Sample contract for road transport. Contract for the carriage of goods by road. Forms and procedure for concluding a contract

This section presents the documents that may be required for the carriage of goods.

I. When transporting goods, the following can be issued:

and so on.

In the absence of an agreement on the organization of transportation of goods, the carriage of goods is carried out on the basis of an order accepted by the carrier for execution.

II. In case of disputes

In the event of disputes during the transportation of goods, the parties involved in the transportation may need the following documents:

Rules for the carriage of goods by car it is established that the act contains:

• date and place of drawing up the act;

• surnames, names, patronymics and positions of persons participating in the preparation of the act;

• short description the circumstances that served as the basis for drawing up the act;

• in case of loss or shortage of cargo, damage (spoilage) of cargo - their description and actual size;

• signatures of the parties involved in drawing up the act.

Act example:(Act form in MS Word)

Claim

One of the ways to resolve a dispute that arose during the transportation of goods is to send a claim to the counterparty.
The need to send a claim may be established by law or contract.

1. Filing a claim is prescribed by law

   Civil Code of the Russian Federation in Art. 797 establishes that before filing a claim against the carrier arising from the carriage of goods, it is mandatory to file a claim with him in the manner prescribed by the relevant transport charter or code.
   According to Art. 39 of the UAT of the Russian Federation, before filing claims against carriers arising from contracts for the carriage of goods, such persons must be presented with claims. The right to present pre-trial claims against carriers, charterers are persons who have concluded transportation contracts, charter contracts, consignees, as well as insurers who have paid insurance compensation in connection with improper performance by carriers, charterers of their obligations for the carriage of passengers and baggage, cargo, provision Vehicle for transportation of passengers and luggage, cargo. The procedure for filing claims is established by the rules for the carriage of passengers, the rules for the carriage of goods.
   In accordance with the Rules for the carriage of goods by road, claims are made to carriers (freighters) at their location in writing during the limitation period.
   The claim contains:

   1. date and place of compilation;
   2. full name (surname, name and patronymic), address of the location (place of residence) of the person who filed the claim;
   3. full name (surname, name and patronymic), address of the location (place of residence) of the person to whom the claim is made;
   4. a brief description of the circumstances giving rise to the claim;
   5. justification, calculation and amount of the claim for each claim;
   6. a list of attached documents confirming the circumstances set forth in the claim (act and consignment note, order-order with marks, etc.);
   7. surname, name and patronymic, position of the person who signed the claim, his signature, certified by a seal.
   The claim is drawn up in two copies, one of which is sent to the carrier (charterer), and the other remains with the person who filed the claim

   In accordance with Art. 12 of the Federal Law "On Freight Forwarding Activities", before filing a claim against the freight forwarder arising from the freight forwarding agreement, it is mandatory to file a claim with the forwarder, with the exception of filing a claim when forwarding services for personal, family, household and other needs not related to the client's business activities.
   The client or the person authorized by him to file a claim and a claim, the recipient of the cargo specified in the freight forwarding contract, as well as the insurer who has acquired the right of subrogation, has the right to present a claim and claim to the freight forwarder.
   The claim is made in writing. A claim for loss, shortage or damage (spoilage) of cargo must be accompanied by documents confirming the right to file a claim, and documents confirming the quantity and value of the shipped cargo, in the original or copies certified in the prescribed manner.
   Claims against the freight forwarder may be brought within six months from the day the right to file a claim arises. The specified period is calculated in relation to:

   1. compensation for losses for loss, shortage or damage (spoilage) of cargo from the day following the day when the cargo must be issued;
   2. compensation for losses caused to the client by violation of the deadline for fulfilling obligations under the transport expedition agreement, from the day following the last day of the agreement, unless otherwise specified by the parties;
   3. violation of other obligations arising from the contract of transport expedition, from the day when the persons specified in paragraph 2 of this article learned or should have known about such violations.


2. The claim procedure is stipulated by the contract

   As a rule, such a procedure is prescribed in a section of the contract containing possible cases of disagreements and ways to resolve them. How clearly and in detail the procedure for pre-trial dispute resolution should be prescribed by the parties to the contract is determined independently.
   The contract should establish a clear procedure for the actions to be taken by the counterparty before going to court (terms for sending and considering a claim, documents to be submitted with a claim, etc.). Claims must be clearly stated and substantiated.
   The claim must indicate:

   1. the name of the person (legal entity/individual entrepreneur) to whom the claim is addressed;
   2. the name of the person from whom the claim is sent, indicating the exact postal address, means of communication (telephone, fax, etc.), and payment details;
   3. claim number and date;
   4. documents (with details) on which the relations of the parties are based: for example, a contract of carriage, an application, waybills, etc.;
   5. clauses of the contract, the violation of which caused the filing of a claim
   6. requirements of the person submitting the claim (should be set out clearly). The claim should be warned about the subsequent appeal to the court in case of non-satisfaction of the claim or failure to consider it in the prescribed manner or on time;
   7. the legislation in accordance with which the person submitting the claim substantiates his claims;
   8. the amount of claims with the calculation;
   9. a list of attached documents substantiating the claims (or a reference should be made that the addressee has all the documents for considering the claim, in this case, the specified documents should be listed).
   The claim is signed by the head of the organization making the claim/, (individual entrepreneur) or an authorized person. It is not uncommon for a claim to be sent by fax/e-mail. But it is advisable to send a claim by registered mail or hand it over against receipt. At the same time, even when sending a claim by registered mail, there is a risk that the counterparty will declare that the letter contained blank sheets. In this regard, when sending a claim, an inventory of the investment should be drawn up, and when a claim is handed over against receipt, it is necessary that the counterparty put a note that he has received the claim and its annexes in full. When sending a claim by letter, you can send a copy of the claim, postal receipt and attachment list to the counterparty by fax / e-mail. The person who sent the claim must have a copy of the claim and documents confirming its sending: a receipt for sending a letter (with a return receipt), a mail notification, a counterparty's mark on receipt of the claim materials with an incoming number, date, seal (stamp), signature official on another copy of the claim. The above actions will avoid additional disputes regarding the fact and date of the claim. If the mandatory procedure for filing a claim is established by law or an agreement, a claim can be filed only after the plaintiff complies with the claim procedure for settling the dispute. What happens if a claim is filed without first filing a claim? In this situation, the dispute is not considered by the arbitration court, and the statement of claim is left without consideration (clause 2, clause 1, article 148 of the Arbitration Procedure Code of the Russian Federation).

Claims procedure

In accordance with Art. 41 of the UAT RF, when filing claims in the manner prescribed by Article 39 of the UAT RF, claims against carriers, charterers that have arisen in connection with the transportation of passengers and baggage, cargo or the provision of vehicles for the transportation of passengers and baggage, cargo, may be brought in cases full or partial refusal of carriers, charterers to satisfy claims or in cases of non-receipt of responses to claims from carriers, charterers within thirty days from the date of receipt of relevant claims by them.
According to Art. 42 UAT RF, the limitation period for claims arising from transportation contracts, charter contracts is one year. The specified period is calculated from the date of occurrence of the event that served as the basis for filing a claim or lawsuit, including in relation to:

1. compensation for damage caused by shortage, damage (spoilage) of baggage, cargo, from the date of issue of baggage, cargo;
2. compensation for damage caused by the loss of baggage, from the date of recognition of the baggage as lost;
3. compensation for damage caused by the loss of cargo, from the day the cargo was recognized as lost;
4. delay in the delivery of baggage, cargo from the date of issue of baggage, cargo.

In accordance with Art. 13 of the Federal Law “On Forwarding Activities”, for claims arising from a transport expedition agreement, the limitation period is one year. The specified period is calculated from the date of occurrence of the right to file a claim.
According to Art. 125 APC RF:

1. the statement of claim is submitted to the arbitration court in writing. The statement of claim shall be signed by the plaintiff or his representative. A statement of claim can also be filed with the arbitration court by filling out the form posted on the official website of the arbitration court in the information and telecommunication network "Internet"
2. The claim must include:
1. the name of the arbitration court to which the claim is filed;
2. name of the plaintiff, his location; if the plaintiff is a citizen, his place of residence, date and place of his birth, place of his work or date and place of his state registration as an individual entrepreneur, phone numbers, fax numbers, e-mail addresses of the plaintiff;
3. name of the defendant, his location or place of residence;
4. claims of the plaintiff against the defendant with reference to laws and other normative legal acts, and in the event of a claim against several defendants - claims against each of them;
5. the circumstances on which the claims are based, and the evidence confirming these circumstances;
6. the value of the claim, if the claim is subject to evaluation;
7. calculation of the sum of money recovered or disputed;
8. information on the plaintiff's compliance with the claim or other pre-trial procedure, if it is provided for by federal law or an agreement (from June 1, 2016, Federal Law No. 47-FZ of 02.03.2016 amends clause 8 of part 2 of article 125);
9. information about the measures taken by the arbitration court to ensure property interests before filing a claim;
10. list of attached documents.
The application must also contain other information, if they are necessary for the correct and timely consideration of the case, it may contain petitions, including petitions to obtain evidence from the defendant or other persons.
3. the plaintiff is obliged to send to other persons participating in the case, copies of the statement of claim and the documents attached to it, which they do not have, by registered mail with acknowledgment of receipt.

In accordance with Art. 126 APC RF:

1. Attached to the claim are:
   1. notice of delivery or other documents confirming the sending to other persons participating in the case of copies of the statement of claim and documents attached to it, which other persons participating in the case do not have;
   2. a document confirming the payment of the state fee in the prescribed manner and in the amount, or the right to receive benefits for the payment of the state fee, or a petition for a deferral, installment plan, or a reduction in the amount of the state fee;
   3. documents confirming the circumstances on which the plaintiff bases his claims;
   4. copies of the certificate of state registration as a legal entity or individual entrepreneur;
   5. a power of attorney or other documents confirming the authority to sign the statement of claim;
   6. copies of the ruling of the arbitration court on securing property interests prior to filing a claim;
   7. documents confirming the plaintiff's compliance with the claim or other pre-trial procedure, if it is provided for by federal law or an agreement (from June 1, 2016, Federal Law No. 47-FZ of 02.03.2016 amends clause 7 of part 1 of article 126);
   8. a draft agreement, if a demand is made to compel the conclusion of an agreement;
   9. extract from the unified state register legal entities or the unified state register of individual entrepreneurs indicating information about the location or place of residence of the plaintiff and defendant and (or) the acquisition individual the status of an individual entrepreneur or the termination by an individual of activities as an individual entrepreneur or another document confirming the specified information or lack thereof. Such documents must be received no earlier than thirty days before the day the plaintiff applies to the arbitration court.


2. Documents attached to the statement of claim may be submitted to the arbitration court in electronic form.

Normative legal acts used in this section of the site:

1. "Convention on the Contract for the International Carriage of Goods by Road (CMR)" (Concluded in Geneva on May 19, 1956) (Entered into force for the USSR on December 1, 1983);
2. Civil Code Russian Federation;
3. "Arbitration Procedural Code of the Russian Federation";
4. Federal Law of 08.11.2007 N 259-FZ "Charter of road transport and urban ground electric transport";
5. Federal Law No. 87-FZ of June 30, 2003 "On Forwarding Activities";
6. General rules for the carriage of goods by road (approved by the Ministry of Autotransport of the RSFSR on July 30, 1971);
7. Rules for the carriage of goods by road (approved by Decree of the Government of the Russian Federation of April 15, 2011 No. 272);
8. Decree of the Government of the Russian Federation No. 554 dated 08.09.2006 “On Approval of the Rules for Forwarding Activities”;
9. Decree of the Goskomstat of Russia No. 78 dated November 28, 1997 “On approval of unified forms of primary accounting documentation for recording work construction machines and mechanisms, work in road transport”;
10. Decree of the State Statistics Committee of the Russian Federation of December 25, 1998 N 132 "On approval of unified forms of primary accounting documentation for accounting for trade operations";
11. Order of the Ministry of Transport of the Russian Federation No. 23 dated February 11, 2008 “On approval of the procedure for processing and forms of forwarding documents”;
12. Order of the Ministry of Transport of the Russian Federation of September 18, 2008 N 152 "On the approval of mandatory details and the procedure for filling out waybills";
13. Instruction of the USSR Ministry of Finance No. 156, State Bank of the USSR No. 30, CSB SSR No. 354/7, Ministry of Transport of the RSFSR No. 10/998 “On the procedure for paying for the carriage of goods by road”;
14. Letter of the Federal Tax Service No. ШС-22-3/660 dated 21.08.2009 “On the submission of systematized materials for documenting operations during the transportation of goods”.

in a person acting on the basis of , hereinafter referred to as " Carrier”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Sender”, on the other hand, hereinafter referred to as “ Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this agreement, the Carrier undertakes to deliver the cargo entrusted to it by the Sender in the amount of , hereinafter referred to as the “Cargo”, to the following destination: , to release the cargo to the Recipient, and the Sender undertakes to pay the fee established by this agreement for the carriage of the cargo.

1.2. The conclusion of this agreement is confirmed by the drawing up and issuance by the Carrier to the Sender of a waybill (another document for the cargo).

1.3. The shipping fee is Rs.

1.4. Cargo transportation is paid in the following terms and in the following order: .

1.5. The carrier is obliged to deliver the goods to the destination within the time period specified by the transport charters and codes, or within a reasonable time.

1.6. Works and services performed by the Carrier at the request of the Sender and not provided for in this contract shall be paid by the Sender upon additional agreement of the parties.

1.7. The carrier has the right to withhold the cargo transferred to him for transportation to secure the carriage due to him and other payments for the carriage.

2. SUPPLY OF VEHICLES. LOADING AND UNLOADING OF CARGO

2.1. The Carrier is obliged to provide the Shipper of the cargo for loading with serviceable vehicles in a condition suitable for the carriage of cargo within the following period: .

2.2. The sender has the right to refuse submitted vehicles that are not suitable for the carriage of goods.

2.3. Loading (unloading) of cargo is carried out by the Sender (Recipient) within the following terms and in the following order: as well as in compliance with the provisions established by transport charters, codes and rules.

3. RESPONSIBILITY OF THE PARTIES FOR BREACH OF CARRIAGE OBLIGATIONS

3.1. In case of non-performance or improper performance of transportation obligations, the Parties shall be liable under the Civil Code of the Russian Federation, other legal acts, as well as the following liability established by agreement of the Parties: .

3.2. Agreements of the Parties on the limitation or elimination of the Carrier's statutory liability are invalid, except in cases where the possibility of such agreements in the course of cargo transportation is provided for by transport charters and codes.

3.3. The carrier for failure to provide vehicles for the carriage of goods within the period specified in clause 2.1. of this agreement, and the Sender shall bear the liability established by legal acts, as well as the following liability stipulated by the agreement of the parties for the failure to present the cargo or non-use of the submitted vehicles: .

3.4. The Carrier and the Sender are released from liability in case of non-delivery of vehicles or non-use of submitted vehicles, if this happened due to:

• force majeure, as well as due to other natural phenomena (fires, drifts, floods) and military operations;
• termination or restriction of the carriage of goods in certain directions, established in the manner prescribed;
• in other cases provided for.

4. CARRIER'S LIABILITY FOR LOSS, SHORTAGE AND DAMAGE TO CARGO

4.1. The Carrier is responsible for the safety of the cargo that occurred after it was accepted for transportation and before it was released to the Recipient, unless he proves that the loss, shortage or damage to the cargo occurred due to circumstances that the Carrier could not prevent and the elimination of which did not depend on him.

4.2. Damage caused during the carriage of goods shall be compensated by the Carrier in the following amount:

• in case of loss or shortage of cargo - in the amount of the value of the lost or missing cargo;
• in case of damage to the cargo - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo - in the amount of its value;
• in case of loss of cargo handed over for transportation with the declaration of its value - in the amount of the declared value of the cargo.

The value of the goods 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 freight charge collected for the carriage of the lost, missing, spoiled or damaged cargo, since, according to this contract, this payment is not included in the cost of the cargo.

4.4. Documents on the reasons for the non-safety of the cargo (commercial act, act of a general form, etc.), drawn up by the Carrier unilaterally, are subject to evaluation by the court in case of a dispute, along with other documents certifying the circumstances that may serve as the basis for the liability of the Carrier, the Sender or the Recipient cargo.

5. FINAL PROVISIONS

5.1. Prior to filing a claim against the Carrier arising from the carriage of goods, the Sender (Recipient) is obliged to present a claim to him in the manner prescribed.

5.2. In everything else not regulated by this agreement, the provisions of the Civil Code of the Russian Federation will apply.

General provisions, conditions of imprisonment and liability for violations related to the carriage of goods are regulated by .

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 it 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 goods to the destination, but also the conditions for loading, unloading, storage, and delivery to the proper recipient -.
• Transportation period. According to if the transport charters and codes do not specify a period for the carriage of goods, then the goods must be delivered within a reasonable time.
• Rights and obligations of the parties.
• The freight charge due to the carrier for the performance of the contract of carriage. According to Art. - of the Civil Code of the Russian Federation, the carrier has the right to detain the sender's cargo if he did not pay for its transportation.

Responsibilities of the parties under the contract

The current legislation provides for the responsibility of the parties:

• In case of violation of obligations for transportation -.
• For non-delivery of the vehicle, responsibility lies with the carrier, and for non-use of the submitted transport, the sender is responsible. The exception is cases if this happened as a result of a natural disaster, force majeure, or restriction or complete cessation of the carriage of goods in certain directions, in the manner prescribed by the current transport charter or code.
• For the loss, damage or shortage of goods, the responsibility lies with the carrier, if he fails to prove that this happened due to circumstances that he could not prevent. The sender has the right to receive 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. Carriage of cargo is paid in the following terms and in the following order: __________________________________________________

____________________________________________________________________.

1.5. The carrier is obliged to deliver the goods to the destination within the time period specified by the transport charters and codes, or within a reasonable time.

1.6. Works and services performed by the Carrier at the request of the Sender and not provided for in this contract shall be paid by the Sender upon additional agreement of the parties.

1.7. The carrier has the right to withhold the cargo transferred to him for transportation to secure the carriage due to him and other payments for the carriage.

2. 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 bear the liability established by legal acts, as well as the following liability stipulated by the agreement of the parties for failure to present the cargo or non-use of the submitted vehicles: _________________________________________________

____________________________________________________________________.

3.4. The Carrier and the Sender are released from liability in case of non-delivery of vehicles or non-use of submitted vehicles, if this happened due to: force majeure, as well as due to other natural phenomena (fires, drifts, floods) and military operations; termination or restriction of the carriage of goods in certain directions, established in the manner prescribed by ______________

____________________________________________________________________,

in other cases provided for by _____________________________________
____________________________________________________________________.
(name of transport charter or code)

4. Liability of the Carrier for loss, shortage and damage to cargo

4.1. The Carrier is responsible for the safety of the cargo that occurred after it was accepted for transportation and before its release to the Recipient, unless it proves that the loss, shortage or damage to the cargo occurred due to circumstances that the Carrier could not prevent and the elimination of which did not depend on him.

4.2. Damage caused during the carriage of goods shall be compensated by the Carrier in the following amount:

• in case of loss or shortage of cargo - in the amount of the value of the lost or missing cargo;
• in case of damage to the cargo - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo - in the amount of its value;
• in case of loss of cargo handed over for transportation with the declaration of its value - in the amount of the declared value of the cargo.

The value of the cargo is determined on the basis of its price indicated in the Seller's invoice, and in the absence of an invoice - on the basis of the price that, under comparable circumstances, is usually charged for similar goods.

4.3. The Carrier, along with compensation for the established damage caused by the loss, shortage or damage to the cargo, returns to the Sender the carriage fee charged for the carriage of the lost, missing, spoiled or damaged cargo, since, according to this contract, this fee is not included in the cost of the cargo.

4.4. Documents on the reasons for the non-safety of the cargo (commercial act, act of a general form, etc.), drawn up by the Carrier 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

_____________________ _______________________

Agreement No. ____

transportation of goods by road

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

1. The Subject of the Agreement

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

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

2. The procedure for issuing documents for transportation

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

2.2. The Carrier, upon receipt of the application for transportation from the Client, signs it and sends it to the Client. Sending a completed and signed by the Carrier application to the Client is a confirmation of readiness to perform the declared transportation in full.

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

3. Rights and obligations of the Parties

3.1. The client is obliged:

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

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

3.1.3. Pay the Carrier for the cost of the services rendered under this Agreement, related to the implementation of transportation in the amount, no later than 7 calendar days from the date of receipt of the original invoice, a bilaterally signed act of work performed, a detachable waybill and a waybill.

3.2. The carrier is obliged:

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

3.2.2. Accept the Cargo from the Sender and hand over the Cargo to the Recipient in accordance with the procedure established by the current legislation and regulations, inspect the completeness, external condition of the cargo and its packaging, in accordance with the shipping documents. The carrier must not load the cargo of poor quality during visual inspection, with broken and defective packages, about which he is obliged to notify the Client. Upon completion of loading, the Carrier is obliged to make a note in the bill of lading and waybill, which indicates that the Carrier (Driver) accepts full responsibility for the quantity (weight) and condition of the cargo, the correct loading, the presence and proper condition of the seal. Deliver the entrusted cargo to its destination on time; the control date of arrival of the vehicle at the place of unloading is determined in the Application and TN.

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

3.2.4. In case of any delays on the way, the Carrier is obliged to immediately notify the Client. In the event of a breakdown of the vehicle, the Carrier is obliged to immediately notify the Client about this, ensure that the cargo is reloaded into a serviceable vehicle and ensure that the cargo continues to be transported to the place of unloading, unless the Client gave instructions in writing to the Carrier regarding further action with cargo.

3.2.5. In the event of an accident, traffic accident, as well as in any case of loss of cargo or part of it, theft of cargo by third parties, damage to the seal, etc., take all necessary measures to save, prevent or reduce damage to the cargo. Participate in the preparation of the Unloading Act in case of discrepancy between the number of places indicated in the documents, the actual number or the detection of marriage during unloading of the vehicle.

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

4. Payment procedure

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

4.2. Settlements for the services performed are made by bank transfer by the Client to the account of the Carrier, unless otherwise agreed by a separate agreement between the Parties. The moment of payment is the date of receipt of funds to the account of the Carrier.

4.3. The Client is obliged, within 5 calendar days, to check the received original invoices, TN and the certificate of completion, and in the absence of claims against the Carrier, sign the Certificate of completion and transfer it to the Carrier in person or by mail. If there are claims and refusal to sign the Certificate of Completed Works, the Client informs the Carrier about the reasons for the refusal within 2 calendar days from the date of receipt of the specified documents. Payment is made to the Carrier's settlement account within 7 calendar days. One copy of the signed act of completed work and TN the Client must return to the Carrier without fail.

5. Liability of the parties

5.1. In case of non-fulfillment or improper fulfillment of obligations under this Agreement, the Client and the Carrier shall be liable under the Civil Code of the Russian Federation, the Charter of Motor Transport and Urban Surface Electric Transport, as well as this Agreement.

5.2. The Party that engages a third party to fulfill its obligations under this Agreement shall be liable to the other Party for non-fulfillment or improper fulfillment of obligations by the third party as for its own actions.

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

5.4. Client Responsibility:

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

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

5.5. Carrier's responsibility:

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

5.5.2. The Carrier, in accordance with the current legislation and regulations, is fully responsible for the loss, shortage and damage of goods accepted for transportation that occurred from the moment the goods were accepted for transportation and until the delivery of the goods to the consignee, and reimburses the Client for the losses incurred in the amount of the cost of the lost , missing or damaged cargo.

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

5.5.4. Without the consent of the Client, the Carrier is not entitled to transfer to third parties its responsibility for the fulfillment of the terms of this agreement and the obligation to compensate for losses incurred by the Client.

6. Force majeure

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

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

6.3. A Party that cannot, due to force majeure, fulfill its obligations under the Agreement will make every effort to resume this performance as soon as possible.

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

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

7. Dispute resolution

7.1. The Parties shall make every effort to resolve disputes and disagreements arising during the term of this Agreement through negotiations. Prior to the presentation by the Parties of claims arising from this Agreement, it is mandatory to submit claims.

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

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

8. Final provisions

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

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

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

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

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

is a written commercial document that governs the relationship between a shipper and a carrier. The result of the execution of the contract of carriage is the delivery of goods to a specific address.
The relationship between the consignor and the carrier can be based on long-term cooperation or be of a one-time nature. In the case of a one-time transportation of cargo, the contract may be concluded in the form of an order to the carrier for the delivery of cargo. If the cooperation is long-term, then in the presence of a transport transportation agreement, cargo transportation is carried out at the request of the customer.

Mandatory documents when concluding a contract for the carriage of goods are:

For the Customer:

• a document confirming the ownership of the cargo;
• cargo security document;
• a document confirming the conformity of the cargo with norms and standards.

For Carrier:

• a copy of the founding document of the organization;
• a copy of the license for cargo transportation;
• documents confirming the ownership (lease agreement, leasing, etc.) for vehicles;
• documents for drivers (driver's license, medical report).

In order to avoid delays in the delivery of goods, the driver must have a set of documents specified by the legislation of the Russian Federation. In the absence of the necessary documents, in the event of verification by regulatory authorities, the actions of the carrier may be recognized as illegal.

Accompanying documents for the carriage of goods

Driver documents:

• Driver's license
• Driver's medical book
  When transporting food. Contains information about medical examinations driver.
• Power of attorney to drive a vehicle
  If management is carried out on the basis of a power of attorney
• Copy of employment contract
  If the vehicle is owned by the company.
• OSAGO policy.

Vehicle documents:

• Waybill
  Contains information about the vehicle, the owner of the vehicle, data on the driver. Issued and filled in by the carrier company.
• Vehicle Passport
• Technical inspection coupon
• Sanitary passport of the car
  When transporting food. Contains information about the sanitization of the car.

Documents for the cargo:

• Bill of lading (TTN)
  TTN contains information about the vehicle, the driver, the route and the cargo being transported. If the buyer and the carrier of the goods are the same person, then only an invoice is drawn up. The document is issued by the consignor.
• Contract of Transportation
  The document serves as confirmation of the fact of the transfer of goods to the carrier.
• Power of attorney for cargo delivery
  The document is required for urgent delivery, when the contract is in the process of execution. The power of attorney is issued by the consignor.

Additional documents:

• Packing list
  A clarifying document in cases where the bill of lading does not contain a complete list or complete information about the cargo being transported.
• Certificates of conformity
  Required for some types of food. Certificates must be obtained from accredited product certification centers.
• Veterinary certificate
  For products of animal products processing. Help can be obtained from regional veterinary laboratories.

Sample contract for the carriage of goods

Contract for the carriage of goods No. ...........

G. ……………………."…." …………..….. 20 … g.

We, ...……………………………………………..………………….…….…………………,
Hereinafter referred to as the “Carrier”, represented by ………………..………………..…..…….….

…………………………………………………..………..……………………...…………………
(position, full name)
acting on the basis …………..……….……………...…………………………………

on the one hand, and.…………..……………………………………..……………………………,
(name of the enterprise, organization, individual entrepreneur)
hereinafter referred to as the "Customer" represented by...……..…………………..………………………

……………………….……………………………………………, acting on the basis
(position, full name)
…………………………………..…………………………………………………..……………...
on the other hand, (collectively referred to as the "Parties") have entered into this Contract of carriage about the following:

1. The Subject of the Agreement

1.1. In accordance with the terms of this agreement, the Carrier undertakes to carry out the transportation of the Customer's goods, and the Customer undertakes to pay for the services rendered by the Carrier in a timely manner in accordance with the Carrier's tariffs in force on the date of carriage of the goods.
1.2. Transportation of the Customer's goods is carried out according to the plan for the carriage of goods approved by the Parties, which is an integral part of this agreement.
1.3. Transportation of goods is carried out on the basis of the Customer's applications submitted to the Carrier in the manner agreed by the Parties.
1.4. Loading at the place of receipt of the cargo is carried out by …………………………... and at his expense.
1.5. Unloading at the destination of the cargo is carried out by ………………………... and at his expense.

2. Contract amount and payment procedure

2.1. The amount of the contract ……………………………………………………………… and is
(according to the carrier's tariffs / is negotiable)
………………………………………...…………………………………/...…..…..……... rubles.
(in words and numbers)
including ……………….. % VAT.
2.4. Payment for the work performed by the Customer is made by preliminary transfer of funds to the account of the Carrier.
2.5. The payment obligations of the Customer are considered fulfilled from the moment the funds are debited from his current account.
2.6.. Costs for Additional services not provided for by this agreement are paid by the Customer upon presentation of supporting documents by the Carrier.
2.7. Documents confirming the performance of services are agreed requests, waybills signed by the Customer, receipts and performance certificates additional work and services.
2.8. Tariffs for the transportation of goods and other services may change due to changes in the costs forming the cost of transportation.
2.9. The basis for the transfer of cargo to the Carrier are the following documents: duly executed consignment note of the established form; waybill certified by the seal of the Carrier; identity documents of the Carrier.

3. Rights and obligations of the parties

3.1. The carrier is obliged:
- carry out cargo transportation on the basis of the Customer's requests;
- notify the Customer of the impossibility of fulfilling his application within …………… after receiving it. Otherwise, the application is considered accepted for execution;
- ensures timely delivery of vehicles for loading to the point specified by the Customer;
- do not allow downtime of vehicles beyond the established limits time for loading and unloading cargo;
- submit for loading serviceable vehicles suitable for the safe transportation of the cargo specified in the application and meeting sanitary requirements;
- deliver the Customer's cargo to the destination within the time period set by the Parties;
- ensure the safety of cargo during transportation;
- transfer the cargo to the consignee according to the accompanying documents.

3.2. The carrier has the right:
- independently determine the type of vehicles and their number for transportation, in accordance with the type of cargo;
- check the condition of the container (packaging) of the cargo for suitability for transportation before loading;
- refuse to transport cargo, the condition of the container (packaging) of which does not guarantee its safety during transportation;
- refuse to transport cargo without a completed consignment note and other accompanying documents for the cargo;
- change the current tariffs by notifying the Customer in writing not later than ………….. days.

3.3. The customer is obliged:
- submit an application for the carriage of goods no later than …………………… before the vehicle is submitted for loading;
- ensure the preparation of the cargo (pack, pack, label, etc.) for transportation;
- timely prepare and properly issue in the prescribed manner waybills and accompanying documents for the cargo;
- issue to the Carrier a pass for the right of passage to the place of unloading of goods.

3.4. The customer has the right:
- before loading, check the vehicles for suitability for the transportation of this cargo;
- refuse submitted vehicles unsuitable for the carriage of goods;
- for cargo escort by the Customer's forwarder.

3.5. The waybill, certified by the seal of the Carrier, upon presentation by the forwarding driver of a document proving his identity, is the basis for receiving the cargo and accepting liability carrier during transportation.

4. Responsibility of the parties.

4.1. If the Customer withdraws his application before ……… hours of the day preceding the date of its execution, the Carrier is obliged to return the paid cash with retention... ……% of the amount paid.
4.2. The Carrier is obliged to reimburse the Customer's losses incurred as a result of shortage, damage to the goods during transportation or as a result of improper performance by the Carrier of the terms of this Agreement.
4.3. For violation of the payment deadline, the Customer shall pay penalties in the amount of ………. % of the payment amount for each day of delay.
4.4. The Carrier pays the Customer a penalty for delay in the delivery of goods in the amount of ………. % of the payment amount for each day of delay.
4.5. In the absence of notes on special precautions in the consignment note or distortion of information about the properties of the cargo, the Customer shall pay a fine in the amount of twenty percent of the payment amount.
4.6. For downtime of vehicles during loading or unloading, through the fault of the Customer, he pays a fine in the amount of ………………..………. for every full hour of downtime.
4.7. Payment of a penalty (fine, fine) does not release the Parties from the obligation to fulfill their obligations arising from this Agreement.
4.8. Measures of property liability of the Parties, not provided for by this agreement, are applied in accordance with the current norms of the legislation of the Russian Federation.

5. Duration of the contract

5.1. This agreement shall enter into force on ………………………………..………….…... (the date or event of the commencement of the agreement)
and valid until …………………………………………………………………..………….…...
(date or event of contract expiration)

6. Grounds and procedure for termination of the contract

6.1. This Agreement may be terminated by mutual agreement of the Parties, as well as unilaterally at the written request of one of the Parties on the grounds provided for by this Agreement and the current legislation of the Russian Federation.
6.2. Termination of the Agreement unilaterally is made only upon written notification of one of the Parties indicating the reasons for termination of the Agreement.
6.3. The Party that received the notice of termination of the Agreement is obliged within ………………. calendar days to express their position and proposals in writing.

7. Dispute Resolution

7.1. The Parties will strive to resolve all possible disputes and disagreements that may arise under this Agreement through negotiations.
7.2. Disputes not settled through negotiations are referred to the court in the manner prescribed by the current legislation of the Russian Federation and the Charter of Road Transport.

8. Force majeure

8.1. None of the Parties will be liable for the full or partial failure to fulfill any of their obligations if the failure is a direct consequence of circumstances of an insurmountable (force majeure) nature that are beyond the control of the Parties that arose after the conclusion of the Agreement.
8.2. Force majeure circumstances under the Agreement are: hostilities, strikes, regulatory acts of the legislative and executive authorities, fires, lightning, storms, floods, earthquakes, and other natural disasters.
8.3. Notice of the occurrence of Force Majeure circumstances shall be sent to the other Party within ………………. calendar days with the provision of supporting documents issued by the competent authorities.

9. Final provisions

9.1. Any changes and additions to this Agreement are valid provided that they are made in writing.
9.2. The Agreement is made in two original copies having the same legal force, one copy for each party.

Appendix:
1. Plan for the transportation of goods.
2. Tariffs for transportation and loading and unloading operations.

Addresses and details of the parties

CarrierCustomer
Address: ………………………………….Address: ………………………………….
(legal and actual) (legal and actual)

……………………………………….… ………….………………………………
(bank details)(bank details)
……………………………………….… ………….………………………………
……………………………………….… ………….………………………………
(full name)(full name)
……………………………………….…………….………………………………
(signature)(signature)
“……” …………………. 20….. “……” …………………. 20…..
m.p.m.p.