flarione.ru → Organization 

Standard contract for the carriage of goods. Standard cargo transportation contract

Agreement on the provision transport services

201__ Saint Petersburg

Individual entrepreneur Nikitin Maxim Valerievich, acting on the basis of a certificate of state registration an individual as an individual entrepreneur, series 78 No. 006959304, issued by MINFS No. 15 for St. Petersburg on August 21, 2008, hereinafter referred to as "Executor", on the one hand and ______________________________ _____________________________________ , hereinafter referred to as "Customer", represented by ______________________________________________________________________________________________, on the other hand, have entered into this agreement as follows:

  1. Subject of the agreement.

In accordance with this Agreement Executor undertakes to carry out freight transportation using its own transport, as well as loading and unloading operations on behalf of Customer, A Customer undertakes to pay for the transport services provided in the manner and within the terms provided for in the Agreement.

  1. Rights and obligations of the parties.

2.1. Rights and Responsibilities Customer:

2.1.1. Customer undertakes to provide in advance To the performer complete information for the provision of this type of service.

2.1.2. Customer undertakes to promptly pay for services rendered Performer transport services.

2.1.3. Customer has the right to control the progress of work.

2.2. Rights and Responsibilities Performer:

2.2.1Executor undertakes to transport the goods Customer, perform loading and unloading operations.

3.Cost of services and payment procedure.

3.1. The cost of services under this Agreement is ________________________________________________

Rubles __________________ kopecks (excluding VAT tax) .

3.2. Payment for services rendered is carried out on the basis of the current Agreement, while Executor reserves the right to change the cost of services, depending on changes in prices on the transport services market. New tariff plan provided To the customer by notification.

3.3. Payment for services CustomerTo the performer carried out before/during/after completion of work.

4. Responsibility of the parties.

4.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties are liable in accordance with the legislation of the Russian Federation.

4.2. Customer bears responsibility for late payment of services rendered Performer services in the amount 1% for each day of delay.

4.3. The parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement if it is a consequence of circumstances force majeure. The period for fulfillment of contractual obligations is automatically extended for the duration of these circumstances. Upon termination of force majeure circumstances, the parties restore relations until full fulfillment of their obligations under this Agreement.

4.4. The party for which it is impossible to fulfill its obligations under the Agreement is obliged to immediately notify the other party of the occurrence or termination of the above obligations. Untimely notification of force majeure circumstances deprives the relevant party of the right to consider them the reason for failure to comply with the terms of this Agreement.

5. Duration of the contract.

5.1. The contract is valid from the moment of signing until the completion of the work, payment of the invoice and signing by the parties of the certificate of completion of work.

5.2. If neither party terminates the contract before expiration, the contract is extended.

5.3. Customer has the right to terminate the contract unilaterally after completion of all settlements with Performer.

5.4.Executor has the right to terminate the contract unilaterally in case of late payment Customer services provided.

5.5. Executor has the right to terminate the contract unilaterally with notice Customer for 10 (ten) days.

6. Details and signatures of the parties.

____________________/ Nikitin M.V../ ____________________/____________________/

Contract of carriage of goods

An agreement governing relations regarding the movement of goods or people using a vehicle.

Forms and procedure for concluding an agreement

The cargo transportation contract is drawn up according to the rules of Chapter 40 of the Civil Code of the Russian Federation.

The parties to the agreement are:

  • Carrier is the party that undertakes to transport and deliver the goods (cargo) specified address and hand it to the recipient.
  • Shipper is a person who undertakes to pay for cargo transportation services.

The sender of the cargo may act as individual, and the organization. However, cargo transportation can only be carried out by a legal entity that has a license to this type services.

The sender issues the carrier a waybill or other document for the cargo specified in the Transport Charter. The issuance of an invoice confirms the conclusion of the contract (clause 2 of Article 785 of the Civil Code of the Russian Federation).

According to Article 785 of the Civil Code of the Russian Federation, the carrier organization assumes obligations to deliver the cargo to the destination and transfer to the addressee, as well as safety during transportation, loading and unloading of the goods.

If a one-time service for transporting things is needed (apartment or office moving), then a one-time contract for the carriage of goods is concluded (Article 785 of the Civil Code of the Russian Federation).

If permanent cooperation is necessary, an agreement on the organization of transportation is drawn up (Article 798 of the Civil Code of the Russian Federation).

An agreement on the transportation of goods by road is drawn up in the following ways:

  • Registration of a waybill.
  • Drawing up a transportation contract and application.

Registration of a delivery note

The waybill (TN) is a confirmation of the application for the provision of goods transportation services. The TN is filled in by the sender of the cargo after the parties have signed the cargo transportation agreement. by road transport is considered concluded. Without registration of the TN, the carrier does not have the right to accept the cargo. The consignment note is drawn up for 1 or more shipments in triplicate.

Drawing up a transportation contract and application

One-time contract for the carriage of goods. A contract of carriage can be drawn up by sending an application to the carrier (Article 5, Article 8 of Federal Law No. 259). The application is an addition to the main contract for the organization of cargo transportation and is not an independent contract of carriage.

The application contains all the necessary information about transportation and is small in volume. Compiled in the form of a table where all service parameters are indicated.

Conditions of transportation

Each specific type of cargo and its route has its own rules. The terms of the contract of carriage depend on the type of transport. In case road transport are guided by the Charter of Road Transport, as well as the Rules for the Transportation of Goods by Road (RPGAT).

The contract for the carriage of goods specifies: the type of transport service, terms of provision of transport and terms of delivery of goods, cost of freight, methods of payment, address of the point of departure and destination, information about the goods.

in a person acting on the basis, 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 entered into this agreement, hereinafter referred to as the "Agreement", as follows:
1. SUBJECT OF THE AGREEMENT

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

1.2. The conclusion of this agreement is confirmed by the preparation and issuance by the Carrier of a bill of lading (another document for the cargo) to the Sender.

1.3. The fee for transportation of goods is: rubles.

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

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

1.6. Work and services performed by the Carrier at the request of the Sender and not provided for in this agreement are paid for by the Sender by additional agreement of the parties.

1.7. The carrier has the right to retain the cargo transferred to him for transportation as security for the carriage charge due to him and other payments for transportation.

2. SUPPLY OF VEHICLES. LOADING AND UNLOADING CARGO

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

2.2. The sender has the right to refuse submitted vehicles, not suitable for cargo transportation.

2.3. Loading (unloading) of cargo is carried out by the Sender (Recipient) within the following periods and in the following order: and also 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 failure to comply either improper execution transportation obligations The Parties bear responsibility established by the Civil Code of the Russian Federation, other legal acts, as well as the following responsibility established by agreement of the Parties: .

3.2. Agreements of the Parties to limit or eliminate the Carrier’s statutory liability are invalid, except in cases where the possibility of such agreements during the transportation of cargo is provided for by transport charters and codes.

3.3. The carrier for failure to provide vehicles for the transportation of goods within the period provided for in clause 2.1. of this agreement, and the Sender for failure to present the cargo or failure to use the provided vehicles bears the responsibility established by legal acts, as well as the following responsibility provided for by agreement of the parties: .

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

  • force majeure, as well as due to other natural phenomena (fires, drifts, floods) and military actions;
  • termination or restriction of cargo transportation in certain directions established in the manner prescribed by;
  • in other cases provided for.
4. CARRIER'S LIABILITY FOR LOSS, SHORTAGE AND DAMAGE OF CARGO

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

4.2. Damage caused during cargo transportation is compensated by the Carrier in the following amount:

  • in case of loss or shortage of cargo - in the amount of the cost of the lost or missing cargo;
  • in case of damage to the cargo - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo - in the amount of its value;
  • in case of loss of cargo handed over for transportation with a declaration of its value - in the amount of the declared value of the cargo.
The cost of the cargo is determined based on its price indicated in the Seller’s invoice, and in the absence of an invoice, based on the price that, under comparable circumstances, is usually charged for similar goods.

4.3. The Carrier, along with compensation for established damage caused by loss, shortage or damage to the cargo, returns to the Sender the freight charge collected for the transportation of lost, missing, spoiled or damaged cargo, since, according to this agreement, this fee is not included in the price of the cargo.

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

5. FINAL PROVISIONS

5.1. Before 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 be applied.

Often or not, all entrepreneurs are faced with the need to transport goods, and, often, motor transport turns out to be the most acceptable in terms of time and cost. It’s good if you have been cooperating with a large forwarding company for a long time, with a well-established work scheme, cargo cost calculators and deadline tables on the website. If you prefer to negotiate with a private owner, then you should take care of the correct preparation of documentation yourself, including the contract for transportation by road.

The contract of carriage regulates the relations arising from the need to transport cargo by the carrier on the terms of the sender to a third party. This agreement is different from other bilateral agreements the presence of a third party - the consignee, which has nothing to do with the signing of this document.

Keep in mind that you can send the goods, both physical and legal entity(or entrepreneur) the carrier can only be individual entrepreneur or commercial organization , because For this, a license for the right to transport goods is required.

The specificity of the carrier's services lies in the fact that he assumes not only responsibility for the transportation of cargo, but also for its safety, delivery to the consignee, unloading and loading; do not forget to note these carrier responsibilities in the contract.

However main purpose of the contract of carriage- transportation and delivery of cargo to its destination. These relationships are regulated by the following legislation:

  • Civil Code of the Russian Federation Chapter 40. Transportation art. 784 – Art. 800.
  • Civil Code of the Russian Federation Chapter 41. Transport expedition Art. 801 – Art. 806.
  • Federal Law of June 30, 2003 N 87-FZ “On transport and forwarding activities”

An important point in the contract of carriage is the period of carriage. The term refers to the time spent on delivery and unloading of the goods to the recipient. The term of the contract is determined on the basis of reasonable terms in accordance with Art. 792 of the Civil Code of the Russian Federation, you can familiarize yourself with them in various transport codes and charters. The carrier must undertake transport cargo over the shortest distance (optimal route) in the shortest possible time.

A prerequisite for concluding a contract of carriage is bid, which should be formatted as application to the agreement.

Transportation of any cargo is processed waybill (Bill of Lading). It contains all the necessary information about the cargo, consignor, consignee, driver and other accompanying information.

The entrepreneur should know that the carrier is obliged to select transport in accordance with the weight, dimensions and other characteristics of the goods, of course, in proper technical condition. The vehicle must be clean, free of debris, and, if necessary, disinfected. Otherwise, the customer has the right to refuse transportation and demand payment of penalties and delays in delivery.

In turn, the customer assumes all risks associated with unexpected downtime of the carrier that arose through his fault, and is obliged to provide normal living conditions. Compliance with regulatory deadlines for loading and unloading operations also lies with the customer, and not with the consignee, so it is better to discuss this issue in advance between interested parties. The contract should indicate whose responsibility it is secure cargo securing, to avoid misunderstandings. In any case, downtime due to the fault of the customer must be paid according to the tariffs.

Exists general rule: rescheduling of loading time on either side in less than 24 hours before the agreed date entails penalties provided for in the contract, be it payment at a tariff or a percentage of the contract amount.

Payment for services Cargo transportation is carried out, as a rule, upon provision by the carrier of the following documents:

  • the original of the consignment note with the consignee’s mark on acceptance of the cargo;
  • original invoice;
  • act of completed work;
  • a receipt for any additional costs incurred by the carrier, agreed upon in writing by the parties;
  • other documents provided for in the contract.

Contract of carriage– one of the most difficult, because It is impossible to foresee all the circumstances along the way, so both parties should be prepared for a negotiated solution controversial issues, and the customer to provide the carrier with telephone communication for official use for prompt resolution of problems that arise.

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

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


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

1. SUBJECT OF THE AGREEMENT. CARRIAGE FEE

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

2. OBLIGATIONS OF THE PARTIES

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

3. SUPPLY OF VEHICLES.
LOADING AND UNLOADING CARGO
3.1. Loading (unloading) of cargo is carried out by the Sender (Recipient) within the following periods and in the following order: ______________________________, as well as in compliance with the provisions established by transport charters, codes and rules.

4. RESPONSIBILITY OF THE PARTIES FOR VIOLATIONS
TRANSPORTATION OBLIGATIONS
4.1. In case of non-fulfillment or improper fulfillment of transportation obligations, the parties bear liability established by the Civil Code of the Russian Federation, other legal acts, as well as the following liability established by agreement of the parties: __________________________________________.
4.2. The carrier for failure to provide vehicles for the carriage of goods within the specified period
subp. 2.1 of this agreement, and the Sender for failure to present the cargo or failure to use the provided vehicles bears the responsibility established by legal acts, as well as the following responsibility provided for by agreement of the parties: ___________________________________________.
4.3. The Carrier and the Sender are released from liability in the event of non-delivery of vehicles or non-use of supplied vehicles, if this occurred due to:
force majeure, as well as due to other natural phenomena (fires, drifts, floods) and military actions;
termination or restriction of cargo transportation in certain directions established in the manner prescribed by law.

5. CARRIER'S LIABILITY FOR LOSS
SHORTAGE AND DAMAGE OF CARGO
5.1. The Carrier is responsible for failure to preserve the cargo that occurred after it was accepted for transportation and before delivery to the Recipient, unless it proves that the loss, shortage or damage to the Cargo occurred as a result of circumstances that the Carrier could not prevent and the elimination of which did not depend on it.
5.2. Damage caused during cargo transportation is compensated by the Carrier:
in case of loss or shortage of cargo - in the amount of the cost of the lost or missing cargo;
in case of damage to the cargo - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo - in the amount of its value;
in case of loss of cargo handed over for transportation with a declaration of its value - in the amount of the declared value of the cargo.
The cost of the cargo is determined based on its price indicated in the Seller’s invoice (and in the absence of an invoice, based on the price that, under comparable circumstances, is usually charged for similar goods).
5.3. The Carrier returns to the Sender the freight charge collected for the transportation of lost, missing, spoiled or damaged cargo, since, according to this agreement, this fee is not included in the price of the cargo.

6. FINAL PROVISIONS

6.1. Before filing a claim against the Carrier arising from the carriage of cargo, the Sender (Recipient) is obliged to present a claim to him in the manner prescribed by law.
6.2. In everything else not regulated by this Agreement, the provisions of the Civil Code of the Russian Federation and other legislation on transportation by this type of transport will be applied.
6.3. The Agreement comes into force from the moment it is signed and is drawn up in _______ copies.

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

8. Signatures of the parties:
Carrier __________________
Sender _________________



  • It is no secret that office work negatively affects both the physical and mental state of the employee. There are quite a lot of facts confirming both.

  • Every person spends a significant part of his life at work, so it is very important not only what he does, but also with whom he has to communicate.
2024 flarione.ru - Money and life - Computer literacy portal