STANDARD AGREEMENT
for the provision of transport services
_______ "___" _______ 20__
____________________________, hereinafter referred to as "Customer", represented by __________________________________, acting on the basis of ________________, on the one hand, and ________________________________ , hereinafter referred to as "Executor", represented by ______________________________, acting on the basis of ____________, on the other hand, collectively referred to as the “Parties”, have entered into this Agreement for the provision of transport services (hereinafter referred to as the Agreement) as follows:
1. Subject of the Agreement
1.1. The Contractor undertakes, during the term of this Agreement, to provide transport Services for the Customer for the transportation of the Customer’s representatives, technical and other resources of the Customer (hereinafter referred to as the “Cargo”) at the latter’s request, using vehicles owned by the Contractor (hereinafter referred to as the “Services”), in accordance with the needs of the Customer.
1.2. Services under this agreement are considered provided after the Parties sign the Certificate of Acceptance and Delivery of Services Rendered.
1.3. This Agreement comes into force from the moment it is signed by both Parties.
2. Procedure for provision of Services
2.1. The Customer, as the need arises for the provision of Services by the Contractor, two working days before the date of commencement of the provision of Services, prepares in writing, signs on his part and sends to the Contractor an application for the provision of Services under this Agreement (Application Form - Appendix), which indicates characteristics necessary for the provision of Services by the Contractor:
2.1.1. volume of the Customer's Cargo consignment provided for transportation/number of Customer's representatives to be transported;
2.1.2. characteristics of the Cargo (weight, number of units, etc.), transportation route, tariff specified in Appendix No. 1, No. 2 and applied in a specific shipment. If necessary, determined based on the characteristics of the Cargo, the application may also contain additional requirements for the transportation of the Cargo;
2.1.3. deadlines or time of delivery of the Contractor's vehicles;
2.1.4. deadlines or time to complete the Customer’s request.
2.2. The Contractor submits to the Customer an application approved on its part within 1 (One) business day from the date of its receipt from the Customer or, at the same time, requests from the Customer additional information about the characteristics of the cargo necessary for the Contractor to properly fulfill its obligations under this Agreement.
3. Contract price and payment procedure.
3.1. The cost of the Services provided by the Contractor is determined based on the tariffs specified in Appendix No. 1, No. 2 to this Agreement and the Customer’s application agreed upon by the Parties. The basis for payment is the invoice issued by the Contractor after the Parties have signed the relevant Acceptance Certificate for the Services provided and the Contractor has submitted documents in accordance with clause 4.1.4. of this Agreement.
3.2. Payment for Services provided duly in accordance with the terms of this Agreement and accepted by the Customer without comments is made by the Customer no later than the 30th day of the month following the reporting month, based on the documents provided by the Contractor specified in clause 4.1.4. of this Agreement.
3.3. The reconciliation report for each month of provision of Services is submitted by the Contractor to the Customer no later than the seventh day of the month following the month of provision of Services.
3.4. The moment of payment is considered to be the moment of debiting funds from the correspondent account of the Customer’s bank.
4. Prights and duties of the Performer.
4.1. The performer is obliged:
4.1.1. Ensure the supply of technically sound vehicles ready for transportation of goods according to applications at the agreed address and time within the time limits specified in the application.
4.1.2. Ensure the safety of the cargo from the moment it is accepted for transportation according to the consignment note (standard interindustry form, approved by Decree of the State Statistics Committee dated January 1, 2001 No. 78) until the moment the cargo is transferred to the Consignee, with the corresponding mark in the consignment note, as well as the safety of passengers during transportation representatives of the Customer.
4.1.3. Provide Services with proper quality and in full.
4.1.4. Submit to the Customer no later than the 3rd day of the month following the reporting month: an acceptance certificate for the Services rendered, invoices with a mark of cargo delivery, certified by the Customer’s seal or another authorized Consignee, the Customer’s coupon, copies of waybills, invoice and invoice invoice. An invoice is issued by the Contractor no later than 5 (five) calendar days from the date of receipt of the payment amount or partial payment for upcoming cargo transportation in the form provided for by the current legislation of the Russian Federation in one copy.
4.1.5. Promptly inform the Customer about any delays that may result in violation of the terms of this Agreement.
4.1.6. Organize compliance with the terms of provision of Services, in accordance with the terms of this Agreement and the Customer’s application.
4.1.7. On our own and at our own expense, ensure the refueling of vehicles and maintain them in technically sound condition in accordance with GOST R, ensuring normal operation for the purposes specified in clause 1.1. of this Agreement, without subsequent rebilling of costs to the Customer.
4.2. The performer has the right:
4.2.1. If the Customer violates the payment deadline for the provision of the Service, suspend the provision of the Services by sending a written notice of this to the Customer 10 calendar days before the planned suspension of the provision of Services under the Agreement.
4.2.2. Refuse to transport Cargo that does not comply with the provided shipping documentation, as well as Cargo for which the specified documentation is not provided by the Customer.
5. Rights and obligations of the Customer.
5.1. The customer is obliged:
5.1.1. Pay for the Contractor's Services if they are properly performed. Sign the Acceptance Certificate for the Services provided by the Contractor, or send a reasoned refusal to sign the relevant Certificate.
5.1.2. Provide the Contractor with the necessary shipping documentation for transported goods (bill of lading, documents provided for by sanitary, customs, quarantine, and other rules in accordance with legal requirements Russian Federation, certificates, quality passports, certificates, other documents, the availability of which is established by Federal laws and other regulatory legal acts of the Russian Federation).
5.1.3. Carry out loading and unloading of Cargo using your own resources and means in accordance with existing rules and in compliance with safety requirements within a period of no more than 24 hours from the moment the vehicles are submitted for loading.
5.2. The customer has the right:
5.2.1. At any time, check the procedure and quality of provision of Services by the Contractor, without interfering with its activities, except for cases of violation of transportation requirements when providing Services by the Contractor.
6. Responsibility of the parties
6.1. For violation by the Contractor of the contractual obligations specified in clauses 1.1, 4.1.4 of this Agreement, the Customer has the right to make a demand to the Contractor to pay a penalty in the form of a penalty in the amount of 0.1% (zero point one percent) of the cost of the Services, execution which were not carried out due to circumstances for which the Customer is not responsible and/or from the total cost of the Contractor’s Services, documents for which were not submitted in accordance with the requirements of this Agreement for each day of delay until the actual fulfillment of obligations, but not more than 10% (Ten percent) of the cost of the services specified in this paragraph.
6.2. For violation by the Customer of contractual obligations to pay for the Services of the Contractor, the latter has the right to demand payment of a penalty in the amount of 0.1% (zero point one percent) of the amount of the overdue debt for each day of delay until full payment for the transportation.
6.3. If the invoice issued by the Contractor does not comply with the requirements of the legislation of the Russian Federation and the Contractor does not eliminate these shortcomings within 5 days from the receipt of a request for their elimination from the Customer, the latter has the right to recover from the Contractor the amount of penalties imposed by the tax authority.
6.4. The parties present penalties and (or) other sanctions for violation of the terms of contractual obligations, as well as amounts of compensation for losses or other damage under this agreement, made in writing by sending a corresponding demand (claim) for their payment and compensation. In this case, a written demand (claim) is not a document under this agreement that determines the date of receipt (accrual) of income by the Parties in the form of a penalty and (or) other sanctions for violation of the terms of contractual obligations.
The amount of recovered damages and penalties are reflected in accounting (recognized) from the moment the court decision providing for the collection comes into force, or from the moment the specified amounts are received in the current account if the payment by the guilty Party is made in pre-trial order.
6.5. For possible damage, loss and theft of cargo belonging to the Customer, from the moment the cargo is received by the Contractor, the latter bears full financial responsibility and compensates for direct actual damage caused to the Customer. In this case, the Contractor's liability for loss, shortage and damage (spoilage) of the cargo is determined in accordance with Art. 796 of the Civil Code of the Russian Federation.
6.6. For violation by the Contractor of the terms of provision of Services specified in the Customer’s application, the Customer has the right to present to the Contractor a requirement to pay a fine in the amount of 3% (three percent) of the cost of the Services, the performance of which was not carried out due to circumstances for which the Customer is not responsible.
6.7. In other cases not provided for in this Agreement, the Parties bear responsibility in accordance with the legislation of the Russian Federation.
7. Procedure for termination of the Agreement
7.1. The Customer has the right to refuse to fulfill this Agreement unilaterally by notifying the Contractor in writing in the following cases:
Delay by the Contractor in the commencement of the provision of Services by more than 7 (seven) days for reasons beyond the control of the Customer;
Delay by the Contractor in providing the Services by more than 7 (Seven) days, except for the cases established by clause 4.2.1 of this Agreement;
Entry into force of acts government agencies, depriving the Contractor of the right to provide Services or perform work.
In the cases specified in this paragraph, the Agreement is considered terminated from the date the Contractor receives the Customer’s written notice, or from the date specified in the relevant notice.
7.2. If the Agreement is terminated by agreement of the Parties or unilaterally, the Customer pays the Contractor the cost of the Services actually provided at the time of termination of this Agreement.
8. Circumstances force majeure
8.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was a consequence of force majeure that arose after the conclusion of this Agreement as a result of extraordinary circumstances that the Parties could not foresee or prevent, including fires, floods, natural disasters , acts of authorized authorities of the Russian Federation, the effect of which applies to the Parties to this Agreement.
8.2. If the circumstances specified in clause 8.1 occur. of this Agreement, each Party must immediately notify the other Party about them in writing. The notice must contain information about the nature of the circumstances, as well as official documents certifying the existence of these circumstances. Sufficient confirmation of the occurrence and existence of force majeure circumstances will be a document issued by the relevant competent authority.
8.3. In cases of the occurrence of the circumstances provided for in clause 8.1 of the Agreement, the period for the Party to fulfill its obligations under this Agreement is postponed in proportion to the time during which these circumstances and their consequences apply.
8.4. If force majeure circumstances or their consequences last more than 2 (two) months, the Parties shall conduct additional negotiations to determine alternative methods of execution of the Agreement.
9. Dispute resolution procedure
9.1. Disputes and disagreements that may arise during the execution of this Agreement are resolved through a claim procedure. The parties set a ten-day period for responding to the claim.
9.2. Disputes between the Parties that are not resolved through negotiations between the Parties are resolved in the Arbitration Court ____________.
10. Additional terms
10.1. The parties agree that all documentation under this Agreement transmitted by facsimile will have legal force, subject to the provision of the originals to the recipient Party within 5 (five) days from the date of sending by fax.
10.2. The Contractor does not have the right to assign rights of claim against the Customer to third parties without obtaining the prior written consent of the Customer.
10.3. All changes and additions to this Agreement have legal force and bind the Parties when they are made in writing and signed by authorized representatives of the Parties to this Agreement, and also sealed by the Parties.
10.4. The Agreement is drawn up in two copies having equal legal force, one for each of the Parties to the Agreement.
10.5. The relations of the Parties not regulated by this Agreement are subject to the provisions of the Civil Code of the Russian Federation, the Federal Law of November 8, 2007 “Charter of Road Transport and Urban Ground Electric Transport”, General rules cargo transportation by road transport, approved by the Ministry of Automobile Transport of the RSFSR on July 30, 1971, and other provisions of the legislation of the Russian Federation.
11. Duration of the Agreement
11.1. This Agreement comes into force from the moment it is signed by both Parties and is valid until “___” _______ 20___, and in terms of settlements - until they are fully completed.
11.2. If 30 (Thirty) days before the expiration of this Agreement, neither Party notifies the other Party in writing of the termination of the Agreement, the term of the Agreement is considered extended on similar terms for the next calendar year.
12. Appendices to the agreement
12.1. List of appendices to this agreement:
Appendix – Tariffs for services;
Appendix – Agreement on the cost of tariffs for the transportation of passengers;
Appendix – Application form for the provision of transport services (carriage of goods (passengers).
13. Legal addresses and details of the parties:
EXECUTOR | CUSTOMER _____________________/____________ |
Application
RATES FOR SERVICES
Vehicle name | Load capacity, tons | Price for 1 machine/hour, rub., including VAT | Price per 1 km run, rub., including VAT | Price per 1 t. km of transportation, rub., including VAT |
|
EXECUTOR _____________________/____________ | CUSTOMER _____________________/____________ |
Application
to Agreement No.____ dated ____”_______20__
Agreement on the cost of tariffs for the transportation of passengers
Car make | Price 1 machine hour per shift | Total |
Note: All rates include VAT.
EXECUTOR _____________________/____________ | CUSTOMER _____________________/____________ |
Application
to Agreement No.____ dated ____”_______20__
Application form No. _______ dated "____" _______________ 20___ |
|||||||
for the provision of transport services (carriage of goods (passengers) |
|||||||
from (name of customer)__________________________________________________________ | |||||||
Car make | Number of passengers, cargo characteristics | Delivery route | Date, departure time; arrival date | Purpose of the trip | Responsible |
||
Place of delivery (from) | Destination (where) |
||||||
Note: 1. The consignment note is drawn up by the shipper. 2. Loading of cargo into a vehicle is carried out by the consignor, and unloading of cargo from the vehicle is carried out by the consignee. |
|||||||
Person responsible for safe operation | |||||||
transport | __________________________________________ | ||||||
(full name, position) | |||||||
Customer's signature | __________________ | ||||||
tel.: | (full name, position) | ||||||
Transport lines around the globe allow any type of vehicle to carry out its work. In most cases, transport delivers goods, transports people and carries out expeditions. For any type of such activity, an agreement must be concluded, which has its differences in some points, but otherwise everything is filled out according to a single template.
Who can enter into an agreement for the provision of transport services?
Any person who has one way or another, direct or indirect relation to transport, can enter into an agreement for transport services. The role of customer and performer can be:- ordinary people (individuals);
- (legal entities);
- enterprises (CJSC, LLC, partnerships);
- commercial or non-commercial services.
What is the form, structure and content of the agreement?
The contract can be in writing or verbal (which is rare). A4 paper is used for writing.The transaction form can be drawn up in printed form or filled out by hand on a previously prepared sample.
In most cases, the agreement is written only for both parties, but it can also be extended to larger number persons (3 or 4, if the customer or contractor is an organization).
Content The agreement has the following clauses:
- the contractor and the customer are registered;
- the service to be provided;
- pricing policy and type of payment (cash or card, in rubles or foreign currency);
- the period of existence of the agreement and service;
- responsibilities of both parties;
- liability for non-compliance with the terms of the agreement;
- controversial issues and how to regulate them;
- possible reasons for canceling the agreement.
An important point will be to write down the financial component of the question, namely whether an advance is necessary, the period of time for making it, the method of payment, the bank accounts where the amount will be transferred.
Payment for transport services by card must be accompanied by confirmation from the bank.
As additional information, you can describe in the agreement the result of the service provided, the quality and criteria of the work performed. The customer must draw up an act or statement of the accepted work.
Suddenly arising additional circumstances that were not previously specified in the contract should also be reflected in it, but by not adding new information into the contract, and by creating a new document - an additional agreement on the same model as the main contract.
Structure The agreement looks like this:
1. Name of the agreement and number according to the registration inventory.
2. Dating of his conclusion.
3. Who enters into an agreement with whom.
4. Subject of the agreement, namely:
- what the contractor undertakes to provide for the customer (transport and what kind) in order to carry out his work;
- pricing policy and payment procedure.
- customer responsibilities;
- responsibilities of the performer;
7. Payment procedure, namely:
- cost of transport services;
- How long does it take to transfer a portion? cash;
- how payment will be made;
- when full payment of the entire cost of the service will be made;
- conditions for accepting the work done (“acceptance” of services), namely, after the service is provided, the customer accepts the result of the work in the form of documentary support, that is, an act of acceptance and delivery of the service is drawn up.
9. Period of validity of the agreement.
10. Additional information (final provisions), namely:
- at what point does the agreement come into legal force;
- how and in what way controversial situations are resolved (usually this happens in arbitration court);
- what's new additional information is considered legal only after registration and signature by both parties;
- that the lack of information about the termination of the agreement from one of the parties allows the contract to end on its own before the new calendar year.
Duration of the agreement
The agreement applies to long-term contracts. The deal begins after both parties sign the agreement and until cancellation. It is usually concluded for a year or two.
It is extended for a one-year period unless there is a desire to stop working with each other, and if neither party intends to cancel the contract.
In some cases, the transaction is terminated ahead of schedule, then the contract period is reduced. Cancellation occurs at the decision of one of the parties to the contract, while notice is sent to the opposite party with whom it is required to terminate the agreement, usually a week before the official termination.
Standard contract for the provision of transport services
This is a sample agreement, which is a template and model for drawing up an agreement for certain types transport services. It has the same clauses as other agreements (rights and obligations of the parties, duration of the agreement, etc.), but here the clause “Force Majeure” is added, that is, contradictions of the parties and methods for resolving them. In addition, in standard form cash calculations and pricing policy are combined.Features of the contract for the provision of transport and forwarding services
The contract is a civil law type of agreement. At the same time, it is independent and paid, that is, the performer is entitled to a sum of money for the work performed. These types of services include:- transportation of goods along pre-designed routes;
- concluding agreements for cargo;
- escorting cargo to the point of arrival;
- cargo storage;
- folding and removing goods;
- checking the quality and condition of the goods;
- acceptance of relevant documentation for the transported goods;
- payment of government taxes and other costs when transporting the client’s goods.
- market enterprises;
- individual entrepreneurs.
The text part of the contract must include the following points:
- essence of the transaction;
- terminology used in the text of the agreement, with its explanation;
- rights and obligations of the parties;
- liability for violation of the terms of the contract;
- calculations of funds for work performed;
- the period of validity of the contract and the conditions for its cancellation;
- claims and ways to resolve controversial issues;
- general provisions;
- addresses and details of persons concluding the contract.
- transportation of cargo along a previously specified route;
- provision of services specified in the contract;
- notification of receipt of false information to the client;
- demand payment for work performed.
- payment of funds for cargo delivery;
- give route instructions to the forwarder;
- has the right not to fulfill the terms of the contract and to cancel the agreement by warning the opposite party.
The form of the contract is written. After accepting the goods, the forwarder is issued a certificate of receipt.
After watching this video, you will familiarize yourself in detail with the contract of transport and forwarding services. Find out what its features and differences from other agreements are.
Features of the agreement for the provision of freight transportation
The agreement for the provision of freight transportation is paid and bilateral. In addition, the contract may contain stranger, which is also endowed with certain rights and responsibilities for transporting cargo. The agreement is considered valid from the moment of its conclusion.The contract is drawn up in a slightly different format, namely by issuing invoices, receipts and other forms of documents that are provided by transport services.
Payment for delivery of cargo to the required place is strictly controlled and paid according to tariffs.
Agreements are concluded with the transport that will carry out the transportation; therefore, agreements can be of the following types:
- on the transportation of goods by public transport;
- by rail;
- water transport;
- by air transport.
Features of the agreement for the provision of motor transport services
An agreement for the provision of transport services is drawn up according to the same rules as a regular transport contract. The difference is that here there are some organizations (LLC, CJSC, etc.) in the role of customer and performer.In addition, the agreement may involve strangers, who can act either as a customer or as a performer. It turns out that two people will either carry out the order or give instructions for its execution.
The contract for the provision of transport services may vary. It all depends on the type of service provided and the transport that will be used as the transported instrument. The contracts do not differ significantly; in some cases, separate drafting is not even required, and the participants make do with only invoices or receipts (for example, freight transportation).
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Agreement on the provision of transport services for the carriage of goods
road transport No. ___
Moscow “___” ____________ 2018
CUSTOMER: LLC "Company", represented by General Director Last name First name Patronymic (in genitive case), acting on the basis of the Charter on the one hand and, CONTRACTOR: individual entrepreneur Last Name First Name Patronymic, acting on the basis of the Certificate on the other side, collectively referred to as the “Parties”, have drawn up this Agreement as follows:
1. SUBJECT OF THE AGREEMENT
1.1. The Customer instructs, and the Contractor undertakes, the organization of transportation of goods in urban, suburban and intercity road transport.
1.2. The name of the cargo and its characteristics, the number of pieces, the weight of the cargo, its declared value, the address of delivery of vehicles for loading and unloading, the consignee, the date and time of the start of loading, as well as all additional information necessary for the organization and implementation of transportation, are indicated by the Customer in the Application ( Appendix No. 2 to this Agreement).
2. OBLIGATIONS OF THE CONTRACTOR
2.1. Under this Agreement, the CONTRACTOR is obliged to:
2.2. Organize the transportation of goods by road, following the route agreed by the Parties in the application.
2.3. Ensure the delivery of technically sound and suitable for transportation of the Customer's cargo for loading at the place and time specified in the application.
2.4. If the Contractor provides vehicles that are unsuitable for transporting the Customer’s cargo, the Contractor’s employee, if possible, eliminates the deficiencies that impede the transportation of cargo. If it is impossible to eliminate deficiencies on site, the Contractor will as soon as possible carries out replacement of vehicles. The customer has the right to refuse, without incurring financial liability, from the submitted vehicle, if its parameters differ from the parameters specified in the Application and do not allow the transportation of cargo.
2.5. The Contractor, represented by the driver of the vehicle, has the right to refuse to overload in excess of the required weight specified in the Application. In this case, the Customer is obliged to eliminate overloading of vehicles. If the Contractor agrees to take overload, payment for overload of vehicles is carried out according to the agreement.
2.6. If it is impossible to supply vehicles due to unforeseen circumstances, the Contractor is obliged to immediately inform the Customer about this and provide other vehicles without additional payment.
2.7. Deliver the cargo to its destination and hand it over to the consignee.
2.8. Forward cargo at the request of the Customer and check (recalculate) the cargo according to invoices or other documents of the Customer for an additional payment (by agreement of the Parties).
2.9. Provide the Customer with advice on improving the efficiency of transportation through the selection of rational routes, loading and unloading and other operations.
2.10. The Contractor has the right to refuse to accept cargo that, by its nature, requires special conditions of transportation, security, or cargo that is dangerous by nature.
3. RESPONSIBILITIES OF THE CUSTOMER
Under this Agreement, the CUSTOMER is obliged to:
3.1. Be guided by the standard requirements for domestic transportation of goods, the Civil Code of the Russian Federation, Federal law Russian Federation dated November 8, 2007 N 259-FZ “Charter of road transport and urban ground electric transport”.
3.2. The Customer guarantees that he is the legal owner of the cargo, that the cargo does not have any attachments that are prohibited or have restrictions for transportation by road on the Contractor’s terms in accordance with the current legislation of the Russian Federation.
3.3. If the cargo is presented for transportation with a declared value and the declared value of the cargo exceeds the amount of 100,000 (one hundred thousand) rubles, insurance of this cargo is mandatory. Insurance is carried out by the Client in the insurance company chosen by him and at the expense of the Client.
3.4. Submit an application in writing (via email) indicating all the necessary data no later than 17.00 on the day preceding the day of loading. The parties have the right to refuse delivery of vehicles without compensation for damage/losses, no later than 18.00 hours of the day preceding the day of loading.
If the Customer is not ready to load/unload on the agreed day, the Customer is obliged to notify the Contractor no later than 17.00 on the day preceding the day of loading. Otherwise, the Customer is obliged to pay the Contractor for losses associated with the supply of vehicles in the amount of 50% of the minimum order price for this vehicle.
3.5. Provide unobstructed access roads to the loading/unloading area. Timely and properly prepare documents (passes) for the right of entry and exit of vehicles at loading/unloading points.
3.6. Before the arrival of vehicles for loading, prepare the cargo for transportation (pack, label). In case of refusal of the required container/packaging, the Customer is responsible for all consequences of spoilage, damage and loss.
3.7. Issue to the Contractor shipping documents, or certified copies of them for the cargo, necessary to accompany the cargo (power of attorney for cargo transportation, invoices, certificates of conformity and safety, invoices, passports, etc.) and carry out customs, sanitary and other types of state control.
3.8. Timely provide the Contractor with complete, accurate and reliable information about the properties of the cargo, the conditions of its transportation and other information necessary for the Contractor to fulfill its obligations under the Agreement, including the numbers/addresses of communication means (telephone, e-mail).
3.9. Accept the delivered cargo or ensure its acceptance by the consignee, if the Customer is the sender of the cargo. If the consignee specified in the Application is not at the destination, or the consignee refuses to accept the cargo, pay the Contractor's expenses for delivering the cargo to the destination, returning the cargo to the point of departure, as well as the costs of storing the cargo.
4. COST OF SERVICES AND PAYMENT PROCEDURE
4.1. The cost of the Contractor's services is indicated in Appendix No. 1 to this Agreement or is agreed upon for each transportation separately in the Application (Appendix No. 2).
4.2. The Customer pays all unforeseen and documented expenses of the Contractor, additionally incurred by him in the process of executing this Agreement and legally paid by the Contractor, including downtime/driving of vehicles due to reasons beyond the control of the Contractor, arrival of vehicles at several addresses when delivering cargo from/to The Customer, entrances to the loading/unloading area, etc. All expenses incurred in the interests of the Customer are included by the Contractor in the invoice.
4.3. Payment for services for organizing the transportation of goods is made by the Customer in accordance with the issued invoices within 5 (five) banking days from the date of receipt of the invoice by transferring funds to the Contractor's bank account.
4.4. An invoice for services provided can be made by the Contractor both for an individual transportation and for a certain period during which the transportation was carried out. The Contractor provides the Customer with an invoice by email, the Customer undertakes to pay it within 5 days from the date of receipt.
4.5. The acceptance certificate for the services provided must be agreed upon and approved by the Customer within 5 (five) days from the date of receipt. The fact of receipt of the act is a receipt issued by the Customer’s employee, or confirmation by the Customer’s employee of receipt of the act by e-mail.
4.5.1. If the Customer does not notify the Contractor about changes in the act, then after 5 (five) days from the date of receipt, the act is considered approved.
4.5.2. If, when agreeing and approving the act, discrepancies in cost are discovered, then the next invoice is issued taking into account the identified discrepancies. In the event of a one-time transportation or termination of this Agreement, the Contractor shall reimburse overpaid funds.
4.6. If the Customer fails to pay the invoices issued by the Contractor or the Customer has any other debt to the Contractor, the latter has the right to retain the cargo at its disposal until payment of remuneration and reimbursement of expenses. In this case, the Customer also pays the costs associated with retaining the property. For any damage to the cargo resulting from its retention by the Contractor, in the cases provided for in this paragraph, the Customer is responsible.
4.7. By agreement of the Parties, amounts intended to cover the Contractor's expenses may be paid by the Customer advance payment(in advance).
5. RESPONSIBILITY OF THE PARTIES
5.1. Responsibility of the Contractor:
5.1.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Contractor shall be liable on the grounds and in the amount determined in accordance with the current legislation of the Russian Federation.
5.1.2. For non-delivery of vehicles, in accordance with the Customer’s application, the Contractor is responsible in the amount of 50% of the minimum order price for this vehicle. In this case, the Contractor is not relieved of the obligation to provide vehicles. Failure to submit is considered to be the Customer’s refusal of the Contractor’s vehicle if it is late by more than 4 (four) hours in accordance with the Application.
5.1.3. For late delivery of vehicles, the Customer has the right to demand that the Contractor pay a penalty in the amount of 5% of the minimum order price for this vehicle for each hour of delay.
5.1.4. The Contractor is not responsible for incorrectly declared cargo, as well as for shortage of cargo if the outer packaging is intact and (or) the Customer’s seals are broken.
5.1.5. In the event that the Customer orders the “Cargo Forwarding” service, the Contractor is liable to the Customer in the form of compensation for actual damages for loss, shortage or damage (spoilage) of the cargo after its acceptance by the Contractor and before the delivery of the cargo to the consignee or his authorized person, unless he proves that the loss, shortage or damage (spoilage) of the cargo occurred due to circumstances that he could not prevent and the elimination of which did not depend on him.
If the Contractor proves that the violation of the obligation is caused by improper execution of the Contracts of Transportation, then its liability to the Customer is determined according to the same rules according to which the corresponding carrier is responsible to the Contractor.
5.2. Customer's responsibility:
5.2.1. The customer is responsible for refusing to order a vehicle later than 18:00 on the day preceding the day of transportation in the amount of 50% of the minimum order price for this vehicle.
5.2.2. The Customer is responsible for the correctness, reliability and completeness of the information necessary for the execution of the Agreement (including indicating the name of the cargo); in the event of the absence, insufficiency or unreliability of this information, the Customer pays fines for the return, storage, redirection of cargo and other services organized by the Contractor.
5.2.3. The Customer is responsible for the correctness and accuracy of filling out invoices and other documents drawn up for the execution of the Agreement.
5.2.4. The Customer is responsible for losses caused to the Contractor in connection with failure to fulfill the obligation to provide information specified in this Agreement.
5.2.5. For delays in payment of invoices issued by the Contractor and reimbursement of expenses incurred by him on behalf of the Customer for more than 5 (five) banking days, the Contractor has the right to charge the Customer a penalty in the amount of 0.5% (zero point five percent) of the amount of the invoice issued by the Contractor for each day of delay.
5.3. Responsibility of the Parties:
5.3.1. The parties are released from liability for complete or partial failure to fulfill their obligations if such failure is a consequence of force majeure circumstances, i.e. extraordinary and unpreventable circumstances under the given conditions that arose against the will and beyond the control of the Parties, such as: flood, earthquake, other natural disasters, war or hostilities, embargoes, mass strikes, disasters, air temperature dropping below minus 35 degrees Celsius, changes or the emergence of new legislative acts arising after the conclusion of this Treaty, actions of the government and authorities state power preventing the Parties from fulfilling their obligations.
5.3.2. The Party for which it is impossible to properly fulfill its obligations under this Agreement is obliged, immediately from the moment of detection, to notify the other Party of the beginning and termination of force majeure circumstances.
5.3.3. If any of such circumstances directly affects the fulfillment of obligations within the period stipulated in this Agreement, then this period, by written agreement of the Parties, is proportionately extended for the duration of the relevant circumstance. In this case, the Parties do not have the right to demand compensation from each other for possible losses.
5.3.4. All legal and financial liability for the delay of a vehicle en route by employees of internal affairs bodies, associated with the absence or incorrect execution of documents for cargo/vehicles, falls on the Party that prepares the relevant documents, and in the case of documents for vehicles, on the Contractor.
5.3.5. If the Customer or his representative discloses information under this Agreement relating to financial relations to third parties, including drivers or loaders from the Contractor, the Customer shall pay the Contractor a penalty in the amount of 50,000 rubles.
5.3.6. If the Customer enters into an agreement (oral or written) for the provision of services with a driver or loader from the Contractor directly, bypassing the Contractor, the Customer pays the Contractor a penalty in the amount of 50,000 rubles.
6. DISPUTE RESOLUTION PROCEDURE
6.1. Disputes and disagreements that may arise during the execution of this Agreement will be resolved through joint negotiations between the Parties based on the principles of mutual respect and recognition of the rights of the other Party.
6.2. If the Parties do not reach agreement on a settlement during negotiations controversial issues, the dispute is referred to the Moscow Arbitration Court for consideration in accordance with the current legislation of the Russian Federation.
6.3. Telegraphic and postal (including electronic) notices have documentary significance in subsequent claims proceedings in arbitration and judicial authorities between the contracting Parties, if any.
6.4. Agreements, acts, applications, invoices and other documents transmitted by e-mail in word, pdf, jpeg, jpg, gif, png, tiff, txt, zip, rar formats have the legal force of the original.
7. TERM AND PROCEDURE OF THE AGREEMENT
7.1. This Agreement comes into force from the moment of its signing and is valid until December 31, 2018.
7.2. The contract is automatically renewed for the next calendar year, unless either Party declares its termination in writing no later than 30 days before the expiration of the Agreement.
7.3. Any changes, additions and claims to this Agreement are valid only if they are in writing and signed by authorized representatives of both Parties. For the purposes of this Agreement, by written form the Parties understand both the preparation of a single document and the exchange of letters (including electronic ones), telegrams, messages using fax communications, allowing the identification of the sender and the date of departure.
7.4. In case of early termination of the Agreement, a Settlement Certificate is drawn up. Each Party is obliged to return the agreed amount within 3 banking days ( advance payment) to the second Party.
7.5. In everything that is not specified in this Agreement, the Parties are guided by the current legislation of the Russian Federation.
7.6. This Agreement is drawn up in 2 (two) copies having equal legal force, one copy for each Party.
8. LEGAL ADDRESSES AND DETAILS OF THE PARTIES
CUSTOMER:
EXECUTOR:
CUSTOMER:
LLC "Company"
General manager
____________________ / Full name
EXECUTOR:
Individual entrepreneur Full name
____________________ / Full name
With a purpose official registration legal relations aimed at transporting goods, its parties - participants can enter into an agreement on the provision of transport services. According to this agreement, one party, the cargo owner, provides the second party, the carrier, with the cargo, and the latter undertakes to accept it and transport it to the agreed destination. At the final destination, the delivered cargo is obliged to be accepted by the consignee. However, cargo transportation is not the only type of transport service.
Types of transport service contracts
The carrier may carry out its activities in the provision of transport services in the following areas:
- transportation of goods;
- transportation of passengers;
- luggage transportation.
Depending on the method of transportation, the carrier can provide its services by the following types of transport:
- air;
- automobile;
- railway;
- sea
Each of the methods of transportation and transport is regulated by the relevant legislation of the Russian Federation.
Contents of the transport services agreement
The subject of the agreement is the cargo, which the carrier is obliged to deliver to the agreed destination under the main contract. In addition to the characteristics, quantity and volume of the cargo, the contract displays:
- how the subject of the agreement will be transported;
- what type of transport will be used;
- delivery times;
- the period given to the shipper for its provision to the carrier;
- procedure for payment and final settlements;
- other conditions as agreed by the parties.
Considering that such agreements are usually concluded between business entities, they are systematic in nature and cover transportation over a certain period of time - a month, quarter or year. At the same time, one-time agreements for the transportation of goods are not excluded.
By its legal nature, a transportation agreement can be compared to preliminary agreement regulated by Art. 429 of the Civil Code of the Russian Federation, because it gives rise to the obligations of the parties to enter into separate agreements for each specific fact of cargo transportation. The contract for the carriage of goods is consensual, that is, it comes into force at the moment of its signing, and does not determine the conditions of commodity turnover between business entities, but establishes the order and organization of legal relations in the future.
Civil Code of the Russian Federation in Art. 791 stipulates that the carrier undertakes the obligation to provide a vehicle for transporting cargo within the period specified in the agreement on the organization of transportation. In case of violation of the assumed obligation, the carrier is liable in accordance with Art. 794 Civil Code of the Russian Federation. The same article contains a list of circumstances in the event of which the carrier or sender is released from liability for failure to fulfill their obligations:
Among these circumstances are:
- force majeure;
- obstacles encountered as a result of a natural disaster;
- the beginning of hostilities;
- introduction of restrictions or complete cessation of transport communications in specified directions as a result of a blockade, epidemic or other circumstances making it impossible to carry out transportation.
Main contract for the carriage of goods
According to Article 785 of the Civil Code of the Russian Federation, under an agreement for the carriage of goods, the carrier is obliged to deliver the cargo transferred to him by the sender and deliver it to the agreed destination with subsequent delivery to the consignee, and the sender is obliged to pay for the services provided the amount specified in the contract.
The legislation regulates the mandatory conclusion of a contract for the carriage of goods in writing. This requirement is contained in paragraph 2 of Art. 785 of the Civil Code of the Russian Federation. The written form of the agreement may be:
- a bill of lading drawn up and issued to the sender;
- bill of lading;
- other document for the transported cargo provided for by the transport charter or code.
Considering that documents are issued at the moment the sender transfers the cargo to the carrier, such an agreement is real and is considered concluded at that moment.
It is important to know that activities aimed at transporting goods whose total weight exceeds 3.5 tons are subject to licensing. Neglect of this obligation may lead to the imposition of penalties on the cargo carrier and invalidation of the agreement.
Delivery times
The agreement is urgent, given that the parties indicate a specific deadline for fulfilling the obligation under the transaction - delivery of cargo. Delivery times can be agreed upon by the parties independently or through regulation. If the parties decide not to limit the delivery time of the cargo by specific deadlines, then the transferred property must be delivered within a reasonable time.
Payment for carrier services
The agreement on the carriage of goods refers to paid contracts. The cost of services for cargo transportation is determined and established in accordance with current transport charters and codes. Commercial organizations Those engaged in cargo transportation do not have the right to refuse service to anyone who applies based on the publicity of this type of legal relationship. By concluding an agreement, the sender provides the carrier with a completed and signed transportation document - a waybill.
Parties to the agreement
In an agreement on the carriage of goods, on the one hand, the carrier acts, and on the other, the shipper is the owner of the cargo, or another person acting in the interests of the sender. The agreement is bilateral, because each of the parties to the legal relationship has mutual rights and obligations.
It is important to understand that this agreement, in fact, is concluded in the interests of a third party - the consignee, who, although not a party to the agreement, also acquires rights and obligations. Without signing the agreement, the consignee has the right to demand the release of the shipped cargo at the agreed destination.
If the carrier violates the obligation to deliver and release the cargo at the final destination, the consignee has the right to submit a claim regarding the loss of the cargo, and if the carrier fails to properly fulfill the obligation, to make a claim regarding the violation of agreements on the quantity and quality of the cargo issued.
You should also remember about the carrier’s liability for failure to meet delivery deadlines. Possible violations are not exhaustive, and the recipient has the right to make reasonable claims on other grounds.
If we talk about the responsibilities of the consignee, these include:
- receiving cargo;
- removal from the territory of the destination;
- final settlement with the carrier, if such an obligation is provided for in the agreement.
The delivery time of the cargo is one of the essential terms of the transportation agreement. If the parties for some reason do not indicate the delivery time in the text of the contract, then it must be carried out within a reasonable time.
Responsibility of the parties
As noted earlier, each of the participants in legal relations in the field of transportation from the moment the agreement is concluded is endowed with certain rights and obligations. Violation of assumed obligations will lead to liability for the guilty party in accordance with the terms of the agreement, as well as in accordance with current civil law.
The carrier's liability may arise as a result of:
- missing delivery deadlines for passengers or cargo;
- damage or complete destruction of cargo;
- unjustified refusal to fulfill obligations after signing the agreement;
- failure to provide or untimely provision of transport for transportation.
The shipper's liability may arise as a result of:
- missing deadlines for providing cargo for shipment;
- violation of the obligation to pay for services provided;
- other grounds, as agreed by the parties.
The consignee's liability may arise as a result of:
- refusal to receive the delivered cargo in accordance with the terms of the concluded agreement;
- refusal to pay for the cargo, if such an obligation was provided for in the agreement.
Agreements for the provision of transport services complex look contracts. It must be prepared and signed responsibly. Before entering into such legal relations, you must carefully familiarize yourself with the current regulatory framework. The parties can agree in the contract on sanctions for violation of obligations in the form of a fixed fine or penalty as a percentage of the contract amount for each day of delay in fulfilling obligations.
Dispute Settlement
The parties may agree on the procedure and timing for submitting claims and demands in the event of a violation of obligations. If the parties fail to resolve the dispute out of court, the final authority will be to go to court.
Agreement No._
for the provision of transport services
LLC "Ivanov", hereinafter referred to as the “Customer”, represented by Director Ivanov I.I., acting on the basis of the Charter, on the one hand, and LLC "Petrov", hereinafter referred to as the “Contractor” represented by General Director Petrov P.P., acting on the basis of the Charter, on the other hand, collectively referred to as the “Parties” have entered into this Agreement as follows:
1. Subject of the agreement
1.1. The Contractor undertakes to provide transport services to the Customer during the validity period of this Agreement, including services for the transportation and forwarding of goods, and other services, and the Customer undertakes to accept and pay for the services provided in accordance with the terms of this Agreement.
1.2. The Contractor provides services under this agreement on the basis of the Customer’s application, drawn up in accordance with Appendix No. 1, which is an integral part of this Agreement.
2. Cost of services
2.1 The cost of services is determined on the basis of Appendix No. 2, which is an integral part of this agreement.
2.2 The cost of services is subject to change in the event of changes in prices for fuels and lubricants by signing an additional agreement by the Parties.
2.3 All proposals to change the types, volumes and costs of services provided under this Agreement are sent by one Party to the other Party at least 10 calendar days before the start of the expected period of changes.
3. Payment procedure
3.1. Payment under the contract is made by the Customer for services actually rendered within 10 (ten) calendar days from the date of signing the Certificate of Work (Services) Completed on the basis of the Certificate of Work (Services) Completed presented by the Contractor, invoices issued by the Contractor after the Parties have signed the Certificate of Work Completion ( services). The invoice is provided within 5 calendar days after signing the Certificate of Completion of Work (Services).
3.2. The certificate of completed work (services) must be presented by the Contractor to the Customer for review and subsequent signing no later than the 10th (tenth) day of the month following the month in which the services were provided. If the Customer has no complaints about the quality and timing of the services provided, the Certificate must be signed by the Customer no later than the 15th (fifteenth) day of the month following the month in which the services were provided. If the Customer delays signing the Certificate of Completion of Work (Services) and does not provide a reasoned refusal to accept services without good reasons before the 15th (fifteenth) day of the month following the month of provision of services, services under this Agreement are considered accepted by the Customer and are subject to payment in the manner prescribed by Section 3 of this Agreement.
3.3. The Contractor’s involvement of third parties to provide services is possible only by agreement with the Customer.
3.4. On a monthly basis, the Parties are required to reconcile the fulfillment of obligations and mutual settlements with the preparation of a corresponding Reconciliation Report. The reconciliation report must be signed by the Customer and the Contractor within 30 (thirty) calendar days following the last day of the month in which the services were provided.
4. Responsibilities of the performer
4.1. The Contractor undertakes:
4.1.1. provide services in accordance with the conditions established by this Agreement;
4.1.2. in agreement with the Customer, determine the scope and nature of services;
4.1.3. ensure timely delivery of vehicles in good condition, suitable for transport services in accordance with the Customer’s requests;
4.1.4. equip vehicles everything necessary to fulfill obligations under this Agreement, as well as provide drivers with necessary documentation for the execution of the Agreement.
5. Responsibilities of the customer
5.1. The customer undertakes:
5.1.1. timely accept and pay for the services provided by the Contractor, in accordance with the Certificates of Completion of Work (Services) signed by the parties and on time, in accordance with the terms of this Agreement;
5.1.2. immediately notify the Contractor of all violations committed by the Contractor's personnel;
5.1.3. inform the Contractor in writing about a change in the mode of service provision, shift shift or refusal of equipment already agreed upon for the month.
6. Terms and procedure for the provision of services
6.1. Services are provided on any day of the week, including Saturday and Sunday, at the request of the Customer, which contains the quantity and type of rolling stock required, the date, time and place of loading, the delivery time of the cargo and other conditions necessary for high-quality delivery of the cargo.
6.2. The Customer's dispatcher submits the request by fax before 14:00 on the day preceding the day of loading. The Contractor informs the Customer by fax of his consent/disagreement to carry out transportation according to the application within two hours from the moment of its acceptance.
6.3. The Customer has the right to refuse the Contractor’s services based on a previously submitted application, subject to notification of this in writing during business hours on the day preceding the day the relevant vehicle is delivered.
6.4. The Contractor delivers the vehicles to the loading address specified in the application in fully operational condition, meeting all technical requirements requirements for this type of vehicle.
6.5. If a malfunction occurs in the vehicle during the provision of services, the Contractor must immediately notify the Customer, but in any case, as soon as possible, replace the defective vehicle with an equivalent, working vehicle.
6.6. Upon arrival at the loading site and after its completion, the driver/performer of the vehicle in his waybill, the Customer notes the time of arrival and departure from the loading site, respectively.
6.7. The time of arrival of the vehicle for loading is calculated from the moment the driver/performer presents the waybill at the loading point, and the time of arrival of the car for unloading is calculated from the moment the driver/performer presents the waybill at the unloading point.
6.8. The customer submits the following documentation for the cargo presented for transportation:
Consignment note, which is the main accompanying document used to accept cargo for transportation and hand it over to the consignee;
All shipping documents necessary for the smooth organization of road transportation of accepted cargo from the point of loading to the point of unloading, including certificates, quality certificates, copies of contracts, driving directions, etc.
6.9. Loading and unloading are considered completed after delivery of the completed shipping documents for the cargo to the driver/performer.
6.10. Loading of cargo onto the vehicle, securing, covering and tying of cargo is carried out by the Customer. The driver/performer checks the compliance of the stowage and securing of cargo in the rolling stock with traffic safety requirements and ensuring the safety of the cargo and rolling stock, and, if necessary, informs the Customer about any deficiencies noted in the stowage and securing of the cargo that threaten its safety. The customer, at the request of the driver/performer, is obliged to eliminate any deficiencies found in the stowage and securing of the cargo.
6.11. Loaded vehicles are sealed by the Customer at the loading site in the presence of the driver/performer of the vehicle.
6.12. The Contractor organizes the transportation of cargo only if all the documents necessary for transportation are available.
7. Responsibility of the parties
7.1. In case of non-fulfillment or improper fulfillment by the Parties of their obligations under this Agreement, the Parties bear property liability provided for by the current legislation of the Russian Federation and this Agreement.
7.2. If one party causes losses to the other party, the latter has the right to recover damages in full from the guilty party.
7.3. If the Customer does not make monthly payments for the services provided by the Contractor in accordance with clause 3.1. of this Agreement, the Contractor has the right to collect from the Customer a penalty in the amount of 0.1 (zero point one) percent of the cost of the unpaid monthly volume of services for each day of delay in payment.
8. Privacy
8.1. The Parties undertake not to distribute to third parties any information related to the business or commercial secret of the other Party and/or use it for purposes unrelated to the execution of this Agreement.
9. Dispute resolution
9.1. The parties will take all measures to resolve disputes and disagreements arising in relation to this Agreement in a friendly manner. If agreement is not reached, a claim is filed against the party that committed improper fulfillment of obligations within the time limits established by the civil legislation of the Russian Federation.
9.2. If the Parties are unable to reach an agreement, then all disputes and disagreements will be resolved in the arbitration court at the Chamber of Commerce and Industry of the Samara Region.
10. Entry into force of the agreement and its duration
10.1. This Agreement comes into force from the moment it is signed by both Parties and is valid until December 31, 2012, and in terms of settlements until their full completion.
10.2. If no later than 30 days before the expiration of the specified period, neither Party expresses a desire to terminate this Agreement, the Agreement is automatically extended for the next calendar year.
10.3. This Agreement may be terminated early in cases and in the manner provided for by the current legislation of the Russian Federation.
11. Force majeure
11.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if they were the result of force majeure circumstances beyond the reasonable control of the Parties, namely: fire, flood, earthquake, epidemic, epizootic, war, hostilities, as well as an export ban and import, embargo of the Government of the Russian Federation and other competent authorities on the activities of the parties, as well as other circumstances that, in accordance with current legislation, may be classified as force majeure circumstances. The deadline for fulfilling Contractual obligations is proportionately postponed for the duration of such circumstances.
11.2. The Party for which it is impossible to fulfill its obligations under this Agreement must immediately (within 24 hours) notify the other Party of the occurrence and termination of such circumstances and provide documents confirming the existence of such circumstances. Proof of the facts specified in the notice is a certificate issued by the Chamber of Commerce and Industry.
11.3. If force majeure circumstances last more than one calendar month, then each Party has the right to terminate this Agreement, to which the Parties will sign an appropriate addendum to this Agreement on its termination bilaterally.
12. Final provisions
12.1. All changes and additions to this Agreement are made in writing.
12.2. All changes and additions to this Agreement are considered valid only if they are signed by authorized representatives of the Parties.
12.3. All changes and additions to this Agreement, signed taking into account the requirements of clauses. 12.1 and 12.2. are an integral part of the Agreement.
12.4. After the entry into force of the agreement, all previous correspondence between the Parties relating to the subject of this Agreement becomes invalid.
12.5. Reorganization of any of the Parties is not a basis for changing the terms or terminating the Agreement. In this case, the Agreement remains in force for the legal successors of the parties.
12.6. This agreement is drawn up in two original copies having equal legal force.
13. Addresses and details of the parties