Agreement dos. Transportation agreement between individuals (IP) and legal entities (LLC, JSC)

This selection of samples and forms will help to carry out any transportation of goods in Russia by road. Regulations regulate transport logistics and allow to establish legal relations between the cargo owner, the carrier and the freight forwarder. In addition to documents, you may be interested in our overview.

The page contains samples and forms of documents for cargo owners and carriers. These commercial documents allow you to regulate the duties and responsibilities of the customer and the contractor in the field of freight traffic in Russia. The base of normative acts (forms) will be useful for transport and logistics companies, as well as individuals working in the field of logistics and cargo transportation. Based on the presented standard documents, shippers and carriers can carry out domestic or international cargo transportation of any kind and purpose, such as: road transportation, railway transportation, air transportation, sea, river transportation.

When transporting goods in Russia, carriers and cargo owners are required to comply with the provisions of the Russian Federation and draw up the following documents:

1. CARRIAGE CONTRACT

  • Note:a contract for the carriage of goods is concluded between legal entities (companies), where one party is the customer, and the other is the contractor. The same agreement is concluded between the company (legal entity) and by an individual(private trader), where a private person can only be a customer. Contracts for the carriage of goods are divided into short-term and long-term. Short-term contracts, as a rule, are concluded for a one-time transportation of a specific product (cargo), a bid contract can also act as a short-term contract. Long-term contracts are concluded for one year or more and imply permanent obligations of the contractor (carrier) to accept and deliver the customer’s cargo during the entire term of the contract, and the customer (cargo owner) is obliged to provide permanent basis cargo for transportation (volume) prescribed in the contract.
  • The rules for concluding contracts for the carriage of goods: by road, railway transport, air transport, sea or river transport, regulates.

Form of contract for the carriage of goods by road

  • Hat.
  • Paragraph 1. Subject of the contract - briefly indicate the subject of the contract between the customer and the contractor.
  • Point 2. Responsibilities of the Contractor - Specify the responsibilities of the performer. (This paragraph can be removed and the duties of the performer, for example, in paragraph 3, can be prescribed).
  • Point 3. Obligations of the parties - indicate the obligations of the contractor and the customer.
  • Item 4. Payment procedure for the contractor's services - enter the payment procedure, here you can specify the payment terms, how the customer will pay, cash or bank transfer, etc.
  • Item 5. Responsibility of the parties - we indicate the responsibility of the contractor and the customer, fines, penalties, etc. (Point 5 can be divided into different points, for example, the responsibility of the customer and the responsibility of the contractor).
  • Item 6. Validity period of this agreement - indicate the duration of the agreement and methods of its prolongation.
  • Item 7. Dispute resolution - we indicate how and where disputes between the customer and the contractor will be resolved if they arise.
  • Item 8. Force majeure circumstances - we indicate under what circumstances the obligations under the contract can be removed from the customer and the contractor.
  • Item 9. Special conditions - in this paragraph, you can specify the special conditions of the contract, for example, not to disclose to third parties any information about each other, how many copies of the contract were drawn up or how it can be changed, etc.
  • Item 10.

2. TRANSPORT FORWARD AGREEMENT

  • Note:A freight forwarding agreement is needed when, during the transportation of goods, it becomes necessary to perform a whole range of auxiliary operations related to the transportation and receipt of goods: in particular, their packaging, marking, loading and unloading, their delivery to the station (port) of departure or from the station ( port) of destination to the consignee's warehouse. Many may have a question, what is the difference between the contract of carriage and the contract of transport expedition. In the field legal regulation the contract of carriage and the contract of transport expedition are two independent and independent contracts.
  • Civil Code Russian Federation, directly provides for the possibility of the carrier fulfilling the duties of a forwarder - in this case, the contract becomes mixed and the rules governing the freight forwarding contract (clause 2 of article 801 of the Civil Code) apply to transport and forwarding relations under such a mixed contract. Article 801 of the Civil Code of the Russian Federation, the concept of “duties of a forwarder.

Form of the contract of transport expedition

  • For your convenience, the contract has already been completed. You only need to open the file in the word editor and substitute your information in the appropriate fields, the instructions below will help you with this.

Instructions for filling out the contract

  • Hat. The heading of the contract contains the name of the organization (full name of the company), full name. director and on the basis of what documents he concludes an agreement, for example, a charter, powers of attorney, etc.
  • Paragraph 1. Subject of the contract - briefly indicate the subject of the contract between the freight forwarder and the client.
  • Point 2. Responsibilities of the Forwarder - Specify the responsibilities of the forwarder.
  • Point 3. Documents for the forwarder - documents required by the forwarder for the carriage of goods.
  • Item 4. Responsibility of the forwarder - indicates the responsibility of the forwarder, fines, penalties, forfeits, etc.
  • Item 5. Final provisions - we indicate the rules for terminating the contract, full details of legal entities. person or natural person, signatures and seals of both parties.

3. CONTRACT APPLICATION FOR SHIPPING

  • Note:the contract application for the carriage of goods can act as the main contract between the customer and the contractor, and an annex to the main contract for the carriage of goods. The application contract is often used for a one-time transportation, as a simplified version of the main contract. In such a "mini contract", as a rule, the main points are prescribed that regulate the obligations and responsibilities of the parties.

Application form for the carriage of goods by road

  • For your convenience, the contract application has already been completed. You only need to open the file in the word editor and substitute your information in the appropriate fields, the instructions below will help you with this.

Instructions for filling out the application agreement

  • Hat. In the header of the application agreement, it is indicated that this is an application agreement, the outgoing number, date and place of conclusion of the application agreement are indicated.
  • Paragraph 1.
  • Point 2.
  • Point 3.
  • Item 4.
  • Item 5.
  • Item 6. Additional conditions - here you can specify the responsibility of the customer, fines, penalties and other legal issues.
  • Item 7.
  • Item 8. Details of the parties - here we indicate the full details of the legal entity. persons or natural persons. (The signatures and seals of both parties must be affixed, otherwise the contract will not have legal force).

4. APPENDIX TO THE MAIN CONTRACT APPLICATION FOR THE CARRIAGE OF CARGO

  • Note: an application for the carriage of goods as an annex to the main contract may not have clauses regulating the legal rights of the customer and the contractor. As a rule, it is used in long-term cooperation between the cargo owner and the carrier, as evidenced by the contract concluded for a period of one year or more. This application form is more of an information document, which indicates: the date and time of delivery of the transport, the point of loading and unloading, the data of the driver, the car, and only after approval by the signature or seal of the customer is legally binding and acts as an annex to the contract for the carriage of goods. All the main clauses regulating the obligations and responsibilities of the parties are regulated by the main contracts with reference to the application (application).

Application form for the carriage of goods annex to the contract

  • For your convenience, the annex to the contract has already been completed. You only need to open the file in the word editor and substitute your information in the appropriate fields, the instructions below will help you with this.

Instructions for filling out an application for the carriage of goods

  • Hat. The header of the application indicates that this is an annex to the main contract, the outgoing number of the contract and application, the date and place of the conclusion of the application.
  • Paragraph 1. Route - specify the city of loading and the city of unloading.
  • Point 2. Loading - indicate the shipper, address, date of loading and the contact person who will be present at the loading.
  • Point 3. Unloading - indicate the consignee, address, date of unloading and the contact person who will be present at the unloading.
  • Item 4. Cargo parameters - specify the name of the cargo, weight, dimensions, packaging.
  • Item 5. Mutual settlements - indicate the cost of transportation and how payment will be made to the contractor.
  • Item 6. Additional conditions - we indicate that the facsimile copy is legally binding. (In general, this item can be removed, since all the conditions are spelled out in the main contract.
  • Item 7. Dedicated rolling stock - indicate the name of the transport, state. numbers, full name, passport details, license number and driver's phone number.
  • Item 8. Details of the parties - here we indicate the full details of the legal entity. persons or natural persons. (The signatures and seals of both parties must be affixed, otherwise the application will not have legal force).

5. TRANSPORT BILL TN

  • Note: The new normative act, the consignment note, has been in force since March 2012. It is a mandatory and basic accompanying shipping document for cargo carriers. TN is printed in three copies, for: the cargo owner, the carrier and the consignee. The form (TN) contains fields with full data of the cargo carrier, consignor, consignee and confirms the right of the carrier to transport the cargo. TN is filled in only when the delivery of goods to the recipient is carried out by a third party transport company. The main task (TN) is to regulate the relationship between the consignor, the carrier and the consignee.

Bill of lading TN

  • For your convenience, the bill of lading has already been filled out. You just need to open the file in the word editor and substitute your information in the appropriate fields, the instructions below will help you with this.

Instructions for filling out the bill of lading TN

  • Paragraph 1. Shipper - fill in the name of the shipper's company, address, phone.
  • Point 2. Consignee - fill in the name of the shipper's company, address and phone number.
  • Point 3. Name of the cargo - indicate the name of the cargo, number of pieces, packaging, dimensions of the cargo (weight, volume).
  • Item 4. Accompanying documents - indicate the documents if any are required for the cargo, for example, health certificates, passports, etc.
  • Item 5. Shipper's instructions - indicate the parameters of the freight transport, weight, volume or temperature regime etc.
  • Item 6. Acceptance of cargo - indicate the address, date, time of loading, seal number, if the cargo is sealed.
  • Item 7. Delivery of cargo - indicate the address, date, time of unloading, seal number, if the cargo is sealed.
  • Item 8. Conditions of transportation - enter the number of the seal.
  • Item 9. Information about the acceptance of the order - enter the date, month, year, full name and signature of the person who accepted the application.
  • Item 10. Carrier - fill in the name of the carrier company, address, phone number and full name of the driver.
  • Item 11. Vehicle - fill in the brand, number and other parameters of the vehicle.
  • Item 12. Reservations and remarks of the carrier - we fill in the remarks, for example, if the package or cargo is damaged.
  • Item 13. Other conditions - we fill in the numbers of special permits if the cargo is oversized or dangerous.
  • Item 14. Forwarding - fill in if the unloading point has changed.
  • Item 15. Cost of services - fill in the cost of the carrier's services and indicate the form of payment, for example, cash or non-cash payment.
  • Item 16. Date of compilation and signatures of the parties - fill in the date, full name, put murals and seals.
  • Item 17. Marks of consignors, consignees, carriers - fill in short description circumstances, if such arose in the course of transportation of goods.

6. COMMODITY TRANSPORT BILL OF THIS

  • Note: Waybill (TTN) form 1-T - this document is designed to record the movement of goods material assets and payments for their delivery by road. According to UAT and Civil Code is a confirmation of the conclusion of the contract of carriage. TTN is drawn up in 5 original copies: the 1st copy remains with the consignor, in confirmation of acceptance of the goods by the driver for transportation signed by him, the rest signed by the driver leave with the cargo, 4 forms of TTN are given to the recipient at unloading to certify him with a seal and signature, 2- the th copy of the TTN remains with the consignee, and 3, 4 and 5 are given to the driver and these TTN forms are already distributed between the carrier (one copy), the forwarder (one copy) and the latter is then sent to the consignee to confirm the completion of the transportation and transfer of material assets to the recipient in full volume.
  • According to the Decree of the State Statistics Committee of the Russian Federation dated November 28, 1997 No. 78 "On approval unified forms primary accounting documentation for accounting of the work of construction machines and mechanisms, work in road transport" waybill for the carriage of goods by road is compiled by the consignor for each consignee separately for each car trip with the obligatory filling in of all details.


Bill of lading TTN

  • For your convenience, the bill of lading has already been filled out. You only need to open the file in excel editor and substitute your information in the appropriate fields, the instructions below will help you with this.

Instructions for filling out the bill of lading TTN

  • First section. The first section is called "Commodity". This section describes the commodity relationship between the shipper, the consignee and the buyer of the goods (often the recipient and the buyer are the same person).
  • Second section. The second section is called "Transport" it contains data on the car, driver, route of transportation.

7. POWER OF ATTORNEY TO RECEIVE goods and materials

  • Note: A power of attorney to receive cargo is a special document that gives the right to receive cargo and accompanying documents on it, and also allows you to issue waybills for the goods and receive money for delivery services. A power of attorney can be filled out on behalf of an organization, individual entrepreneur, or on behalf of an individual. The power of attorney to receive material assets has 2 standard forms: M-2 and M-2a, approved by the Decree of the State Statistics Committee of Russia dated October 30, 1997 No. 71a. Form M-2 is used in the case of a single receipt of goods and materials, with regular receipt of goods and materials, form M-2a is used.
  • A power of attorney is a written authorization issued by one person to another person for representation before third parties in accordance with paragraph 1 of Art. 185 of the Civil Code of the Russian Federation).

Form of power of attorney to receive goods and materials form M-2

Form of power of attorney to receive goods and materials form M-2a

  • For your convenience, the powers of attorney have already been filled out. You only need to open the file in excel editor and substitute your information in the appropriate fields, the instructions below will help you with this.

Instructions for filling out a power of attorney to receive goods and materials form M-2 form M-2a

  • Form M-2. This form is issued exclusively for the receipt of inventory items (inventory and materials) from the supplier with whom the contract was first concluded or the goods are purchased from him very rarely. At the same time, the spine of the detachable part is a confirmation of this fact, the existing power of attorney and is saved in the accounting department.
  • Form M-2a. This type form It is used for permanent receipt of values ​​from one supplier. This power of attorney is drawn up in a single copy, and is also registered in the appropriate journal, where a list of all issued powers of attorney is stored.
  • 1. The name of the receiving company. This company issues a power of attorney.
  • 2. Number. It must be individual.
  • 3. Date of issue. End date of the power of attorney.
  • 4. The name of the goods received, i.e. name, labeling, packaging, etc.
  • 5. A unit of measure for the quantity of products received. The quantity or volume of the product received.
  • 6. Full name, series and number of the passport, the position of the person for whom the power of attorney is issued.
  • 7. Authorized person's signature.
  • 8. A place for certifying signatures of the heads of the enterprise, the director and the chief accountant. Signatures are stamped.

8. CHARTER OF ROAD TRANSPORT

  • Note: Federal Law No. 259-FZ of November 8, 2007 (as amended on July 13, 2015) "Charter road transport and urban ground electric transport" (as amended and supplemented, entered into force on 10/19/2015).
  • RUSSIAN FEDERATION FEDERAL LAW CHARTER OF AUTOMOBILE TRANSPORT AND URBAN GROUND ELECTRIC TRANSPORT (Adopted by the State Duma on October 18, 2007, approved by the Federation Council on October 26, 2007.

Charter of road transport (as amended on April 20, 2015 N 102-FZ, on July 13, 2015 N 248-FZ)

  • For your convenience, the charter is completely filled out. All you need to do is open the file in word editor and print.

instruction, summary charter.

  • Chapter 1. General provisions
  • Chapter 2 Cargo transportation
  • Chapter 3 Regular transportation of passengers and luggage
  • Chapter 4 Transportation of passengers and luggage on orders
  • Chapter 5 Transportation of passengers and luggage by passenger taxis
  • Chapter 6 Liability of carriers, charterers, consignors, consignees, passengers, charterers
  • Chapter 7 Acts, claims, lawsuits
  • Chapter 8 Final provisions

9. JOURNEY

  • Note: Waybill truck issued by an organization operating a vehicle for the purpose of transporting goods. It is designed to take into account the work of the driver and the vehicle, being the basis for making settlements with the customer for the carriage of goods, as well as for settlements with the driver for payment of his labor.
  • Waybill of a truck Standard intersectoral form N 4-C Approved by the Decree of the State Statistics Committee of November 28, 1997 N 78


Waybill Form 4-C

  • Waybill of a truck Standard intersectoral form N 4-P Approved by the Decree of the State Statistics Committee of November 28, 1997 N 78


Waybill Form 4-P

Instructions for filling out waybills.

  • Form No. 4-C. It is applied at piece-rate system of payment for transportation of cargo.
  • Form No. 4-P. Applicable for time system calculations.
  • 1. On the waybill issued to the driver in without fail the date of issue must be affixed, as well as the stamp and seal of the organization - the owner of the car. Each issued waybill is subject to obligatory registration in a special register for the movement of waybills. In this case, the date of registration of the document must coincide with the date indicated on its letterhead. As a rule, the dispatcher of the company - the owner of the vehicle is responsible for registering waybills.
  • 2. Form No. 4-p contains lines that allow you to enter the numbers of the relevant shipping documents issued during the transportation of inventory items. Each waybill is accompanied by one copy of the shipping documentation for the entire cargo transported during this work shift of the driver.

10. INTERNATIONAL CMR WAYBILL

  • Note: CMR refers to the international waybill, which is considered a mandatory element customs declaration. When crossing the border with any goods, you must have such an invoice in stock. The CMR bill of lading must be issued for shipments to all European countries.
  • Form and order filling out the CMR(international waybill), approved by the Ministry of Transport and Communications. All rules are fixed in the relevant convention, which was approved in 1956. The convention involves the regulation of contractual relations for the international transportation of goods between countries.

International consignment note CMR

Instructions for filling out the CMR.

  • How many copies. One copy for the sender. The second instance for the recipient. The third copy for the carrier. The fourth copy for calculations.
  • Paragraph 1. Name/name of the sender/shipping company.
  • Point 2. Name/name of recipient/receiving company.
  • Point 3. The name of the cargo to be transported across the border.
  • Item 4. The weight of the transported cargo.
  • Item 5. Overloading of goods along the route is not allowed.
  • Item 6. Information about payments that must be paid without fail.
  • Item 7. The amount of those payments that are payable at the time of delivery of the goods.
  • Item 8. Information about the declared value of goods.
  • Item 9. Recommendations that say about the insurance of the goods.
  • Item 10. Information about the period during which the sender must carry out the transportation.
  • Item 11. List of all documentation that is transferred directly to the carrier.

Download the file from detailed instructions for completing CMR

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Rendering agreement transport services for the carriage of goods

by road No. ___

Moscow "___" ____________ 2018

CUSTOMER: LLC "Company", represented by Director General Surname Name Patronymic (in the genitive case), acting on the basis of the Charter on the one hand and, EXECUTOR: individual entrepreneur Surname Name Patronymic, acting on the basis of the Certificate on the other hand, collectively referred to as the "Parties", have drawn up this Agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Customer instructs, and the Contractor assumes the organization of transportation of goods in urban, suburban and intercity road traffic.

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 organizing and carrying out transportation, are indicated by the Customer in the Application ( Annex 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 supply of vehicles that are technically sound and suitable for the transportation of the Customer's cargo for loading at the place and time specified in the application.

2.4. In the event that the Contractor provides vehicles unsuitable for the transportation of the Customer's cargo, the Contractor's employee, if possible, eliminates the shortcomings that impede the transportation of the cargo. If it is impossible to eliminate the shortcomings on the spot, the Contractor shall replace the vehicle as soon as possible. The customer has the right to refuse, without incurring liability, from the submitted vehicle, if its parameters differ from the parameters specified in the Application and do not allow the carriage of goods.

2.5. The Contractor, represented by the driver of the vehicle, has the right to refuse reloading in excess of the weight specified in the Application. In this case, the Customer is obliged to eliminate the overload of vehicles. If the Contractor agrees to take the transshipment, the calculation for the transshipment of vehicles is carried out according to the agreement.

2.6. In case of impossibility to supply vehicles due to unforeseen circumstances, the Contractor is obliged to immediately inform the Customer about this and provide other vehicles at no additional charge.

2.7. Deliver the cargo to its destination and hand it over to the consignee.

2.8. Forward the cargo at the request of the Customer and carry out verification (recalculation) of the cargo according to the waybills 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 by choosing 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 transportation, protection, dangerous by nature cargo.

3. OBLIGATIONS 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 of the 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 has no attachments that are prohibited or restricted for transportation by road on the terms of the Contractor in accordance with the current legislation of the Russian Federation.

3.3. If the cargo is presented for transportation with the 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 (using e-mail) indicating all the necessary data no later than 17.00 hours of the day preceding the day of loading. The parties have the right to refuse to supply vehicles without compensation for damage / loss, 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 hours of the day preceding the day of loading. Otherwise, the Customer is obliged to pay the Contractor the losses associated with the supply of vehicles in the amount of 50% of the minimum cost of ordering this vehicle.

3.5. Provide unobstructed access roads to the place of loading / unloading. Timely and properly issue documents (passes) for the right to enter and exit vehicles at the places of loading / unloading.

3.6. Before the arrival of vehicles for loading, prepare the cargo for transportation (pack, mark). In case of refusal of the necessary container / packaging, the Customer is responsible for all consequences of damage, damage and loss.

3.7. Issue to the Contractor the shipping documents, or certified copies of them for the cargo, necessary to accompany the cargo (power of attorney for the transportation of cargo, waybills, certificates of conformity and safety, invoices, passports, etc.) and the implementation of customs, sanitary and other types 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 the obligations stipulated by the Contract, including the numbers/addresses of the means of communication (telephone, e-mail).

3.9. Accept the delivered cargo or ensure its acceptance by the consignee, if the Customer is the consignor of the cargo. In the absence of the consignee specified in the Application at the destination, or the consignee refuses to accept the cargo, pay the expenses of the Contractor for the delivery of the cargo to the destination, for the return of the cargo to the point of departure, as well as the expenses for storing the cargo.

4. COST OF SERVICES AND PROCEDURE OF PAYMENTS

4.1. The cost of the Contractor's services is specified in Appendix No. 1 to this Agreement or is negotiated for each transportation separately in the Application (Appendix No. 2).

4.2. The Customer pays all unforeseen and documented expenses of the Contractor, incurred by him additionally in the process of executing this Agreement and lawfully paid by the Contractor, including demurrage / running of vehicles due to reasons beyond the control of the Contractor, arrival of vehicles at several addresses when delivering goods from / to of the Customer, entrances to the territory of loading / unloading, etc. All expenses incurred in the interests of the Customer are included in the invoice by the Contractor.

4.3. Payment for services for the organization of transportation of goods is made by the Customer according to the invoices issued within 5 (five) banking days from the date of receipt of the invoice by transfer Money to the Contractor's account.

4.4. The invoice for the services rendered can be made by the Contractor both for a separate transportation and for certain period during which the transportation took place. The Contractor provides the Customer with an invoice by e-mail, the Customer undertakes to pay it within 5 days from the date of receipt.

4.5. The act of acceptance and delivery of the services provided must be agreed 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 of changes in the act, then, after 5 (five) days from the date of receipt, the act is considered approved.

4.5.2. If discrepancies in the cost are found during the agreement and approval of the act, then the next invoice is issued taking into account the established discrepancies. In the event of a one-time transportation or termination of this Agreement, the Contractor shall reimburse the overpaid funds.

4.6. In the event that the Customer fails to pay the invoices issued by the Contractor or the Customer has another 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 the retention of property. For the resulting damage to the cargo due to its retention by the Contractor, in the cases provided for in this clause, the Customer shall be liable.

4.7. By agreement of the Parties, the amounts intended to cover the expenses of the Contractor may be paid by the Customer in an advance payment (advance payment).

5. RESPONSIBILITIES OF THE PARTIES

5.1. Contractor's responsibility:

5.1.1. For failure or improper performance 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 application of the Customer, the Contractor is responsible in the amount of 50% of the minimum cost of ordering this vehicle. At the same time, the Contractor is not released from the obligation to provide vehicles. Non-delivery is considered the refusal of the Customer from the Contractor's vehicle in case of its delay by more than 4 (four) hours in accordance with the Application.

5.1.3. For untimely delivery of vehicles, the Customer has the right to require the Contractor to pay a penalty in the amount of 5% of the minimum cost of ordering this vehicle for each hour of delay.

5.1.4. The Contractor is not responsible for unreliably declared cargoes, as well as for the 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 Freight Forwarding service, the Contractor shall be liable to the Customer in the form of compensation for real damage for the 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 to a person authorized by him, 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 breach of obligation was caused by improper performance of the Contracts of Carriage, then its liability to the Customer is determined in accordance with the same rules under which the relevant carrier is responsible to the Contractor.

5.2. Customer Responsibility:

5.2.1. The customer is responsible for the refusal of the order of vehicles later than 18:00 of the day preceding the day of transportation in the amount of 50% of the minimum cost of ordering 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 the indication of the name of the cargo), in the absence, insufficiency or inaccuracy 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 in invoices and other documents drawn up for the execution of the Agreement.

5.2.4. The Customer is liable for losses caused to the Contractor in connection with the failure to fulfill the obligation to provide information specified in this Agreement.

5.2.5. For a delay in payment of invoices issued by the Contractor and reimbursement of expenses incurred by him in the interests 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 full or partial failure to fulfill their obligations, if such failure is a consequence of force majeure circumstances, i.e. extraordinary and unavoidable 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, catastrophes, air temperature drop below minus 35 degrees Celsius, changes or the emergence of new legislative acts that have arisen after the conclusion of this Agreement, the actions of the government and bodies state power preventing the Parties from fulfilling their obligations.

5.3.2. The Party for which it became impossible to properly fulfill 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 these circumstances directly affects the fulfillment of obligations within the period specified in this Agreement, then this period, by written agreement of the Parties, is proportionally postponed for the time of the relevant circumstance. At the same time, the Parties are not entitled to demand compensation from each other for possible losses.

5.3.4. All legal and financial responsibility for the delay of the car on the way by the employees of the internal affairs bodies, associated with the absence or incorrect execution of documents for the cargo/vehicles, falls on the Party that executes the relevant documents, and in the case of documents for vehicles - on the Contractor.

5.3.5. In the event that 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. In the event that the Customer enters into an agreement (oral or written) on the provision of services with a driver or a loader from the Contractor directly, bypassing the Contractor, the Customer pays the Contractor a penalty in the amount of 50,000 rubles.

6. DISPUTES RESOLUTION

6.1. Disputes and disagreements that may arise during the execution of this Agreement will be resolved through joint negotiations between the Parties on the basis of the principles of mutual respect and recognition of the rights of the other Party.

6.2. In the event that the Parties during the negotiations did not reach an agreement on the settlement of disputed issues, the dispute is referred to Court of Arbitration Moscow for consideration in accordance with the current legislation of the Russian Federation.

6.3. Telegraphic and postal (including electronic) notifications have documentary value in subsequent lawsuits in arbitration, judicial instances between the contracting Parties, if any.

6.4. The contract, acts, applications, invoices and other documents sent 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 Agreement is automatically extended for the next calendar year, unless either Party notifies in writing of its termination 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 made in writing and signed authorized representatives both sides. For the purposes of this Agreement, the written form of the Parties means both the drawing up of a single document and the exchange of letters (including electronic ones), telegrams, messages using facsimile means that allow identifying the sender and the date of departure.

7.4. In case of early termination of the term of the Agreement, an Act of mutual settlements is drawn up. Each of the Parties is obliged to return the agreed amount (advance payment) to the other Party within 3 banking days.

7.5. In everything that is not stipulated in this Agreement, the Parties are guided by the current legislation of the Russian Federation.

7.6. This Agreement is made 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"

CEO

____________________ / FULL NAME.

EXECUTOR:

Individual entrepreneur Full name

____________________ / FULL NAME.

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.

When entrusting your cargo to the carrier, 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 Required documents and permissions.

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.

Agreement No. ____

transportation of goods by road


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


1. The Subject of the Agreement

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

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

2. The procedure for issuing documents for transportation

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

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

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


3. Rights and obligations of the Parties

3.1. The client is obliged:

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

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

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

3.2. The carrier is obliged:

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

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

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

3.2.4. In case of any delays on the way, the Carrier is obliged to immediately notify the Client. In the event of a breakdown of the vehicle, the Carrier is obliged to immediately notify the Client about this, ensure the reloading of the cargo into a serviceable vehicle and ensure the continuation of the transportation of the cargo to the place of unloading, if the Client has not given instructions in writing to the Carrier regarding further actions with the cargo.

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

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


4. Payment procedure

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

4.2. Payments for services rendered are made by bank transfer by the Client to the account of the Carrier, unless otherwise agreed by the Parties. The moment of payment is the date of receipt of funds to the account of the Carrier.

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


5. Liability of the parties

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

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

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

5.4. Client Responsibility:

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

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

5.5. Carrier's responsibility:

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

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

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

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

6. Force majeure

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

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

6.3. A Party that is unable to fulfill its obligations under the Agreement due to force majeure circumstances will make every effort to resume this performance as soon as possible.

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

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


7. Dispute resolution

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

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

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


8. Final provisions

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

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

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

8.4. In cases of conflict between the terms of this Agreement and the norms of the Civil Code of the Russian Federation, the norms of the Civil Code of the Russian Federation will apply (according to Articles 421, 422 of the Civil Code of the Russian Federation).

8.5. After signing this Agreement, all preliminary negotiations on it, correspondence, preliminary agreements and protocols of intent on issues, one way or another related to this Agreement, become null and void.