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Agreement No.

for the provision of transport services for the carriage of goods by road

______________ 20 Moscow

Limited Liability Company «__________» in the face CEO _____________________ acting on the basis of the Charter, hereinafter referred to as the "Customer" on the one hand and the Limited Liability Company " AVT-Stroy”, represented by the General Director of ______________, acting on the basis of the Charter, hereinafter referred to as the “Carrier”, on the other hand, have entered into this agreement as follows:

1. Subject of the contract

• The "Customer" instructs, and the "Carrier" assumes the organization of transportation in urban, suburban and interregional traffic on its own or by involving third parties at the expense of the "Customer".
• The "Customer" presents, and the "Carrier" accepts for transportation goods on the basis of an application.
• The "Customer" pays for the services of the "Carrier" in accordance with the agreed tariffs.

1. Organization of transportation

• Services are provided by the “carrier” on any days of the week, including Saturdays and Sundays, at the request of the “Customer”, containing the following data:

- quantity Vehicle and requirements for their equipment;

- nature (type) of cargo, its quantity and weight;

- transportation route;

— date, time and place of loading;

- date, time and place of unloading;

– contact persons and telephones for loading and unloading;

– agreed rate for transportation;

- features of transportation.

• The "Customer" submits the application to the dispatcher of the "Carrier" before 15.00 hours of the day preceding the day the transport is provided. When applying for the weekend, the application is submitted before 14.00 hours on Friday. The application is submitted orally or by fax.
• The "Carrier" before 17.00 hours of the day preceding the day of loading, informs the "Customer" of the numbers of vehicles sent for loading.
• The "Customer" has the right to refuse the services of the "Carrier" at any time on a previously sent application, provided that the "Carrier" is notified orally during the business day preceding the day the vehicle is submitted.
• Loading of goods into the car, securing and linking of goods is carried out by the representative of the "Customer" at the place of loading. The driver of the "Carrier" checks the compliance of the stowage and securing of cargo in the mobile vehicle with the requirements of traffic safety and ensuring the safety of cargo and rolling stock. And also informs the sender about the noticed malfunctions in the laying and securing of the cargo. The representative of the "Customer" at the request of the driver is obliged to eliminate the detected faults in the laying and securing of the cargo, in case of refusal, the driver must make a note of his disagreement in all copies of the invoice. In this case, the responsibility for the delivery of goods in improper condition from the "Carrier" is removed.
• An application submitted by the "Customer" later than 18:00 of the day preceding the day of transportation is considered additional. The "Carrier" does not guarantee the submission of a vehicle under an additional application, but takes all measures to satisfy the application of the "Customer".
• Loaded vehicles are sealed by the representative of the "Customer" at the place of loading. If the "Customer" has not sealed the vehicle, the "Carrier" is not liable for the safety of the cargo.
• The "Carrier" carries out the transportation of the "Customer's" cargo in the presence of all the documents necessary for transportation.

1. Responsibilities of the Carrier

• Organize, on its own behalf, the transportation of goods at the request and instructions of the "Customer" in urban, suburban and intercity road traffic.
• Search and negotiate with the owners of vehicles in order to conclude transportation contracts in full compliance with the requirements of the "Customer".
• Conclude a contract of carriage on your behalf.
• Submit the car for loading at the time and place agreed in the application in a technically sound condition.
• Provide drivers with all necessary and properly executed documents for the vehicle and documents for travel through the territory included in the transportation route.
• Inform the "Customer" of any delays in the delivery of the goods.
• in case of impossibility of timely provision of vehicles by the "carrier" for objective reasons, inform the "customer" about it in advance.
• In the event of a sudden replacement of vehicles by the "Carrier" (for objective reasons), the "Carrier" immediately informs the "Customer" about this.

1. Obligations of the "Customer"

• Timely send to the "carrier", change or cancel applications for the provision of transport services.
• Not to require the use of vehicles in a way that entails the risk of damage to it or for purposes not provided for by this Agreement.
• Ensure timely and proper processing of transport documents.
• Timely pay for the services of the "Carrier" in accordance with the terms of this Agreement.
• Provide loading / unloading by the consignor / consignee.
• Present the cargo for transportation in proper packaging, seal the covered vehicle and the trailer with the seal of the consignor.
• Maintain access roads to loading and unloading points and loading areas in a correct condition, ensure free and safe maneuvering of vehicles.

1. Settlement procedure

• Payment under this agreement is made by the "Customer" in advance or in advance. In case of an advance payment, the final payment for the time processed, in excess of the time paid by the vehicle, is carried out by providing the "Carrier" with an additional invoice or invoice.
• By agreement of the parties, the "Carrier" provides forwarding services for an additional fee. Freight forwarding by the driver is paid at the rate of 0.5 hour of the tariff for this vehicle.
• If the "Customer" refuses to execute the application before 18:00 of the day preceding the day of its execution, the "Carrier" returns the paid cash with a deduction of 5% of the amount paid.
• Documents confirming the performance of services are signed acts of work performed, waybills, receipts for the performance of work (services), acts of additional services.
• Tariffs for the transportation of goods and other services may change due to an increase in the cost of transportation, as well as other circumstances that determine the price level. The "Carrier" reserves the right to change the current tariffs by notifying the "Customer" in writing.
• If the “Customer”, due to its omission, did not indicate the actual time of arrival or departure of the car in the waybill, the “Carrier”, when calculating the payment for transport services, takes as a basis the time the car leaves the parking lot and the time the car returns to the parking lot.
• For violation of the payment deadline, the "Customer" at the request of the "Carrier" pays a penalty in the amount of 0.2% of the payment amount for each day of delay.

1. Responsibility of the parties

• The parties are responsible in accordance with the current legislation of the Russian Federation.
• For providing false or insufficient information in the application, non-compliance of the goods indicated in the invoices with the actually loaded goods, incorrect execution accompanying documents, the "Customer" bears full financial responsibility, and a fine is imposed on the "Customer" in the amount of the losses incurred by the "Carrier" as a result of these violations.

1. Force Majeure

• The Parties are exempted from partial or complete fulfillment of obligations under the Agreement, if this was the result of force majeure that arose after the conclusion of this Agreement as a result of events emergency which the parties could neither foresee nor prevent by reasonable measures, such as military actions, riots, natural disasters (earthquakes, floods), government decrees and orders of state bodies.
• The parties shall inform each other immediately in writing of the occurrence of the above circumstances. The deadline for the fulfillment of obligations under the Agreement is extended in proportion to the time during which such circumstances and their consequences operate.

1. Contract time

• The contract comes into force from the moment of its signing and is valid until _______20.
• If none of the parties, 1 (one) month before the expiration of this Agreement, fully declares its desire to terminate it, the Agreement is considered prolonged for the next year.
• The Agreement may be terminated ahead of schedule by one of the parties with prior written notice to the other party, no later than 20 days before its termination, and also subject to the completion of all mutual settlements under this Agreement.
• Faxed signed copy, agreed by both Parties, is an official document and has full legal force, with the subsequent transmission of the original

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

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

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

The specificity of the carrier's services lies in the fact that he takes responsibility not only for the carriage of goods, but also for its safety, delivery to the consignee, unloading and loading, do not forget to note these obligations of the carrier in the contract.

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

• Civil Code of the Russian Federation Chapter 40. Transportation Art. 784 - art. 800.
• Civil Code of the Russian Federation Chapter 41. Transport expedition st801 - art. 806.
• Federal Law of June 30, 2003 N 87-FZ "On Forwarding Activities"

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

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

Transportation of any cargo is processed consignment note (TTN). It contains everything necessary information about the cargo, consignor, consignee, driver and other accompanying information.

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

In turn, the customer assumes all the risks associated with unforeseen downtime of the carrier that arose through his fault, and is obliged to provide normal conditions for living. Compliance with the standard terms of loading and unloading operations also lies with the customer, not the consignee, so this issue is best discussed in advance between the parties concerned. The contract should specify who is responsible for secure cargo securing, to avoid misunderstanding. In any case, downtime due to the fault of the customer must be paid at the rates.

Exists general rule: transfer of either side of the loading time less than 24 hours before the agreed period entails the penalties provided for in the contract, whether it be a repayment of the tariff or a percentage of the contract amount.

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

• original bill of lading with the consignee's mark on the acceptance of the goods;
• original invoice;
• certificate of completion;
• a receipt for the additional costs incurred by the carrier, agreed in writing by the parties;
• other documents stipulated by the contract.

Contract of carriage- one of the most difficult, because it is impossible to foresee all the circumstances along the way, therefore both parties should be prepared for a negotiated method of resolving disputes, and the customer should provide a carrier telephone connection for official use in order to promptly solve problems that have arisen.

The contract of carriage is one of the contracts regulating relations on the territorial movement of objects or people using vehicles.

Transport forms an independent sphere economic activity. The role of transport is to provide specific services aimed at moving goods or people in space. Being regulated by the rules of law, these relations take the form of obligations under the law.

Types of standard samples of the contract of carriage

All examples of contracts of carriage are divided into contracts for the carriage of goods (mail), carriage of a passenger and his luggage , as well as charter agreements . Let's take a closer look at each example.

By standard contract transportation of cargo (mail), the carrier undertakes to deliver the cargo transferred to him by the sender to the destination and issue it to the authorized person (recipient), and the sender undertakes to pay the established fee. The conclusion of a contract for the carriage of goods is confirmed by the preparation and issuance of a consignment note (bill of lading or other document for the goods provided for by the relevant transport charter or code) to the sender of the goods (Article 785 of the Civil Code of the Russian Federation).

Under a standard contract for the carriage of a passenger and his baggage, the carrier undertakes to transport the passenger to the destination point, and in the case of the passenger's baggage, also deliver the baggage and hand it over to the person authorized to receive the baggage. The passenger undertakes to pay the established fare and for the carriage of baggage, if any. The conclusion of a contract of carriage is certified by a ticket, and the delivery of baggage by a passenger is certified by a baggage receipt (Article 786 of the Civil Code of the Russian Federation).

Under a charter agreement (charter), the charterer undertakes to provide the charterer for a fee with all or part of the capacity of one or more vehicles for one or more flights for the carriage of goods, passengers and baggage (Article 787 of the Civil Code of the Russian Federation).

Contract of carriage: regulation

General conditions, the procedure for concluding and the form of contracts of carriage are determined Civil Code of the Russian Federation, transport charters and codes, other laws and rules issued in accordance with them and other regulatory legal acts.

Each of the above types of the contract of carriage can be divided into subspecies, depending on the type of transport that carries out the transportation.

On this basis, contracts are divided:

• Rail transportation (regulated federal law dated January 10, 2003 N 18-FZ "Charter of railway transport Russian Federation". As well as numerous transportation rules. For example, the rules for the provision of services for the carriage of passengers by rail, as well as cargo, luggage and cargo luggage for personal, family, household and other needs not related to the implementation entrepreneurial activity, approved Decree of the Government of the Russian Federation of March 2, 2005 N 111 and the rules for the provision of services for the use of public railway transport infrastructure, approved. Decree of the Government of the Russian Federation of November 20, 2003 N 703.
• Road transportation (regulated by the Federal Law of November 8, 2007 N 259-FZ "Charter of Road Transport and Urban Surface Electric Transport", rules for the carriage of passengers and luggage by car and urban ground electric transport, approved. Decree of the Government of the Russian Federation of February 14, 2009 N 112, as well as other rules for the carriage of goods.
• River transport (regulated by the Code of Internal water transport Russian Federation dated March 7, 2001 N 24-FZ).
• Sea transportation (regulated by the Merchant Shipping Code of the Russian Federation dated April 30, 1999 N 81-FZ).
• Air transportation (regulated by the Air Code of the Russian Federation dated March 19, 1997 N 60-FZ).
• Mixed transportation.

There is a division of contracts of carriage on the following grounds:

• by duration - one-time and long-term;
• on a territorial basis - domestic and international;
• by number transport companies involved in transportation - local, direct and direct multimodal transport.

If the carrier undertakes to carry out the transportation of goods, passengers and baggage at the request of any citizen or legal entity, this transportation is recognized transportation by public transport(Article 789 of the Civil Code of the Russian Federation). In this case, the fee is charged on the basis of tariffs approved in the manner prescribed by transport charters and codes.

Characteristics of the samples of the contract of carriage

The contract of carriage is bilateral, compensated contract, since both parties have rights and obligations, and the carrier receives the carriage charge.

The contract of carriage can be both real and concessional contract. In most cases, it is a real contract, that is, it is considered concluded from the moment the carrier accepts the goods from the sender.

A concessional contract of carriage is at the conclusion of a charter contract (most often a sea or air charter) and is considered concluded from the moment an agreement is reached on essential conditions of the agreement: on the name of the vessel, whether all or part of the vessel is chartered, the amount of cargo, the place of loading and unloading, the amount of freight, the destination of the vessel, the route of the vessel, etc.

Popular designs.

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

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this Agreement, the Contractor, on the basis of applications, undertakes to provide transport services to the Customer, namely Passenger Transportation passenger vehicles, within the territory of the city.

1.2. The Contractor provides services under this agreement on its own or by third parties using its own or rented cars.

1.3. The Customer undertakes to pay for the services of the Contractor for the carriage of passengers, carried out under this Agreement, in the manner and within the time limits stipulated by this Agreement.

2. OBLIGATIONS OF THE PARTIES

2.1. The Contractor undertakes:

2.1.1. Provide at any time of the day required amount technically serviceable cars with drivers at the points and terms specified by the Customer.

2.1.2. By the date of each month, provide the Customer with an Acceptance and Transfer Certificate of services on the work-transportations performed for the previous month, as well as an invoice for payment for the work performed.

2.1.3. To guarantee the Customer the provision of the services specified in clause 1.1, clause 1.2 of this Agreement at the approved tariffs in accordance with Appendix No. 1 to this Agreement.

2.1.4. Inform the customer about the change in tariffs for the services of the Contractor in writing no later than one day before the introduction of new tariffs. At the same time, the Contractor reserves the right to unilaterally and without prior notice to the Customer temporarily increase the amount of tariffs during the period of federal holidays.

2.2. The customer undertakes:

2.2.1. Pay for services under this Agreement in the amount, on time and in the manner provided for in this Agreement.

2.2.2. Guarantee the Contractor compliance with the rules by the passengers transported by the Contractor on the orders of the Customer traffic, the requirements of the driver, as well as their observance of public order. The possibility of a passenger being in the car in a state of strong alcohol intoxication, causing harm to the car by the latter, committing other actions that threaten the safety of the driver, other passengers and traffic is excluded.

3. PROCEDURE FOR THE PERFORMANCE OF THE CONTRACT

3.1. The customer, at least one hour before the intended trip, makes an order passenger car through the Contractor's dispatch service. Orders placed later specified deadlines, are urgent and are performed by the Contractor without a guarantee of the availability of a free car and compliance with the timing of the start of the trip.

3.2. 15 minutes before the intended trip, the Contractor must inform the Customer about the details of the car delivery (brand, color, government number cars).

3.3. Disputes and disagreements arising from this Agreement or in connection with it will be resolved by representatives of the parties through negotiations. If no agreement is reached, the dispute is referred to the judicial authorities.

4. PAYMENT PROCEDURE

4.1. The cost of services provided by the Contractor is determined in accordance with Appendix No. 1, which is an integral part of this Agreement.

4.2. Settlements between the parties under this agreement occur in the following order:

4.2.1. During calendar days from the moment of signing this agreement, the Customer transfers to the account of the Contractor a sum of money in the amount of rubles as a deposit for the services provided by the Contractor.

4.2.2. The amount of the deposit is taken into account in the settlements between the Contractor and the Customer, and the balance remaining after the settlements is transferred to the month following the reporting month.

4.2.3. At the end of the reporting month, before the next month, the Contractor issues an invoice to the Customer for the services performed for reporting period, and also provides the Certificate of acceptance and transfer of services. The act of acceptance and transfer of services is signed by the parties within days from the date of receipt of the act by the Customer.

4.3. Based on the provisions of Chapter 21 of the Tax Code of the Russian Federation, the sale of services under this Agreement is not subject to VAT taxation, the amount of tax is not presented to the Customer, invoices for the sale of the Contractor's services are not drawn up.

4.4. Payment for the services of the Contractor under this Agreement can be made by the Customer in the following ways:

4.4.1. by bank transfer to the settlement account of the Contractor according to the details specified in the invoice for payment;

4.4.2. for cash payment to the cashier of the Contractor.

4.5. Full payment for services under this Agreement is made no later than the date of each month for the past month.

5. ACCEPTANCE OF SERVICES

5.1. The fact of the proper provision of services under this Agreement is confirmed by the Certificate of acceptance and transfer of services signed by the Parties.

5.2. Services under this Agreement are considered to be performed properly and in deadlines, if within calendar days from the date specified in the Certificate of acceptance and transfer of services, the Customer did not transfer the signed Certificate to the Contractor and did not provide written claims and / or objections to the Contractor.

6. RESPONSIBILITIES OF THE PARTIES

6.1. The parties are liable for failure to perform or improper performance obligations in accordance with the provisions of this Agreement, the Civil Code of the Russian Federation, the Charter of Road Transport.

6.2. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances or extraordinary events that arose after the conclusion of the Agreement, which the parties could not foresee and prevent.

7. TERM OF THE CONTRACT

7.1. This agreement comes into force from the moment of its signing authorized representatives of the parties and is valid until "" a year and can be extended for 1 calendar year if none of the Parties declares its intention to terminate the Agreement.

7.2. Early dissolution The Agreement is possible at the request of one of the Parties after the settlement of all settlements. The initiator of termination of the Agreement is obliged to notify the other Party of its decision at least one day before the date of termination of the Agreement.

8. FINAL PROVISIONS

8.1. All disputes that arose between the parties in the course of fulfilling the terms of this Agreement shall be resolved through negotiations, and if no agreement is reached, in Arbitration Court G. .

8.2. The Parties have the right to transfer their rights and / or obligations under this Agreement to third parties without written consent to it the other side.

8.3. Any changes and additions to this Agreement will be an integral part if they are made in writing, duly executed and signed by both parties or their legal representatives.

8.4. All annexes, amendments and additions to this Agreement, signed by the parties, have priority over the main text of this Agreement.

8.5. This Agreement is made in two original copies having equal legal force, one for each of the Parties.

8.6. The terms of this Agreement, additional agreements thereto and other information received by the Parties in accordance with the Agreement are confidential and not subject to disclosure.

9. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Customer

• Legal address:
• Mailing address:
• Phone fax:
• TIN/KPP:
• Checking account:
• Bank:
• Correspondent account:
• BIC:
• Signature:

Executor

• Legal address:
• Mailing address:
• Phone fax:
• TIN/KPP:
• Checking account:
• Bank:
• Correspondent account:
• BIC:
• Signature: