incidents that prevent the timely delivery of cargo or threaten its safety.

5.8. Upon arrival at the consignee at the unloading point, the driver (representative of the Carrier) checks the authority of the consignee's representative accepting the cargo (service ID, passport, if necessary, also a power of attorney to receive the cargo with the original seal of the consignee).

5.9. In the event of any discrepancy between the data specified in the Customer's application and the data of the representative of the consignee, as well as in the event that the Customer changes the place of unloading during transportation, the driver (representative of the Carrier) immediately informs the Carrier about this in order to receive further instructions from him, remaining in place and not starting movement and unloading of the vehicle.

5.10. Provide advice to the Customer on improving the quality of transportation by choosing rational routes, reducing the cost of packaging, loading and unloading and other operations.

5.11. Inform all participants in the transportation of the conditions and procedure for the transportation and maintenance of the Customer's goods.

6. RESPONSIBILITIES OF THE PARTIES

6.1. For non-provision of cargo for transportation (non-loading of the car within 24 hours) under the transferred transport order, the Customer pays the Carrier a fine in the amount of % of the cost of the trip specified in the application.

6.2. For non-delivery (delay for more than 24 hours) of the vehicle for loading, the Carrier pays the Customer a fine in the amount of % of the cost of the trip specified in the application.

6.3. For excess downtime of the vehicle during the loading/unloading procedure, the Customer shall pay the Carrier a fine in the amount of rubles for each day of downtime of the vehicle.

6.4. In case of delay in payments, the guilty party pays the creditor a penalty in the amount of % of the overdue amount for each full day of delay. Starting from the 31st day of delay, penalties are % of the overdue amount for each full day of delay.

7. PAYMENT PROCEDURE

7.1. Payment for services according to the prices specified in the appendix on the carriage of goods and other services related to the carriage of goods provided by the Carrier are made by the Customer on the basis of the original invoice, invoice and waybill with the note of the consignee on the acceptance of the goods to the account of the Carrier. The invoice must contain the TTN number.

7.2 The Carrier shall provide an act of completed work no later than days after the provision of the service.

7.3. The customer is obliged to pay for the completed transportation within banking days from the moment he receives the originals of the TTN, unless other terms are specified in the application.

8. DISPUTES RESOLUTION

8.1. In the event of disputes or disagreements that may arise from this Agreement or in connection with it, the parties will seek to resolve them through negotiations. If the parties do not come to an agreement, then all disputes are subject to resolution in the Arbitration Court in accordance with the Rules of the said court.

9. FORCE MAJOR

9.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if it was the result of force majeure circumstances (force majeure), namely: natural disasters, floods, fires, earthquakes, strikes, armed conflicts, wars.

9.2. The Party, for which it has become impossible to fulfill obligations under this Agreement due to the above circumstances, is obliged not later than days from the moment of their occurrence and termination in writing to notify the other Party.

9.3. Information about the occurrence of force majeure circumstances must be confirmed by the competent authority of the region where such circumstances occurred.

10. OTHER TERMS

10.1. This Agreement shall enter into force upon its signing and shall be valid for one calendar year.

10.2. The Agreement is automatically extended for each subsequent calendar year, if neither party declares its termination days before the expiration date, subject to the fulfillment of all previously accepted obligations under this Agreement.

10.3. This Agreement on four pages is drawn up in two copies in Russian. Both copies have the same legal force.

10.4. The parties agreed that the signature and seal on the contract received by fax is equal to the original.

11. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Carrier

Customer Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

12. SIGNATURES OF THE PARTIES

Carrier _________________

Customer _________________

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 features of regulation of transport operations provided for by individual modes of transport, and the contract for the carriage of goods is drawn up taking into account the features provided for by each mode of transport by the current legislation.

In addition, in the event of conflict situations related to the transportation of goods, in relation to carriers, along with other legislative acts, the Law of the Russian Federation “On Protection of Consumer Rights” applies.

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 cargo, 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 damages 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. Cargo transportation is paid for 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. 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-performance or improper performance of transportation obligations, the Parties shall bear the responsibility 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 be liable for the failure to present the cargo or the non-use of the submitted vehicles, as established by legal acts, as well as the following liability stipulated by the agreement of the parties: _________________________________________________

____________________________________________________________________.

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 stipulated 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 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 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 itself transport services is below. You can also read an interesting article that will help the carrier protect itself from unscrupulous customers:

CONTRACT

for the provision of motor transport services No.

Saint Petersburg« » ___________ 2014

LLC "__________________" represented by Director General _______________________________________, acting on the basis of the Charter, hereinafter referred to as the "Customer", on the one hand, and LLC "__________________" represented by the General Director _______________________________________, acting on the basis of the Charter, hereinafter referred to as the "Contractor", on the other hand, each individually or together referred to respectively as the "Party" and/or "Parties", have entered into this Agreement as follows:

1. The Subject of the Agreement

1.1. In accordance with this agreement, the Contractor undertakes to provide the following services related to the transportation of the Customer's goods, on the terms specified in this Agreement and its annexes:

• Organize urban transportation of the Customer's goods by road along the routes indicated by the Customer;
• Provide other services related to the transportation of the Customer's cargo in accordance with this Agreement and the current legislation of the Russian Federation.

1.2. The Contractor provides services on the terms - "from the door to the warehouse of the Consignee" - delivery of cargo from the place of loading of the rolling stock to the warehouse of the Consignee specified by the Customer.

1.3. The Contractor provides services on the basis of and in accordance with the Customer's Application, which is drawn up in any form agreed by the parties.

1.4. The Contractor organizes the urban transportation of the Customer's goods in accordance with this Agreement, and in cases not provided for by this Agreement, the parties are guided by Civil Code RF.

2. Obligations of the parties

2.1. Executor's Responsibilities:

2.1.1. Accept Applications for the transportation of the Customer's goods no later than 8 hours before the declared time for the delivery of the rolling stock for loading.

2.1.2. Accept the Customer's Application by filling in the appropriate columns and affixing the signature of the authorized person of the Contractor, and no later than 4 hours after receiving it, send the accepted Application to the Customer by mail or facsimile. The Contractor has the right to refuse (the refusal must be motivated) from the execution of the Application, which is reported to the Customer within 1 (one) hour from the receipt of the Application by mail or facsimile.

2.1.3. Ensure timely delivery of rolling stock that is serviceable and suitable for transportation.

2.1.4. Ensure the acceptance of cargo for transportation according to properly executed shipping documents. The contractor carries out the acceptance of the cargo at the warehouse of the consignor (only if the warehouse packaging is preserved).

2.1.5. Ensure timely delivery of goods to destinations.

2.1.6. The obligations assumed by the Contractor are obliged to fulfill in strict accordance with the instructions of the Customer.

2.1.7. Upon execution of the Application, the Contractor shall draw up an Acceptance Certificate for the services rendered, which shall be sent to the Customer. The Customer must, within 2 (two) banking days from the moment of its receipt, sign the received Act or send a reasoned refusal to the Contractor.

2.1.8. If there is a possibility (threat) of unauthorized access to the cargo by unauthorized persons, the Contractor takes the necessary measures to ensure the safety of the cargo. In case of damage or loss of cargo, the Contractor must involve the relevant competent authorities to documentation circumstances of the incident and immediately notify the Customer of the incident.

2.2. Customer Responsibilities:

2.2.1. Submit requests for transportation in a timely manner. The application is made in writing and sent to the Contractor's address by facsimile, or communicated orally by phone, no later than 17 (Seventeen hours) prior to the transportation of the Customer's cargo.

2.2.2. Prior to the arrival of the rolling stock for loading (unloading), prepare the cargo for transportation (pack and pack properly, group by consignees and unloading points), prepare passes for the right of way to the place of loading (unloading), as well as provide the Contractor or his representatives (drivers of the rolling stock) with correctly executed and completely completed shipping documents (waybill, waybill, certificates, etc.), indicate reliable information about the cargo in the shipping documents, in accordance with the rules for the carriage of goods. The bill of lading, drawn up in two copies, is the main transportation document, according to which this cargo is written off by the consignor and capitalized by the consignee.

2.2.3. Provide the Contractor or his representatives (drivers of the rolling stock) with correctly executed and fully completed shipping documents, indicate reliable information about the cargo in the shipping documents, in accordance with the rules for the carriage of goods.

2.2.4. Carry out loading (unloading) of the rolling stock on their own (or require it from the consignees) in compliance with safety regulations and conditions ensuring the safety of the cargo and the rolling stock, as well as securing the cargo, while not allowing the downtime of the rolling stock beyond the established time limits.

2.2.5. Ensure access roads to loading (unloading) points, as well as loading and unloading areas in good condition, ensuring free and safe movement and maneuvering of rolling stock at any time of the day, in accordance with applicable requirements and standards.

2.2.6. Ensure that the rolling stock is loaded within the norms for the total mass and other established norms for loaded vehicles in the Russian Federation. Before loading, check the suitability of the rolling stock for the transportation of this type of cargo.

2.2.7. Immediately inform the Contractor orally and in writing about changes in the schedule, volumes, nomenclature of transportation or points of loading (unloading). In case of redirection of the cargo or refusal of the consignee to accept, 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 on the terms provided for in this Agreement and its annexes.

3. Payment procedure

3.1. For the fulfillment of obligations under this Agreement, the Customer pays the Contractor the agreed costtransport services , the amount of which is determined based on the Contractor's tariffs specified in Appendix No. 1 to this agreement.

3.2. The cost of transport services is indicated in the directions Customer invoices. Settlements between the Parties are made in non-cash form (by transfer to the Contractor's bank account).

3.3. If there are contractual rates for the relevant works (services) denominated in foreign currency, the Customer pays the cost of actually rendered services on the account of the Contractor in Russian rubles at the exchange rate of the Central Bank of the Russian Federation on the date of payment of the invoice.

3.4. If the Customer has arrears in paying the invoices issued by the Contractor, the Contractor may refuse to provide him with services under this Agreement until the Customer fully fulfills its obligations.

3.5. The Customer pays the Contractor's invoices to his current account within 5 banking days from the date of receipt of the invoice.

4. Liability of the parties

4.1. The Contractor is fully responsible for the loss, damage or theft of goods.

4.2. The Contractor assumes responsibility for the safety of the cargo from the moment it is received at the consignor's warehouse until it arrives at the Consignee's warehouse specified by the Customer. In case of loss, shortage or damage to the cargo, the Contractor is obliged to reimburse the Customer for the cost of the lost or damaged cargo (or part thereof), according to the cost indicated in the shipping documents. As proof of the damage caused to the Cargo, the Customer is obliged to provide documentary evidence of the shortage or damage to the cargo, namely: acts of measurement, weighing, recalculation of the Cargo with the participation of the Contractor's representatives, conclusions of an independent examination on the causes of damage/shortage of the Cargo, certificate of integrity/damage of the seal on the vehicle, other documents, from which the fact of damage / shortage of the Cargo and the responsibility for such damage of the Contractor clearly follows. The Contractor is obliged to reimburse the cost of the lost or damaged cargo within 15 (fifteen) business days from the date the Customer provides documentary evidence of the loss or damage to the cargo.

4.3. In case of non-delivery or untimely submission by the Contractor of the rolling stock for loading (over 6 hours) or its submission in a condition unsuitable for the carriage of this cargo, as well as for a delay in the delivery of cargo, the Contractor pays the Customer a penalty in the amount of 5% of the amount due to payment for this application.

4.4. For non-payment or late payment of services rendered under this agreement, the Customer is obliged to reimburse a penalty in the amount of 0.5% of the unpaid or late paid amount, for each day of delay.

5. Force majeure

5.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement, if this failure was the result of force majeure circumstances (force majeure) and arising after the filing of the relevant Application as a result of extraordinary events that the parties could neither foresee nor prevent by reasonable measures. Under no circumstances shall the Customer be released from paying for the services actually rendered by the Contractor.

6. Dispute Resolution

6.1. The Parties will strive to resolve all disputes and disagreements that may arise from this Agreement through negotiations and consultations.

______________ "___" __________ 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 concluded this Agreement as follows:

1. THE 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 on the territory of the Russian Federation and on the territory of foreign states.

Clause 1 of Art. 164 of the 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 the conditions of transportation, the sender, recipient and description of the cargo.

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

2. TERMS AND CONDITIONS OF CARGO FORWARDING

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

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

2.3. 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 by the Parties, according to the number of packed indivisible pieces, without inspection and checking of 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, not have sharp corners, protrusions, etc., which can lead to damage or contamination of the carrier's transport, as well as other cargo transported with it. Tare or packaging must ensure the safety of the cargo throughout the entire transportation and reloading and comply with GOST and TU.

2.6. The basis for receiving the cargo is a power of attorney to receive goods and materials and the consignment note of the Contractor (hereinafter referred to as the "Invoice"). The waybill contains information about the sender, recipient, 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 the delivery of the Customer's cargo to the airport, railway station, terminal of destination or "to the door" of the recipient. Transportation on the terms "to the door" includes the delivery of cargo to the warehouse building, office of the consignee or to the entrance of a residential building, if the recipient - individual.

2.9. Provided that the cargo is delivered “to the door”, the receipt of the cargo is certified by the signature and seal (stamp) of the consignee in the Waybill. If the consignee is an individual, then the consignment note contains the recipient's passport data, certified by his signature.

2.10. A standard package is considered to be a package with dimensions up to 100 x 50 x 50 cm and weight up to 80 kg. The possibility of sending non-standard packages is agreed by the Parties separately, at the written request of the Customer.

2.11. Banknotes, securities, credit cards, jewelry, products made of precious metals, foodstuffs, potent narcotic and psychotropic substances, firearms, pneumatic, gas weapons, ammunition, edged weapons, including throwing ones, are not accepted for forwarding.

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

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1 Artist:

3.1.1 has the right to independently determine the type of transport, the route of cargo transportation, the sequence of cargo transportation by various modes of 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 start fulfilling its obligations until the Customer provides documents, as well as other information necessary for the execution of this Agreement.

3.1.3 has the right to check the correctness of the volumetric and physical weight indicated by the Customer in the Consignment note on special equipment in the warehouse. The data specified in the carrier's consignment note are taken as the basis for determining the cost of transportation.

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 expense of the Customer in order to prevent possible loss, shortage or damage to the cargo during transportation.

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

3.1.6 has the right to provide advice to 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 downtime of vehicles and for idle mileage of the Vehicle due to the fault of the Customer.

Downtime is understood as the time spent by the vehicle at the address of loading / unloading, during which the sender / recipient did not take actions aimed at issuing the cargo to the Forwarder and processing the necessary documents.

An idle run is understood as the delivery of a vehicle for loading / unloading, in which there was no receipt of cargo for transportation or delivery of cargo to the recipient through 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 goods and materials and the waybill.

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

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 a cargo insurance contract against the risks of total loss, loss, damage to the cargo for the period of its transportation. Under 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 to ensure the availability of information on the status of cargo delivery on the Contractor's Internet page.

3.2 Customer:

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

3.2.2 has the right to require the Contractor to provide information on the process of cargo transportation.

3.2.3 is obliged to provide the Contractor in a timely manner 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 the documents necessary for the implementation of customs, sanitary control, other types of state control.

3.2.4 is obliged to ensure the readiness of the cargo, marking and packaging corresponding to the nature of the cargo and ensuring the complete safety of the cargo during transportation.

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

3.2.6 is obliged to provide the original documents or their duly certified copies in the event that representatives of the 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 method of delivery. The cost of each transportation is agreed 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 the fact of the provision of services, in the form of a non-cash or cash payment in Russian rubles.

4.3 Payment can be made by the Customer in advance in the amount agreed 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 terms of payment of invoices, the Contractor does not guarantee the Customer the taxation of services under the terms of clause 1 of Art. 164 of the Tax Code of the Russian Federation.

4.5 The Contractor has the right not to proceed with the execution of the Customer's order if there is an overdue debt on the Contractor's accounts.

4.6 The original documents (invoice and the Act on the implementation of the contract) are sent to the Customer by mail, after the conditions of clause 4.4 are met. contracts. In case of non-receipt of the signed Act from the Client or written objections 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. RESPONSIBILITIES OF THE PARTIES

6.1 For non-fulfillment or improper fulfillment of the obligations stipulated by the contract for the provision of services for the organization of transportation of goods, the Contractor shall be liable on the grounds and in the amount determined in accordance with the legislation of the Russian Federation and this contract.

6.2 If the Contractor proves that the breach of obligation is caused by improper performance of the contract of carriage, the liability to the Customer of the Contractor who has concluded the contract of carriage is determined on the basis of the rules under which the relevant carrier is responsible to the Contractor.

6.3 The Contractor is not responsible for the lack of attachments of packages, if the integrity of the package was not violated during the delivery process.

6.4 The Contractor is not liable if the fact of damage and / or opening of 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 liable for losses caused to the Contractor in connection with the failure to fulfill obligations to provide information specified in this Agreement.

6.6 The Customer is responsible in accordance with the 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

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

7.2 The Party that has declared its refusal to execute this Agreement shall reimburse the other Party for losses caused by the termination of this Agreement.

8. FORCE MAJOR

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 (force majeure), such as: natural disasters, fire, uprising, flood, earthquake, hostilities, war, civil war, and also strikes, actions and regulatory instructions of state bodies that are binding on at least one of the Parties that arose after the conclusion of the Agreement, and provided that these circumstances directly affected the fulfillment of their obligations by the parties.

8.2 In the event of force majeure circumstances, the term for the performance of 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 contract, the Parties make full mutual settlements within 5 days.

9. 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 referred to the Arbitration Court ________________ in accordance with the current legislation of the Russian Federation.

10. OTHER TERMS

10.1 The term of this Agreement begins from the moment it is signed by both parties and is established until _____________. If none of the Parties notifies the other Party of the termination of the Agreement 30 days before the expiration of the Agreement, the Agreement shall be extended for each subsequent calendar year.

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

10.3 This Agreement is made 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 ______________________________ _______________/___________

Annex No. 1 to the Agreement for the provision of services for the organization of cargo transportation

No. ____________ from "______" ______________

Application No. 2

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

No. __________ from "____" ________ ____

ACT №______

Delivery and acceptance of services rendered from

Invoice no.

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 has provided services for organizing the transportation of goods worth ____________________________ rubles, including VAT ______________________ rubles. The quality of the services performed fully meets the requirements of the Customer, the services are properly executed. This act testifies to the acceptance of the services rendered and serves as the basis for mutual settlements between the Contractor and the Customer.