Sample contract for the carriage of goods with an individual. Contract for the carriage of passengers and baggage

Date of writing: 14.04.2022

Reading time: 27 minutes

_________________________________ (motor transport enterprise), in
hereinafter referred to as___ Carrier, represented by the director_________________ acting on the basis of ________________ on the one hand, and ________________ hereinafter referred to as___ Client, represented by ________________________________________________
acting on the basis ______________________________________________
on the other hand, have entered into an agreement as follows:

1. The Subject of the Agreement.

1.1.The Carrier undertakes to accept, and the Client to present for transportation, cargo on the basis of the approved plan in the amount of _________ thousand ton-kilometers, distributed according to the nomenclature of cargo and quarterly.
1.2. _____________ days before the start of the quarter in accordance with the agreement
and within the quarterly plan, the Carrier, in agreement with the Client, approves monthly plans and determines ten-day planned tasks for the transportation of goods for the first month of the quarter. In the same order, ten-day planned targets are set for the second and third months of the quarter.
1.3. The motor transport company carries out transport for the Client.
but forwarding services _____________________________________________________.
1.4. The amount of this agreement is determined approximately at ___________
____________ thousand rubles.

2. Rights and obligations of the parties under the agreement.

2.1. The Carrier carries out cargo transportation based on the Client’s requests, which are provided in writing or by telephone:
A). no later than ____________ hours of the day preceding the day of transportation when
intracity and suburban transportation;
b). no later than ____________ hours - for international transport.
Applications are accompanied by a schedule for submitting vehicles to
points indicating the daily and average daily volume of cargo transportation.
2.2. The carrier is obliged:
A). determine the number of vehicles and their types for cargo transportation, depending on the volume and nature of transportation and ensure their delivery to all loading points at the hours specified in the schedule agreed upon by the parties;
b). provide for loading serviceable vehicles suitable for transportation
of this cargo and meeting sanitary requirements;
V). accept responsibility for the safety of all goods transported under this agreement during transit;
G). deliver the cargo entrusted to him by the Client to the destination and issue
to its authorized person to receive the cargo (consignee).
2.3. The client is obliged:
A). when transporting goods, ensure reception and release daily from _____ to ________ hours (including on weekends and holidays), while not allowing a reduction in the volume of loading and unloading operations;
b). on our own and in compliance with safety requirements
movement and ensuring the safety of cargo and vehicles unload
vehicles at their bases and warehouses from ___________ hours to _____________
hours, preventing vehicles from being idle for loading and unloading beyond their
new time limits;
V). Before the vehicles arrive for loading, the Client is obliged to prepare the cargo for
transportation (pack, prepare transportation documents, passes for the right
travel to the place of loading and unloading, etc.);
G). check before loading the suitability of vehicles for transporting this cargo;
d). in order to avoid refusal to transport goods, provide the Carrier with a bill of lading in the established form for the goods of a commercial nature presented for transportation;
e). maintain access roads to loading and unloading points and loading and unloading areas in good condition for implementation at any time
time of unhindered movement of vehicles with a carrying capacity of up to
__________tons. Have the necessary technical equipment for loading and unloading
means and devices;
and). ensure timely and proper registration in accordance with the established
the order of waybills and waybills.
2.4. The waybill, certified by the seal of the Carrier upon presentation by the driver-forwarding agent of a document proving his identity, is the basis for his receipt of cargo for transportation with the financial responsibility of the Carrier.
2.5. Additional terms _____________________________________________________
_______________________________________________________________________

3. Payments for transportation.

3.1. The amount of payment for transportation and the amount of fees for the Carrier’s performance of operations and services related to transportation are determined on the basis of contract prices.
3.2. Freight forwarding operations and other services are paid by the Client by bank transfer.
3.3. The final payment for payments for the transportation of goods and freight forwarding operations is made by the Client on the basis of the Carrier's invoice.

4. Responsibility of the parties.

4.1. The parties to the agreement in case of non-fulfillment or improper fulfillment of obligations under this agreement bear financial responsibility within the limits provided for by the Charter of Road Transport of the Russian Federation.
4.2. In case of systematic violation by the Client of the obligations provided for in paragraphs “a”, “b” and “f”, clause 2.3. of this agreement, in addition to the liability provided for by the Charter of Road Transport of the Russian Federation, the Carrier has the right to suspend the transportation of goods by notifying the Client 3 days in advance.

______________ "___" __________ 20___

Hereinafter referred to as the Customer, represented by _________________________________________________, acting on the basis of ____________ , on the one hand, and ______________________________________________, hereinafter referred to as the Contractor, represented by ___________________________________________________________, acting on the basis of ____________________, on the other hand, hereinafter referred to as the Parties, have entered into this Agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. In accordance with this Agreement, the Customer instructs, and the Contractor provides services for organizing the transportation of import-export cargo by any means of transport, both in the territory Russian Federation, and on the territory of foreign countries.

Clause 1 of Art. applies to the legal relationship between the Contractor and the Customer under clause 1.1. 164 Tax Code of the Russian Federation.

1.2. The scope of the Contractor's services is determined by this Agreement and the Application (Appendix No. 1), which is drawn up by the Customer and is an integral part of this Agreement. The Application contains information about transportation conditions, sender, recipient and description of the cargo.

1.3. In accordance with this agreement, the Customer instructs, and the Contractor provides, services for the preparation of transportation documents, documents for customs purposes and other documents necessary for the transportation of goods.

2. CONDITIONS OF CARGO FORWARDING

2.1. The cargo is accepted for forwarding based on the Application submitted by the Customer.

2.2. The Customer submits a written Application to the Contractor during the working day preceding the date of acceptance of the cargo for transportation.

2.3. An application received by the Contractor by fax or e-mail is equivalent to a written one and has full legal force.

2.4. The cargo is accepted during the working day of the shipment date agreed upon by the Parties, according to the number of packed indivisible pieces, without inspection and checking the contents for internal completeness and the presence of obvious or hidden defects.

2.5. The container or packaging must have a clean outer surface and not have sharp corners, protrusions, or anything else that could lead to damage or contamination of the carrier’s vehicle, as well as other cargo transported with it. The container or packaging must ensure the safety of the cargo throughout transportation and transshipment and comply with GOST and TU.

2.6. The basis for accepting the cargo is a power of attorney to receive goods and materials and the Contractor’s waybill (hereinafter referred to as the “Waybill”). The Consignment Note contains information about the sender, recipient, and characteristics of the cargo. Acceptance of cargo for forwarding is certified by the signature of the sender and the Contractor in all copies of the Waybill, one copy of which is handed over to the sender.

2.7. Acceptance of cargo for forwarding is accompanied by the transfer by the sender of shipping documents (bill of lading, invoices, certificates, etc.).

2.8. The Contractor organizes delivery of the Customer’s cargo to the airport, railway station, destination terminal or “to the door” of the recipient. Transportation on a “door-to-door” basis includes delivery of cargo to a warehouse building, the consignee’s office, or to the entrance of a residential building if the recipient is an individual.

2.9. Provided that the cargo is delivered “to the door,” receipt of the cargo is certified by the signature and seal (stamp) of the consignee in the Consignment Note. If the consignee is an individual, then the Consignment Note indicates the passport details of the recipient, certified by his signature.

2.10. A standard cargo item is considered to be a cargo item with dimensions up to 100 x 50 x 50 cm and weighing up to 80 kg. The possibility of sending non-standard cargo items is agreed upon by the Parties separately, upon the written request of the Customer.

2.11. Banknotes, securities, credit cards, jewelry, products made of precious metals, food, strong narcotic and psychotropic substances, firearms, pneumatic weapons, gas weapons, ammunition, bladed weapons, including throwing weapons, are not accepted for forwarding.

2.12. The possibility of sending dangerous and valuable cargo is agreed upon by the Parties separately, upon the written request of the Customer.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1 Performer:

3.1.1 has the right to independently determine the type of transport, the route of cargo transportation, the sequence of cargo transportation by various modes of transport, depending on the address of the recipient, the nature and cost of the shipment, based on the interests of the Customer.

3.1.2 has the right not to begin fulfilling its duties until the Customer provides documents, as well as other information necessary for the execution of this Agreement.

3.1.3 has the right to check the correctness of the volumetric and physical weight specified by the Customer in the Invoice for special equipment in the warehouse. The basis for determining the cost of transportation is the data specified in the carrier’s invoice.

3.1.4 has the right not to accept the cargo for transportation if the packaging does not correspond to the nature of the cargo. By prior agreement of the Parties, the Contractor may carry out packaging at the Customer’s expense in order to prevent possible loss, shortage or damage to the cargo during transportation.

3.1.5 has the right to set and change tariffs for transport and forwarding services and publish information about tariffs and services on the Contractor’s website on the Internet (www._______).

3.1.6 has the right to advise the Customer on the issues of reducing costs for individual operations, increasing the efficiency of shipments by choosing rational routes.

3.1.7 has the right to issue invoices for each hour of vehicle downtime and for idle vehicle mileage due to the fault of the Customer.

Downtime is understood as the time the vehicle was at the loading/unloading address, during which the sender/recipient did not perform any actions aimed at issuing the cargo to the Forwarder and completing the necessary documents.

Idle mileage means the delivery of a vehicle for loading/unloading, during which the cargo was not received for transportation or the cargo was not delivered to the recipient due to the fault of the sender/recipient.

3.1.8 is obliged, upon acceptance of the cargo, to issue to the sender the Contractor’s power of attorney to receive the goods and materials and the Waybill.

3.1.9 is obliged, on behalf of the Customer, to organize storage of cargo in a warehouse in accordance with the cost agreed by the Parties additional services Performer.

3.1.10 is obliged, on behalf of and at the expense of the Customer, to organize the transportation of cargo across the territory of the Russian Federation, accompanied by armed guards.

3.1.11 is obliged, on behalf of the Customer, to enter into an agreement to insure the cargo against the risks of complete loss, loss, or damage to the cargo for the period of its transportation. According to the concluded insurance contract, the beneficiary is the Customer.

3.1.12 is obliged, at the Customer’s request, to provide data on the location of the cargo, as well as ensure the availability of information about the status of cargo delivery on the Contractor’s website on the Internet.

3.2 Customer:

3.2.1 has the right to choose the route and type of transport.

3.2.2 has the right to demand that the Contractor provide information about the process of cargo transportation.

3.2.3 is obliged to promptly 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 fulfillment of obligations by the Contractor and documents necessary for the implementation of customs, sanitary control, and other types of government control.

3.2.4 is obliged to ensure the readiness of the cargo, marking and packaging that corresponds to the nature of the cargo and ensures complete safety of the cargo during transportation.

3.2.5 is obliged to correctly and legibly fill out and sign the Invoice provided by the Contractor.

3.2.6 is obliged to provide original documents or their duly certified copies if representatives of regulatory authorities have doubts about the reliability of the information provided about the cargo.

3.2.7 is obliged to ensure that the nature of the cargo specified in the Application corresponds to the nature of the cargo actually received by the Contractor.

3.2.8 is obliged to pay the Contractor the cost of services in the amount and manner established by this Agreement.

4. PAYMENT PROCEDURE

4.1 The cost of services is calculated by the Contractor in Russian rubles in accordance with the Application and based on the physical or volumetric weight of the cargo, route and delivery method. The cost of each transportation is agreed upon by the Parties separately.

4.2 Payment for services is made by the Customer on the basis of invoices issued by the Contractor in Russian rubles upon the provision of services, in the form of non-cash or cash payment in Russian rubles.

4.3 Payment can be made by the Customer in advance in the amount agreed upon by the parties and at the agreed frequency. The advance payment is written off according to the invoices issued.

4.4 Payment of the Contractor's invoices must be made by the Customer within 10 banking days from the receipt of the invoice by fax (but no later than the last calendar day of the month in which the export transportation was organized).

If the Customer fails to comply with the deadlines for paying bills, the Contractor does not guarantee the Customer the taxation of services under the terms of clause 1 of Art. 164 Tax Code of the Russian Federation.

4.5 The Contractor has the right not to begin executing the Customer’s instructions if there is an overdue debt on the Contractor’s accounts.

4.6 Original documents (invoice and Contract Fulfillment Certificate) are sent to the Customer by mail after fulfilling the conditions of clause 4.4. agreement. In case of failure to receive a signed Act or written objections from the Client within two weeks from the date of drawing up the Act, the Contractor has the right to consider the Act signed without objection.

5. PRIVACY

5.1. The parties undertake to maintain confidentiality about this Agreement (i.e. not to allow the dissemination of information about the terms of the Agreement to other persons).

6. RESPONSIBILITY OF THE PARTIES

6.1 For failure to fulfill or improper fulfillment of obligations stipulated by the contract for the provision of services for organizing the transportation of goods, the Contractor shall be liable on the grounds and in the amount determined in accordance with the legislation of the Russian Federation and this contract.

6.2 If the Contractor proves that the violation of the obligation is caused by improper performance of the contract of carriage, the liability to the Customer of the Contractor who entered into the contract of carriage is determined on the basis of the rules according to which the corresponding carrier is responsible to the Contractor.

6.3 The Contractor is not responsible for the lack of package contents if the integrity of the packaging was not compromised during the delivery process.

6.4 The Contractor is not responsible if the fact of damage and/or opening of the packages was not established by the consignee at the time of acceptance of the cargo, and a bilateral act was not drawn up with the participation of the authorized representative of the Contractor.

6.5 The Customer is responsible for losses caused to the Contractor in connection with failure to fulfill obligations to provide information specified in this Agreement.

6.6 The Customer is responsible in accordance with current legislation that the cargo transferred for shipment to the Contractor does not have attachments prohibited for transportation and was acquired legally.

7. EARLY TERMINATION OF THE AGREEMENT

7.1 Either Party has the right to refuse to fulfill this Agreement by notifying the other Party within 30 days.

7.2 The Party that declares refusal to perform this Agreement shall compensate the other Party for losses caused by termination of this Agreement.

8. FORCE MAJEURE

8.1 The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement in the event of force majeure circumstances (force majeure), such as: natural disasters, fire, uprising, flood, earthquake, hostilities, war, civil war, and also strikes, actions and regulatory instructions of government bodies that are binding on at least one of the Parties, arising after the conclusion of the Agreement, and provided that these circumstances directly affected the fulfillment of the parties’ obligations.

8.2 If force majeure circumstances arise, the deadline for fulfilling contractual obligations is postponed for the duration of the relevant circumstances. If it is impossible to fulfill obligations within a period of more than 2 months, each of the Parties has the right to terminate this Agreement. In case of termination of the agreement, the Parties shall make full mutual settlements within 5 days.

9. PROCEDURE FOR CONSIDERATION OF DISPUTES

9.1 All disputes and disagreements that may arise under this Agreement must be resolved through negotiations between the Parties.

9.2 If it is impossible to reach an agreement between the Parties, all disputes that may arise under this Agreement shall be submitted to the Arbitration Court ________________ in accordance with the current legislation of the Russian Federation.

10. OTHER TERMS

10.1 The validity period of this Agreement begins from the moment it is signed by both parties and is established until _____________. If neither Party notifies the other Party of termination of the Agreement 30 days before the expiration of the Agreement, then the Agreement is extended for each subsequent calendar year.

10.2 All changes and additions to this Agreement are valid only if they are in writing and signed by authorized representatives of the Parties. All annexes to this Agreement are an integral part of it.

10.3 This Agreement is drawn up in two copies having equal legal force, one copy for each of the Parties.

11. LEGAL ADDRESSES AND DETAILS OF THE PARTIES

SIGNATURES OF THE PARTIES

CUSTOMER

______________________________

_______________/___________

EXECUTOR

______________________________

_______________/___________

Appendix No. 1 to the Agreement for the provision of services for organizing the transportation of goods

No. ____________from “______”______________

Appendix No. 2

to the Agreement for the provision of services for the organization of cargo transportation

No.__________ from “____”________ ____

ACT No.______

Delivery and acceptance of services provided from

Invoice No. dated

By Order No. buyer code

We, the undersigned, the CONTRACTOR ___________________________________________, represented by ___________________________________________, on the one hand, and the CUSTOMER ___________________________________________, on the other hand, have drawn up this act stating that the Contractor provided services for organizing the transportation of cargo worth ___________________________ rubles, including VAT ______________________ rubles. The quality of the services provided fully satisfies the Customer’s requirements, the services are properly executed. This act indicates acceptance of the services provided and serves as the basis for mutual settlements between the Contractor and the Customer.

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

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

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

AGREEMENT FOR CARRIAGE OF CARGO

N. Novgorod

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

1. THE SUBJECT OF THE AGREEMENT. CARRIAGE FEE

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

1.2. The fee (price) for transporting cargo within the city is: 350 rubles per hour (minimum 3 hours).

1.2.1. Fee (price) for transporting cargo within the region and Russia: 11 rubles per kilometer, payment in both directions.

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

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

1.3.1. in case of non-cash payment by full prepayment based on the Carrier's invoice.

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

2. OBLIGATIONS OF THE PARTIES

2.1. The client is obliged:

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

2.1.2. Pay for the transportation of cargo, work and services performed by the Carrier at the request of the Client, within the terms agreed upon in this agreement.

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

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

2.1.5. Issue a waybill (another document for the cargo) to the Carrier.

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

2.2. The client has the right to refuse submitted vehicles that are unsuitable for transporting cargo.

2.3. The carrier is obliged:

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

2.3.2. Provide the Client with serviceable vehicles in a condition suitable for transportation of cargo for loading.

2.3.3. Issue, in case of failure to collect the cargo, a report drawn up by the Carrier in

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

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

3. SUPPLY OF VEHICLES. LOADING AND UNLOADING CARGO

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

4. RESPONSIBILITY OF THE PARTIES FOR VIOLATIONS OF TRANSPORTATION OBLIGATIONS

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

4.2. The Carrier, for failure to provide vehicles for the transportation of goods within the period stipulated by the contract (application to the contract), and the Client, for failure to present the goods or failure to use the provided vehicles, pays the other party a fine in the amount of twenty percent of the fee established for the transportation of goods. The carrier also has the right to demand compensation from the shipper for losses caused to him in the manner established by the legislation of the Russian Federation.

4.3. For late provision of a vehicle specified in the contract for the carriage of goods, the Carrier shall pay the Client a fine for each full hour of delay in the amount of: 0.1% of the order amount.

4.4. For delay (downtime) of vehicles submitted for loading and unloading, the Shipper shall pay a fine in the amount of 300 rubles for each full hour of delay (downtime).

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

1) force majeure;

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

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

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

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

5.2. Damage caused during cargo transportation is compensated by the Carrier:

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

The amount by which the value of cargo, luggage has decreased in the event of damage (damage) to cargo, luggage or the value of cargo, luggage in the event of the impossibility of restoring damaged (damaged) cargo, luggage;

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

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

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

5.3. The Carrier returns to the Client the freight charge collected for the transportation of lost, missing, spoiled or damaged cargo, since, according to this agreement, this fee is not included in the price of the cargo.

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

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

If upon inspection it turns out that the cargo does not comply with the documents issued for it or the submitted application;

If there is no documentation required for transportation of the cargo or it is incorrectly completed;

If, when delivering the cargo to the Client or on his behalf to a third party, there are no external signs of opening or damage to the packaging.

If the cargo was delivered for transportation with damage to the packaging, lack of packaging or its inconsistency with the nature and properties of the cargo.

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

If cases of force majeure (force majeure) occur.

6. FINAL PROVISIONS

6.1. Before presenting a claim to the Carrier arising from the carriage of cargo, the Client is obliged to present a claim to him in the manner prescribed by current legislation.

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

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

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

Carrier: IP Borisov N. A.

Legal Address: 603079, N. Novgorod,

St. Dezhneva, 3, apt. 19

Fak. Address: 603051, N. Novgorod,

Etc. Geroev, 1, office 5

TIN 525909763735

OGRNIP 307525916500043

r/s 40802810323500000217

An agreement for road transportation is signed between the sender of the cargo and a person who has the right to provide such services on the basis of a license.

In the agreement, a third party is considered to be the recipient of the cargo, who, in mandatory specified in the agreement. Moreover, his signature is not required.

Peculiarities

In the process of signing the agreement, the size of the cargo and the type of transportation are taken into account.

Depending on the size of the cargo

In the process of signing the agreement, the size of the cargo must be taken into account, which can be:

overall;
or oversized.

Based on the information received about the size of the cargo, the following features will be taken into account:

delivery period;
type of road transport;
itinerary.

Moreover, depending on the size of the cargo, the cost of providing services for transporting cargo by road is also calculated.

Depending on the type of transportation

Having learned information about the size of the cargo, the contractor (carrier) offers to select the most suitable type of transport, namely:

passenger car;
onboard;
van;
truck and so on.

Based on the selected vehicle, not only the route is calculated, but also the delivery period. For example, if we are talking about transportation by passenger transport, the delivery period will be significantly shorter than when using a truck. In addition to the delivery period itself, the type of transport also affects the cost of providing services.

Sample

A contract for the carriage of goods implies a document that is the basis for cooperation between the shipper and the carrier.

It should display:

Subject of the agreement. The main service is considered to be the delivery of certain cargo to the address specified in the document. To make it more specific, it is mandatory to indicate information about the cargo (its name, volume, total weight, etc.) that the addressee receives.
The period during which the carrier undertakes to deliver the goods. A clear timeline is almost the key condition of the agreement. If desired, it is possible to indicate not only the period of receipt of the cargo, but also time stamps along the route (for example, in the capital the car should be at 10 a.m., by lunchtime in the region).
Cost of providing services. For providing transport services the carrier receives a financial reward, the amount of which is calculated on a purely individual basis. It also indicates the method of transferring funds, as well as the time period.
Rights, obligations, and responsibilities of each party. This section is key; it must contain all the nuances to eliminate possible disputes in the future.
Other information that may be of significant importance. At the request of either party, additional conditions, requirements, etc. may be specified.
Mandatory indication of the details of each party participating in the conclusion of the agreement, as well as the signatures of authorized representatives. Do not forget about affixing the seals of both companies (carrier and shipper).

In a situation where there is an urgent need to specify the agreement in the process of providing transport services, it is necessary to conclude additional agreement, which indicates all modifications.

Key terms

Most weighty conditions agreements for the provision of transport services are considered to be:

Maximum period of service provision. If for some reason the driver of the vehicle is unable to deliver the cargo within the agreed time frame, then penalties cannot be assessed only if the circumstances arose not through his fault. Such situations include bad weather conditions, military operations, possible terrorist attacks, and so on. The list must be fully disclosed by the contract.
Payment method and maximum period. This clause also includes the waiting period for cargo loading/unloading, for which payment will be charged additionally.
Vehicle route. If this point is ignored by the contract, then the driver is obliged to follow the shortest route.
Type of vehicle. The brand and model of transport that will deliver the goods is indicated. must be corrected and have a clean and well-groomed appearance. If this has not been observed, the customer has the right to demand a replacement vehicle.
Safety of transported cargo. In the agreement the best option will display all the nuances that are associated with loading, securing, and unloading cargo. It is imperative to indicate the initials of the person responsible and the punishment for identified errors in a particular case.

Rights and obligations of each party

The company that sends the cargo is obliged to:

within the stipulated period by agreement, provide the necessary cargo, which must be in a safe container, according to its dimensions;
provide the driver of the vehicle with all the necessary accompanying documents filled out in accordance with the current legislation of the Russian Federation (if necessary, it is necessary to pay for the vehicle downtime if this was not the fault of the driver or the contractor’s company);
ensure the fastest possible loading/unloading of cargo.

In turn, it is necessary to indicate the rights of the shipper, namely:

personally monitor the unloading/loading process, including cargo transportation, including performing other actions provided for by the signed agreement;
demand financial compensation if the damage was caused by the fault of the carrier.

The shipper is obliged to bear responsibility:

for possible delays in the loading/unloading process and customs clearance in the form of penalties;
for completing the required package of documents with errors or indicating the wrong name of the cargo (financial compensation for damage caused to the cargo is also included in this category).

The contractor (represented by the carrier itself or the company) must:

provide, within the agreed periods, the preferred means of transport for the carriage of goods in the appropriate form and in full working order;
deliver the cargo to the specified address and on time;
monitor the safety of entrusted cargo;
if there are any circumstances, immediately notify the customer about this (for example, the goods are delayed until the circumstances are clarified, or the machine is idle due to difficult climatic conditions).

The contractor (represented by the cargo carrier) has every right to:

fully control the process of loading/unloading cargo;
require the necessary mark in the accompanying documents regarding the execution of their part of the contract;
demand compensation for damages for vehicle downtime.

In turn, the responsibility of the performer is as follows:

Full responsibility for failure to meet the agreed delivery periods (except for the above circumstances). According to the legislation of the Russian Federation, liability consists of the imposition of penalties in the percentage determined by this agreement.
For the complete safety of the entrusted cargo along the entire route of the vehicle.

Conclusion process

An agreement on the provision of transport services for the delivery of cargo is drawn up in the following order:

The customer forms and submits for consideration a written application regarding the need to deliver cargo to a specific address, indicating the preferred route and maximum time period.
Based on the completed application, the contractor, represented by the carrier, calculates the cost of providing such a service and approves it with the customer.
Next, all additional nuances are discussed by the parties, and a preliminary agreement is signed.
At the last stage, the main cooperation agreement is signed.

Required list of documents

To sign an agreement on the carriage of goods by road, the contractor must prepare:

original and copy of the company;
original and copy of the license confirming the right to provide this type of service;
originals and copies of documents that can confirm ownership of the car (can be PTS, vehicle registration certificate, rental agreement, and so on);
originals of the driver's driver's license, confirming his qualifications in the form of driving experience, including the need to prepare a medical report.

The customer himself must prepare such main list of documentation, How:

originals and copies of all constituent documents;
any documents that can confirm ownership of the transported cargo, including documentation confirming its dimensions, safety, standards, and so on.

Based on the agreement signed between the customer and the contractor, the driver of the vehicle transporting the cargo will be provided with a consignment note, which will become the basis for legal transportation.

One part of the consignment note should contain basic information under the agreement, and the other part should contain information about the transported cargo.

When the agreement is considered to have entered into force

The moment when a signed agreement is considered to have entered into legal force is calculated according to the agreements reached between the parties.

These include:

the date the contract was signed;
time of unloading/loading of cargo, including provision of a consignment note to the driver.

If this nuance is not provided for in the agreement, then the date of its entry into legal force is considered to be the time of signing.

The agreement for the provision of transport services for the carriage of goods is considered a key document. For this reason, it must contain all the necessary information in full, in order to avoid further possible misunderstandings on each side.

Learn more about the transportation of goods by road in this video.

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AGREEMENT

for the transportation of goods by road across the territory of the Russian Federation in a person acting on the basis, hereinafter referred to as " Carrier", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Customer", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Carrier ensures the movement of the Customer's cargo from the loading point to the unloading point on time and in complete safety, and also undertakes to organize additional services agreed with the Customer and related to the transportation of goods across the territory of the Russian Federation, and the Customer undertakes to pay for the above services.

2. GENERAL PROVISIONS

2.1. The relationship between the Carrier and the Customer is regulated by the legislation of the Russian Federation and the Charter of Motor Transport.

2.2. For each individual load, an application (transport order) is filled out, containing a description of the conditions and features of the specific transportation.

2.3. Confirmation of the fact of service provision is the certificate of services rendered, the original bill of lading of the established form with marks of the shipper, Carrier and recipient of the cargo.

2.4. The Carrier is obliged to provide the Customer with the originals of the consignment note with the consignee’s mark no later than the date of signing the certificate of services performed and before issuing an invoice for the delivery of goods using these invoices.

3. TRANSPORTATION PLANNING

3.1. The Customer informs the Carrier about the timing and volume of upcoming transportation, the quantity and required type of rolling stock. Information is transmitted by the Customer by fax in the form of an application (transport order), no later than the hours of the day preceding the day of cargo loading, and additionally containing the following information:

exact addresses of places of loading and unloading of cargo;
date and time of delivery of the vehicle for loading;
weight and type of cargo, its quantity;
addresses of the sender and recipient of the cargo with contact numbers;
other features of transportation of specific cargo.

3.2. The carrier confirms in writing the acceptance of the order for execution, indicating the numbers of the tractor and semi-trailer in the form of an email during the day.

3.3. The conditions specified in a specific transport order take precedence over the terms of this Agreement.

4. RESPONSIBILITIES OF THE CUSTOMER

4.1. The customer is obliged to provide in his application all the necessary information about transportation in the form specified in clause 3.1 of this Agreement and to guarantee the accuracy of the information provided.

4.2. The customer is obliged to ensure that the procedure for loading/unloading vehicles is carried out within hours, provided that the vehicle arrives before one in the morning.

4.3. The customer is obliged to ensure the packaging and securing of the cargo according to standards that guarantee the safety of the cargo during transportation.

4.4. During the loading process, the Customer is obliged to facilitate the fulfillment of the Carrier’s requirements for the rational placement of cargo in the cargo space of the vehicle in order to avoid violation of weight parameters. In cases where the actual weight of the cargo exceeds that agreed upon in the transport order, the Customer pays the Carrier for reloading the total weight of the road train according to receipts provided by the Carrier.

4.5. The Customer is obliged to immediately inform the Carrier about the need to redirect the vehicle if such occurs.

4.6. The Customer is obliged to pay for the Carrier’s services on the terms specified in this Agreement.

5. OBLIGATIONS OF THE CARRIER

5.1. The Carrier carries out the transportation of goods by road across the territory of the Russian Federation on behalf and requests of the Customer, strictly observing the terms of the received order, providing the required, technically sound rolling stock, provided with the necessary set of documents and drivers, in all respects prepared for transportation.

5.2. The carrier is obliged to control, by the driver, the process of loading/unloading the vehicle, including individual counting of cargo items, if possible, and checking the external condition of the packaging. If it is not possible to recalculate the items, as well as if there are discrepancies between the actual data and those indicated in the accompanying documents, or if other deficiencies are identified during loading that may lead to damage to the cargo during transportation, the Carrier is obliged, without leaving the loading place, to immediately notify about this to the Customer and make the necessary reasonable notes in all copies of the consignment note.

5.3. The Carrier is obliged to inform the Customer about the curb weight of the vehicle and control the distribution of cargo along the axles. If the weight parameters are exceeded, the Carrier is obliged to immediately notify the Customer about this and agree on a form of payment for possible expenses (fines).

5.4. The carrier is obliged to deliver the cargo entrusted to him by the Customer in accordance with the accompanying documents received by him at the loading point, and hand it over to an authorized person at the unloading point in the quantity specified in the cargo transport form.

5.5. The Carrier is obliged to maintain the Customer's trade secrets and not to disclose or transfer commercial information to third parties.

5.6. The Carrier is obliged to immediately inform the Customer about all emergency situations that arise during loading, transportation, unloading, including facts of overloading the vehicle by weight, replacing the vehicle with another, redirecting the vehicle, etc.

5.7. The Carrier is obliged to immediately notify the Customer about excess vehicle downtime during loading and unloading operations, forced delays of vehicles en route, road accidents, accidents and other incidents that impede the timely delivery of cargo or threaten its safety.

5.8. Upon arrival at the consignee at the unloading point, the driver (Carrier's representative) checks the credentials of the consignee's representative accepting the cargo (service ID, passport, and, if necessary, also a power of attorney to receive the cargo with the original seal of the consignee).

5.9. In the event of any discrepancy between the data specified in the Customer’s application and the data of the consignee’s representative, as well as in the event that the Customer changes the place of unloading during transportation, the driver (Carrier’s representative) immediately informs the Carrier about this to receive further instructions from him, remaining in place and not starting movement and unloading of the vehicle.

5.10. Provide advice to the Customer on improving the quality of transportation by choosing rational routes, reducing costs for packaging, loading and unloading and other operations.

5.11. Inform all transportation participants of the conditions and procedure for transporting and servicing the Customer’s cargo.

6. RESPONSIBILITY OF THE PARTIES

6.1. For failure to provide cargo for transportation (failure to load the vehicle within 24 hours) according to the submitted transport order, the Customer pays the Carrier a fine in the amount of % of the cost of the trip specified in the application.

6.2. For non-delivery (more than 24 hours late) of a vehicle for loading, the Carrier pays the Customer a fine in the amount of % of the cost of the trip specified in the application.

6.3. For excessive downtime of a vehicle during the loading/unloading procedure, the Customer shall pay the Carrier a fine in the amount of rubles for each day of vehicle downtime.

6.4. In case of late payments, the guilty party pays the creditor a fine in the amount of % of the overdue amount for each full day of delay. Starting from the 31st day of delay, penalties amount to % of the overdue amount for each full day of delay.

7. PAYMENT PROCEDURE

7.1. Payment for services in accordance with the prices specified in the application for the transportation of goods and other services related to the transportation provided by the Carrier are made by the Customer on the basis of the original invoice, invoice and delivery note with a note from the consignee regarding acceptance of the cargo into the Carrier's bank account. The invoice must indicate the TTN number.

7.2 The carrier provides a certificate of completion of work no later than days after the service is provided.

7.3. The customer is obliged to pay for the completed transportation within banking days from the moment he receives the original TTN, unless other terms are specified in the application.

8. DISPUTE RESOLUTION

8.1. In the event of any disputes or disagreements that may arise from or in connection with this Agreement, the parties will strive to resolve them through negotiations. If the parties do not reach an agreement, then all disputes are subject to resolution in the Arbitration Court in accordance with the Rules of the said court.

9. FORCE MAJEURE

9.1. The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if it was the result of force majeure circumstances (force majeure), namely: natural disasters, floods, fires, earthquakes, strikes, armed conflicts, wars.

9.2. The Party for which it is impossible to fulfill its obligations under this Agreement due to the above circumstances is obliged, no later than days from the moment of their occurrence and termination, to notify the other Party in writing.

9.3. Information about the occurrence of force majeure circumstances must be confirmed by the competent authority of the region where such circumstances occurred.

10. OTHER CONDITIONS

10.1. This Agreement comes into force from the moment of its signing and is valid for one calendar year.

10.2. The Agreement is automatically extended for each subsequent calendar year unless either party declares its termination days before the expiration date, subject to the fulfillment of all previously accepted obligations under this Agreement.

10.3. This four-page Agreement is drawn up in two copies in Russian. Both copies have the same legal force.

10.4. The parties agreed that the signature and seal on the agreement received by fax is equivalent to the original one.