Standard contract for the carriage of goods by a transport company. The contract for the carriage of goods - the main stages of preparation. When the agreement is considered to have entered into force

The concept and types of the contract of carriage:

Transport obligations are obligations for the carriage of goods, passengers and baggage, as well as other obligations to provide transport services related to transportation:

Transportation can be classified according to various criteria. Distinguish the following types transportation depending on:

• on the type of transport: rail, river, sea, air, road transport;
• from the number of carriers:
• from the number of carriers:
• transportation in local traffic (when transportation is carried out by one mode of transport and within one transport enterprise - railway, river shipping company);
• transportation in direct traffic is carried out according to one document by several carriers of the same type of transport (two railways);
• transportation in direct mixed traffic is carried out by different modes of transport by several carriers (railway and air transport).

By sea transport:

• transportation in small cabotage. Small cabotage refers to transportation between two Russian ports located on the same sea;
• transportation in large cabotage. Transportation between two ports of the Russian Federation located in different seas;
• transportation in foreign traffic. These shipments are made to or from foreign ports.

By air transport:

• domestic air transportation - the point of departure, destination and all landing points are located on the territory of the Russian Federation;
• international air transportation - the point of departure and destination are located on the territory of two states or on the territory of one state, if a landing point is provided on the territory of another state.

In road transport, transportation is distinguished in domestic traffic and in international traffic. Depending on what is being transported, there are types of contracts of carriage:

• cargo transportation;
• baggage transportation;
• transportation of passengers;
• mail transportation.

Legal regulation of transportation is carried out mainly: Civil Code, the Merchant Shipping Codes (KTM RF), the Inland Water Transport Code, the Air Code, the transport charter of railways and relevant by-laws.

Order service

Contract for the carriage of goods:

Contract for the carriage of goods- an agreement by virtue of which the carrier undertakes to deliver the cargo entrusted to him by the sender to the point of destination and issue it to the person (recipient) authorized to receive the cargo, and the sender of the cargo undertakes to pay the established fee for the carriage of the cargo.

The subject of the contract delivery, storage, delivery, loading and unloading of cargo.

Parties to the agreement carrier is recognized as a transport organization, entity, railway, automobile enterprise, shipping company licensed to carry out transportation; shipper - legal or individual; consignee - a third party to whom the goods are sent. The contract is concluded in writing by drawing up a single document that draws up the carriage of goods, this may be a waybill or - in sea transport - a bill of lading.

The moment of conclusion of the contract the moment of delivery of the goods with accompanying documents is considered.

Contract term- this is the period during which the goods must be delivered, it is considered to be met if the goods are unloaded or submitted for unloading before the expiration of the delivery period. For the carriage of goods, a freight charge is charged, established by agreement of the parties, or is determined on the basis of tariffs approved in the manner prescribed by transport charters and codes.

Conclusion of a contract for the carriage of goods is confirmed by the drawing up and issuance of a consignment note (bill of lading) or other document for the cargo provided for by the relevant transport charter or code to the sender of the cargo.

Shipping documents- Documents required for the carriage of goods, drawn up in accordance with the stipulated rules. In case of carriage by air, the contract for the carriage of goods by air is certified by the consignment note. The form of the consignment note is established by a specially authorized body in the field of civil aviation. When transported by rail, road transport, transportation is carried out on the basis of a consignment note issued for the entire route of the goods. When transporting by sea, after receiving the goods for transportation, the carrier, at the request of the sender, is obliged to issue a bill of lading to the sender. To conclude a contract of carriage, organizational prerequisites are necessary.

Such prerequisites may be applications (orders) of consignors; agreements on the organization of transportation (annual, navigation, etc.); in cases stipulated by law - administrative-planning acts.

Order service

Fill out an application on the site, we will contact you as soon as possible and answer all your questions.

Rail transportation:

Railway transportation agreement an invoice is issued, which is the main shipping document. It accompanies the cargo along the entire route and is issued to the consignee at the destination station together with the cargo (cargo-accompanying document).

Legal meaning of the invoice:

• is a mandatory written form of the contract;
• proves the fact of the conclusion of the contract and embodies its content;
• legitimizes a person to file claims and lawsuits against the transport organization arising from improper performance of the contract of carriage.

The contract is considered concluded from the moment the goods are transferred for transportation together with the waybill. Other transportation documents: road list, wagon list, transfer list for transportation by direct mixed traffic. These documents are primary accounting documents and have evidentiary value. Tariffs for freight transportation are established on the basis of the state budgetary, price and tariff policy in accordance with the Law on Natural Monopolies in the manner determined by the Government of the Russian Federation. Transportation vary freight and more high speed, as well as distinguish between transportation passenger trains and cargo.

The delivery time is calculated from 24:00 of the day of acceptance of the cargo for transportation, if the cargo was accepted for transportation earlier than the scheduled day of loading, then from 24:00 of the day on which the cargo must be loaded. The cargo is considered delivered on time if at the destination station it is unloaded by means of the railway or if the wagon (container) is submitted for unloading by means of the consignee before the expiration of the established delivery time. The liability of the parties for improper performance of the contract of carriage is regulated by the Civil Code of the Russian Federation, transport charters and codes, as well as agreements of the parties.

Order service

Fill out an application on the site, we will contact you as soon as possible and answer all your questions.

Air transportation:

Carrier- an operator that has a license to carry out air transportation of passengers, baggage, cargo or mail on the basis of air transportation contracts.

Operator- an individual or legal entity that has the right of ownership or other right to an aircraft and uses it for flights. He must have a special certificate to fly.

The Air Code of the Russian Federation (AC RF) distinguishes between domestic air transportation, when all landing points are located on the territory of Russia, and international air transportation, in which at least one of the landing points is located on the territory of another state. Also allocate: local, direct and transit air transportation.

The contract is drawn up by a freight (postal) waybill. Along with conventional air transportation, an air charter agreement is used. The essence of such an agreement lies in the provision by the charterer to the charterer of one or more aircraft(their parts) for the air carriage of cargo or passengers and baggage for one or more flights. The nature of such an agreement is similar to that of a maritime charter. The freight charge is calculated according to tariffs or by agreement of the parties. It is charged for the distance along the shortest transportation route in accordance with the current schedule or for the distance specified in the contract.

Order service

Fill out an application on the site, we will contact you as soon as possible and answer all your questions.

Sea transportation:

In maritime transport, transportation is distinguished in:

• small cabotage - transportation between two Russian ports located in the same sea;
• large cabotage - transportation between two ports of the Russian Federation located on different seas;
• overseas communication. These shipments are made to or from foreign ports.

Maritime transportation is traditionally regulated by dispositive rules. The carrier is a shipping company or a port. An agreement on the carriage of goods by sea may be concluded: 1) subject to the provision for carriage of the entire vessel, its part or individual premises (holds). At the same time, a ship charter agreement or a charter is concluded, by virtue of which one party (charterer, ship owner) undertakes to provide the other party (charterer, shipper) for a fee with all or part of the capacity of one or more Vehicle on one or more flights for the carriage of goods, passengers and baggage; 2) without such a condition. In this case, the contract is formalized by a bill of lading.

The bill of lading is usually drawn up in two copies, one of which remains with the carrier, and the other is issued to the sender and serves as the basis for receiving the goods, as well as payments under the contract with its recipient. The bill of lading is drawn up by the carrier on the basis of shipping documents, signed by the ship's captain and issued to the shipper. It is a strictly formal security, the disposal of which means the transfer of goods (document of title).

Charter- consensual version of the contract of carriage. The charter is used for transportation of significant consignments or bulk cargo, and the bill of lading is used for transportation of small volumes. A time charter contract differs from a charter. It is used both in the transportation of goods and passengers, and for other purposes. By its very nature, a time charter is a vehicle rental contract.

Carriage charge (freight) is determined by agreement of the parties to the contract or by tariff. The terms of delivery of goods are established in a regulatory manner and by agreement of the parties. If they are not specified, the carrier is considered to have fulfilled his obligation regarding the time limit, provided that, after loading, the vessel immediately set sail and moved at its usual speed, in the usual way used by merchant ships in similar transportation.

Order service

Fill out an application on the site, we will contact you as soon as possible and answer all your questions.

Transportation in direct mixed traffic:

Direct mixed transportation is recognized in which at least two modes of transport participate, carrying out transportation under a single document drawn up for the entire route. Direct mixed communication is characterized by two features: 1) participation in the transportation of carriers different types transport; 2) drawing up one transport document for transportation.

The direct mixed traffic includes: 1) railway stations open for cargo transportation operations; 2) sea and river ports; 3) bus stations, airports, provided by the lists established by the relevant federal executive authorities in the field of transport.

The cost of work is indicated after their completion in the bill of lading to collect the cost of work from consignees.

The total time for the delivery of goods in direct mixed traffic is determined based on the total time for the delivery of goods by rail and other types of transport, and is calculated on the basis of the rules for calculating the time of delivery of goods that apply to the transport of the corresponding types.

For non-safety of goods before their transfer to the transshipment point, the transferring party is liable, and after the transfer, such responsibility is borne by the party that accepted the goods.

Order service

Fill out an application on the site, we will contact you as soon as possible and answer all your questions.

Contract for the carriage of passengers and baggage:

Carriage of passengers and baggage is carried out on the basis of a contract of carriage, by virtue of which one party (the carrier) undertakes to transport the passenger to the destination, and in the event of the passenger checking in the baggage, also to deliver the baggage to the destination and give it to the person authorized to receive the baggage; the other party (passenger) undertakes to pay the established fare, and when checking in the baggage, also for the carriage of the baggage.

The agreement is mutual, compensated, consensual. The contract for the carriage of passengers by public transport is also public. The conclusion of such an agreement is certified by a ticket, which indicates all the essential terms of the agreement. The form of the ticket is established in the manner prescribed by transport charters and codes.

Under the baggage carriage agreement, the carrier is obliged to deliver the baggage entrusted to him by the passenger to the specified destination and issue it to an authorized person, the passenger is obliged to pay the stipulated fee for the carriage. Explosive, flammable substances cannot be accepted in baggage. The agreement is mutual, real, compensated, public. Baggage check-in is certified by a baggage receipt. Luggage is stored free of charge at the destination for 24 hours. For storage beyond this period, a fee is charged in the manner determined by the rules for the provision of passenger transportation services. Baggage that is not claimed within 30 days from the date of arrival, as well as cargo luggage of citizens that is not claimed within 30 days from the date of written notification of the recipient of its arrival, is subject to sale in the manner prescribed by law.

Order service

Fill out an application on the site, we will contact you as soon as possible and answer all your questions.

Transport forwarding contract:

Treaty transport expedition - an agreement by virtue of which one party (forwarder) undertakes, for remuneration and at the expense of the other party (client - consignor or consignee), to perform or organize the performance of services specified in the forwarding agreement related to the transportation of cargo.

The agreement is mutual and compensatory. In addition, it can be consensual (in the case when the forwarder organizes the performance of forwarding services); real (in the case when the forwarder organizes the performance of forwarding services with the cargo entrusted to him).

Parties to the agreement:

• client - the subject to whom services are provided;
• freight forwarder - an entity that provides services to a client.
• Any persons (primarily the sender and recipient of the cargo, as well as its owner) interested in receiving forwarding services can act as clients under the contract.
• Only an entrepreneur can be a freight forwarder ( commercial organization or an individual) who has received a license to carry out forwarding activities. The forwarder can be specialized organization, as well as a regular carrier (for example, structural subdivision transport company). The forwarder has the right to involve other persons in the performance of his duties, unless otherwise provided by the forwarding agreement.

Subject of the contract- services related to the transportation of goods. They are divided into basic (on the organization of transportation, including the conclusion of a contract of carriage) and additional, which can cover any issues related to the transportation of goods.

The contract can be concluded both for full and partial forwarding services. Contracts can be one-time - for the implementation of one-time forwarding orders - and long-term, which are concluded in the presence of a constant need for transport and forwarding services.

Contract form- simple writing. Its term is determined by agreement of the parties. The client must issue a power of attorney to the freight forwarder, if it is necessary for the performance of his duties. The price of the contract is the remuneration of the freight forwarder, which is determined by agreement of the parties.

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 road transport RF

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 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 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. 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 retain the cargo transferred to him for transportation in security of 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

_____________________ _______________________

The contract for cargo transportation is the main document concluded between the cargo owner and the carrier. The contract for the carriage of goods must meet the interests of both parties and not contradict the law Russian Federation.

We invite you to familiarize yourself with the contract for the provision of cargo transportation services.

You can download the contract for cargo transportation at the bottom of the page.

CARGO CONTRACT

N. Novgorod

IE Borisov N.A., hereinafter referred to as the "Carrier", represented by Director Borisov Nikolai Anatolyevich, acting on the basis of Certificate 52 No. 003393936, on the one hand, and ________________, hereinafter referred to as the "Client", represented by _________________________, acting on the basis of _____________ , on the other hand, have entered into this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT. CARRIAGE FEE

1.1. Under this agreement, the Carrier undertakes to deliver the cargo entrusted to him by the Client. The name, quality, other individual characteristics, quantity, destination are indicated by the Client in the application, according to the approved form (Appendix No. 1 to the contract), the Client undertakes to pay the fee established by this contract for the carriage of goods.

1.2. The fee (price) for the transportation of goods in the city is: 350 rubles per hour (minimum 3 hours).

1.2.1. Fee (price) for the transportation of goods in the region and Russia: 11 rubles per kilometer, payment in both directions.

1.2.2. In the case of non-cash payment, the Client pays the Carrier an additional 10% to the fee (price) specified in clause 1.2 of the Agreement.

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

1.3.1. in case of non-cash payment by full prepayment on the basis of the invoice issued by the Carrier.

1.3.2. in the case of cash payment after the acceptance (loading) of the cargo by the Client. Payment is allowed after the Carrier fulfills its transportation obligations, if it is necessary to return the bill of lading with a note of receipt of the goods by the Client.

2. OBLIGATIONS OF THE PARTIES

2.1. The client is obliged:

2.1.1. Transfer the above cargo to the Carrier within the time agreed by both parties.

2.1.2. Pay for the carriage of goods, works and services performed by the Carrier at the request of the Client, within the terms agreed in this agreement.

2.1.3. Pay, by additional agreement of the parties, for services not provided for in this agreement, performed by the Carrier at the request of the Client.

2.1.4. Submit an application to the Carrier for the carriage of goods in the prescribed form within 24 hours.

2.1.5. Issue to the Carrier a bill of lading (another document for the cargo).

2.1.6. Present cargo for transportation in proper containers and packaging that meets the requirements of regulatory documentation and protects the cargo from damage and deterioration along the way and during transshipment.

2.2. The client has the right to refuse submitted vehicles that are unsuitable for the carriage of goods.

2.3. The carrier is obliged:

2.3.1. Deliver the cargo to the destination within the time specified by the agreement of the parties or within a reasonable time.

2.3.2. Submit to the Client for loading serviceable vehicles in a condition suitable for the carriage of goods.

2.3.3. In case of non-collection of cargo, issue an act drawn up by the Carrier in

unilaterally, the circumstances under which the cargo was lost and the amount of unsaved cargo.

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

3. SUPPLY OF VEHICLES. LOADING AND UNLOADING OF CARGO

3.1. Loading (unloading) of cargo is carried out within the time and in the manner established by the Client's Application, in compliance with the provisions established by the current legislation.

4. RESPONSIBILITY OF THE PARTIES FOR BREACH OF CARRIAGE OBLIGATIONS

4.1. In case of non-fulfillment or improper fulfillment of transportation obligations, the parties shall bear liability established by the Civil Code of the Russian Federation, other legal acts.

4.2. The Carrier for failure to provide vehicles for the carriage of goods within the time period stipulated by the contract (application to the contract), and the Client for failure to present the goods or non-use of the submitted vehicles shall pay to the other party a fine in the amount of twenty percent of the fee established for the carriage of goods. The carrier is also entitled to demand compensation from the consignor for damages caused to him in the manner established by law Russian Federation.

4.3. For untimely provision of the vehicle stipulated by the contract for the carriage of goods, the Carrier pays the Client for each full hour of delay a fine in the amount of: 0.1% of the order amount.

4.4. For the delay (downtime) of vehicles submitted for loading, unloading, the Consignor pays for each full hour of delay (downtime) a fine in the amount of: 300 rubles.

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

1) force majeure;

2) temporary restrictions or prohibitions on the movement of vehicles on roads, introduced in accordance with the procedure established by the legislation of the Russian Federation, for reasons beyond the control of the carrier and the client;

3) other reasons beyond the control of the carrier or client.

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

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

5.2. Damage caused during the carriage of goods shall be compensated by the Carrier:

The cost of lost or missing cargo, luggage in case of loss or shortage of cargo, luggage;

The amount by which the value of the cargo, luggage has decreased, in case of damage (damage) to the cargo, luggage or the value of the cargo, luggage if it is impossible to restore the damaged (spoiled) cargo, luggage;

Shares of the declared value of the cargo, baggage, the corresponding missing or damaged (spoiled) part of the cargo, baggage, in case of shortage, damage (spoilage) of the cargo, baggage handed over for transportation with a declared value;

Declared value in case of loss of cargo, baggage, as well as the impossibility of restoring cargo, baggage handed over for transportation with a declared value and damaged or damaged.

The cost of cargo, baggage is determined on the basis of the price of the cargo indicated in the seller's invoice or provided for by the contract for the carriage of goods, and in the absence of an invoice or indication of the price in the contract, on the basis of the price that, under comparable circumstances, is usually charged for similar goods.

5.3. The Carrier returns to the Client the carriage fee charged for the transportation of lost, missing, damaged or damaged cargo, since, according to this contract, this fee is not included in the cost of the cargo.

5.4 The Carrier is not responsible for the safety of the Client's cargo and its timely delivery in the following cases:

If it turns out that the requirements for the conditions of storage and transportation of goods do not meet the requirements specified by the Client in the application;

If during the inspection it turns out that the cargo does not correspond to the documents issued for it or the submitted application;

In the absence of the necessary documentation for the transportation of the cargo or its incorrect execution;

If upon delivery of the goods to the Client or on his behalf to a third party, there are no external signs of opening or damage to the package.

If the cargo was handed over for transportation with damage to the packaging, with the absence of packaging or its inconsistency with the nature and properties of the cargo.

If the Carrier proves that the loss, shortage or damage (spoilage) of the cargo occurred due to circumstances that the Carrier could not prevent and the elimination of which did not depend on him.

In cases of force majeure (force majeure).

6. FINAL PROVISIONS

6.1. Prior to filing a claim against the Carrier arising from the carriage of goods, the Client is obliged to present a claim to him in the manner prescribed by applicable law.

6.2. In everything else not regulated by this agreement, the parties will be guided by the provisions of the current legislation of the Russian Federation.

6.3. The Agreement comes into force from the moment of its signing and is valid until December 31, 2016, drawn up in two copies of equal legal force, one for each of the parties.

6.4. Addresses, bank details and signatures of the parties:

Carrier: IP Borisov N.A.

Jur. The address: 603079, Nizhny Novgorod,

st. Dezhneva, 3, apt. 19

Fak. The address: 603051, Nizhny Novgorod,

Etc. Geroev, d. 1, office 5

TIN 525909763735

OGRNIP 307525916500043

r/s 40802810323500000217

When someone needs to transport cargo over a certain distance, but their own capabilities do not allow it, they have to turn to third-party carriers.

With third parties to whom we entrust our property, albeit temporarily, which happens during the transportation of goods, it is necessary to draw up some papers that indicate the legality of such actions and guarantee the participants the observance of their rights.

For the transportation of goods by road, a road transport agreement is suitable in such cases.

How to document a shipment

Immediately, we note that when working with large firms - carriers, the transportation of goods is formalized through a standard contract-application for transportation, and does not require detailed consideration. It is only required to fill out a ready-made contract form when meeting with a representative of the carrier. Let us dwell on the contract of road transportation between private individuals - entrepreneurs or ordinary citizens.

In the agreement, the most important condition is a clear description of what, in fact, the document is drawn up about. That is, it is required to indicate in sufficient detail by which person, from where and where, a certain cargo will be delivered, which belongs to a specific client. A description of all the goods that need to be transported may not be given in the contract if there are a lot of goods, in which case a reference to a document describing the specific composition of the cargo is required. For example, we indicate that the carrier is obliged to deliver the goods to the customer according to the bill of lading.

Transportation costs money, so in the contract we indicate the amount of the carrier's remuneration for the work. If this is not a fixed rate, be sure to indicate the procedure for paying for services. Financial matters may not be limited to remuneration alone. If necessary, clauses on travel expenses, payment for fuel, repairs and other expenses of the carrier can be included in the road transportation agreement, everything is decided by the agreement of the parties.

Entrusting the carrier with your cargo, especially if you are dealing with a private person, it will not be superfluous to make sure that the driver accepting the cargo for transportation and the car on which such transportation will be carried out have all the necessary documents and permits.

Transportation by road is subject to the provisions of the law on the provision of paid services. Regulation of such relations and disputes on them takes place in accordance with applicable laws, in accordance with the norms and provisions of the agreement itself. Moreover, the agreement of the parties, sometimes, is decisive. Conclude only such contracts that can provide you with reliable protection of your own rights in case of their violation.

Below is a standard form and a sample road transportation agreement, a version of which can be downloaded for free.