The contract for the carriage of goods by road is the dominant contract in the transport document management system, because it is he who contributes to the fulfillment of obligations for the delivery of material assets to the recipient.

The contract of carriage is defined as an agreement between the carrier and the shipper, according to which the former undertakes to transport the products entrusted to him to the destination and issue them to the person entitled to receive them. The consignor, in accordance with the contract for transportation, undertakes to pay for the services provided in a timely manner.

The written form of the contract for transport services is predetermined by the obligation of the carrier company to draw up and issue to the sender of material assets an appropriate document on their acceptance for delivery. This document is the bill of lading. The delivery of cargo to the carrier, who in turn issues a document confirming the acceptance of the goods for transportation, gives grounds for classifying the cargo delivery agreement as a real civil law contract.

The contract of carriage by road transport is urgent, since the period of its validity is determined by the period of fulfillment of obligations by the carrier. Such a period can be established both by agreement of the parties, and in a regulatory manner.

The contract for the provision of transport services is paid, since each of the parties that entered into it implies the satisfaction of a property interest.

When concluding a contract for the carriage of goods, the parties are the transport company (carrier, performer) and the consignor (customer) - the legal owner of the transported material assets, the freight forwarder or another person authorized by the owner of the goods. The duties of the carrier include not only the acceptance and delivery of cargo, but also its delivery to the consignee.

It turns out that the terms of the contract for the carriage of goods, the participants in the relationship are three persons: the sender, the transport company and the recipient. At the same time, it is obvious that the road transportation agreement, by its legal status, is a bilateral document. Such a non-standard situation in contract law became the cause of lively and lengthy discussions in the legal literature, where the object of disputes was the legal status of the consignee.

The standard contract for the carriage of goods in its content refers to a well-known contractual type - a contract in favor of a third party, when the recipient of the goods, who is not actually a party to the contract, has specific rights and bears the corresponding obligations.

Without taking part in the conclusion of the contract for the organization of road transport, the recipient of the goods nevertheless acquires the right to demand that the carrier release the products at the destination. In the event that the transport company fails to fulfill the obligation to deliver the goods to the destination, the recipient has the right to present claims to it regarding the loss of material assets. In case of improper performance of transport services - claims for damage or shortage of cargo, as well as for failure to meet delivery deadlines.

According to the terms of the contract for the provision of cargo transportation services, transport time (duration of transportation) is determined, that is, the time during which the vehicle performs the entire set of cargo, technical, commercial operations at the loading point, along the route and at the destination. The time factor is not only an economic category, but also a legal one, since all the main movements of products are regulated by the terms of fulfillment of the transport obligation in the law or in the contract for the carriage of goods by road.

for the carriage of goods by road (without the provision of forwarding services by the carrier) in a person acting on the basis of , 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 concluded this agreement, hereinafter “ Treaty" about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. In accordance with the terms of this agreement, the Carrier undertakes to carry out the transportation of the Customer's goods on the basis of his application, and the Customer undertakes to pay for the services rendered by the Carrier in a timely manner in accordance with the Carrier's tariffs in force on the date of the services provided.

1.2. The Carrier has the right to provide the Customer with additional services related to the organization of cargo transportation in urban and intercity traffic.

1.3. Transportation of goods is carried out by the Carrier with cargo escort by the Customer's forwarder.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Carrier carries out the transportation of the Customer's goods on the basis of the Customer's written application submitted to the Carrier in any convenient way.

2.2. The application is submitted no later than one hour before the vehicle is submitted for loading.

2.3. If the application contains insufficient information related to the performance of services under this contract, the Carrier must inform the Customer about the suspension of the application until the missing information is received. After the Customer provides the necessary information at the request of the Carrier, the action of the application is resumed.

2.4. If it is impossible to fulfill the application, the Carrier, within an hour (s) after its receipt, is obliged to notify the Customer about the impossibility of fulfilling it. Otherwise, the application is considered accepted for execution.

2.5. The carrier is obliged:

2.5.1 Within an hour(s) from the receipt of the application, determine the number and type of vehicles for transportation, depending on the volume and nature of the cargo.

2.5.2. Ensure timely delivery of vehicles to the loading point specified by the Customer.

2.5.3. Submit for loading serviceable vehicles suitable for the safe transportation of the cargo specified in the application and meeting sanitary requirements for the transportation of food products.

2.5.4. Within the period agreed by the Parties, deliver the cargo entrusted to him by the Customer to the point of destination and issue it to the person (consignee) authorized to receive the cargo.

2.6. The customer is obliged:

2.6.1. To carry out unloading of vehicles at their destinations using their own forces and means, not allowing vehicles to stand idle during loading and unloading in excess of the established time limits.

2.6.2. Preliminarily prepare the cargo for transportation, prepare accompanying documents, as well as, if necessary, a pass for the right to travel to the destination and unload the cargo.

2.6.4. Ensure timely and proper execution in the prescribed manner of waybills and bills of lading.

3. SETTLEMENTS BY THE PARTIES

3.1. Payment under this agreement is made by the Customer in advance by transferring funds to the account of the Carrier. The date of receipt of funds shall be confirmed by the Carrier in writing.

3.2. The amount payable for the transportation services provided by the Carrier is determined by agreement of the Parties in accordance with the Carrier's tariffs and amounts to rubles (VAT included).

3.3. Expenses necessary for the transportation of goods across toll bridges, roads, entrances, ecological posts, customs, etc., are paid by the Customer upon presentation of supporting documents (receipts, checks).

3.4. If the Customer, accompanying the cargo, pays part of the expenses with his own funds, then the payment for the flight is agreed by the Parties when submitting the application in writing with a detailed statement in the Application of the conditions not provided for by this agreement.

3.5. If the Customer refuses to execute the application before the hours of the day preceding the day of its execution, the Carrier returns the paid funds with a deduction of % of the amount paid.

3.6. The amount payable for additional services provided by the Carrier is determined as follows:

3.6.1. Loading and unloading works are paid according to the tariff on the basis of acts of performed works (services).

3.6.2. Additional services related to the involvement of third-party vehicles in accordance with clause 1.2 of this agreement are determined in the amount of% of the amount specified in clause 3.2 of this agreement.

3.6.3. Sanitation of a vehicle for the transport of food products is paid according to the tariff.

3.7. Documents confirming the performance of services are waybills signed by the Customer, receipts for the performance of work (services), acts of additional work, services, agreed applications.

3.8. 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.

3.9. 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.

3.10. For violation of the payment deadline, the Customer shall pay penalties in the amount of % of the payment amount for each day of delay.

4. CONDITIONS OF ACCEPTANCE AND DELIVERY OF CARGO AND TRANSPORTATION

4.1. When accepting cargo for transportation, the Carrier's driver presents, and the Customer checks the identity documents of the Carrier, and the waybill certified by the Carrier's seal.

4.2. Acceptance of cargo for transportation is carried out on the basis of the consignment note of the established form issued by the Customer in 4 copies, which is the main transportation document. Cargo that is not issued by waybill is not accepted by the Carrier for transportation.

4.3. If the cargo is not accompanied by a representative of the consignee or the owner of the cargo, the liability for the safety of the cargo during its transportation lies with the Carrier.

4.4. If there is a shortage or damage to the goods that occurred during transportation, the Customer draws up an act upon acceptance of the goods, on the basis of which the Carrier compensates for the losses.

5. VALIDITY OF THE CONTRACT. AMENDMENT AND ADDITION OF THE CONDITIONS OF THE AGREEMENT

5.1. The Agreement shall enter into force upon signing by the Parties.

5.2. During the validity of this agreement, the Parties have the right to make changes and additions. Changes and additions to this agreement, drawn up in writing and signed by the Parties, are its integral part.

6. FINAL PROVISIONS

6.1. This Agreement may be terminated at the initiative of any of the Parties. In this case, it is necessary to notify the other Party in writing no later than days in advance.

6.2. Disputes and disagreements that have arisen in the implementation of the Agreement are resolved, if possible, through negotiations between the Parties. If the dispute or disagreement cannot be resolved through negotiations, either Party has the right to refer such dispute or disagreement to the court, whose jurisdiction and cognizance include disputes from this Agreement.

6.3. For damage caused in connection with the execution of this agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.

6.4. The Agreement is made in two copies, one for each of the Parties, both copies have the same legal force.

7. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Carrier

Customer Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

8. SIGNATURES OF THE PARTIES

Carrier _________________

Customer _________________

General provisions, conditions of conclusion and liability for violations related to the carriage of goods are regulated.

Features of compiling a document

Legal regulation

Depending on the type of transport used for the carriage of goods, legal relations related to the carriage of goods are regulated by other federal laws, as a rule, by transport charters and codes, for example:

• Charter of railway transport of the Russian Federation.
• Charter of motor transport of the Russian Federation

These charters and codes provide for the features of regulation of transport operations provided for by individual modes of transport, and the contract for the carriage of goods is drawn up taking into account the features provided for by each mode of transport by the current legislation.

In addition, in the event of conflict situations related to the transportation of goods, in relation to carriers, along with other legislative acts, the Law of the Russian Federation “On Protection of Consumer Rights” applies.

According to the contract of carriage, the carrier undertakes to deliver the goods entrusted to him to the place indicated by the sender, and hand them over to the recipient of the goods, and the sender undertakes to pay for the services of cargo transportation.

A simple written form of concluding a contract of carriage is provided, that is, drawing up a contract is not necessary. As a rule, the contract of carriage is confirmed by the delivery of a bill of lading or bill of lading to the carrier.

Transportation, drawn up in the form of a contract, is concluded on the grounds for civil law contracts, and must contain:

• The name of the sender and recipient of the cargo, indicating the persons who represent them, as well as documents confirming their authority.
• Point of departure and delivery of goods.
• The services provided by the carrier may include not only the delivery of goods to the destination, but also the conditions for loading, unloading, storage, and delivery to the proper recipient -.
• Transportation period. According to if the transport charters and codes do not specify a period for the carriage of goods, then the goods must be delivered within a reasonable time.
• Rights and obligations of the parties.
• The freight charge due to the carrier for the performance of the contract of carriage. According to Art. - of the Civil Code of the Russian Federation, the carrier has the right to detain the sender's cargo if he did not pay for its transportation.

Responsibilities of the parties under the contract

The current legislation provides for the responsibility of the parties:

• In case of violation of obligations for transportation -.
• For non-delivery of the vehicle, responsibility lies with the carrier, and for non-use of the submitted transport, the sender is responsible. The exception is cases if this happened as a result of a natural disaster, force majeure, or restriction or complete cessation of the carriage of goods in certain directions, in the manner prescribed by the current transport charter or code.
• For the loss, damage or shortage of cargo, the responsibility lies with the carrier, if he fails to prove that this happened due to circumstances that he could not prevent. The sender has the right to receive damages from the carrier for loss, shortage or damage to the cargo, as well as a fee paid to the carrier for the carriage of the cargo.

A pre-trial procedure for resolving a dispute is provided, namely, bringing a claim to the carrier. The claim is brought only after the refusal of the carrier to fully or partially satisfy the requirements presented in the claim. If the carrier has not responded to the claim in any way, then the claim may be brought after 30 days from the date of receipt of the claim.

Completed sample document

CONTRACT
cargo transportation

________________ "__" ___________ 20___

_______________________________________________________________,
(name of the company carrying the goods)

hereinafter referred to as the "Carrier", represented by _________________________

(position, full name)

(Charter, regulations)

on the one hand, and _________________________________________________,
(name of the company sending the goods)

hereinafter referred to as the "Sender", represented by ________________________

____________________________________________________________________,
(position, full name)

acting on the basis __________________________________________,
(Charter, regulations)

on the other hand, have concluded the present agreement as follows.

1. The Subject of the Agreement. freight charge

1.1. Under this agreement, the Carrier undertakes to deliver the cargo entrusted to him by the Sender _____________________________________
(name, quality,

other personal characteristics)

in the amount of ________________________________, hereinafter referred to as
(in numbers and words)

"Consignment", to the following destination: ______________________________,
(Name)

to issue the cargo to the Recipient, and the Sender undertakes to pay the fee established by this agreement for the carriage of the cargo.

1.2. The conclusion of this agreement is confirmed by the drawing up and issuance by the Carrier to the Sender of a waybill (another document for the cargo).

1.3. The shipping charge is: ______________________

____________________________________________________________________.

1.4. Carriage of cargo is paid in the following terms and in the following order: __________________________________________________

____________________________________________________________________.

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

1.6. Works and services performed by the Carrier at the request of the Sender and not provided for in this contract shall be paid by the Sender upon additional agreement of the parties.

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

2. Submission of vehicles. Loading and unloading cargo

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

2.2. The sender has the right to refuse submitted vehicles that are not suitable for the carriage of goods.

2.3. Loading (unloading) of cargo is carried out by the Sender (Recipient) within the following terms and in the following order: ______________

____________________________________________________________________,

as well as in compliance with the provisions established by transport charters, codes and rules.

3. Responsibility of the parties for violations of transportation obligations

3.1. In case of non-performance or improper performance of transportation obligations, the Parties shall bear the responsibility established by other legal acts, as well as the following liability established by agreement of the Parties: __________________

_____________________________________________________________________

____________________________________________________________________.

3.2. Agreements of the Parties on the limitation or elimination of the Carrier's statutory liability are invalid, except in cases where the possibility of such agreements in the course of cargo transportation is provided for by transport charters and codes.

3.3. The carrier for failure to provide vehicles for the carriage of goods within the time period stipulated. of this Agreement, and the Sender shall bear the liability established by legal acts, as well as the following liability stipulated by the agreement of the parties for failure to present the cargo or non-use of the submitted vehicles: _________________________________________________

____________________________________________________________________.

3.4. The Carrier and the Sender are released from liability in case of non-delivery of vehicles or non-use of submitted vehicles, if this happened due to: force majeure, as well as due to other natural phenomena (fires, drifts, floods) and military operations; termination or restriction of the carriage of goods in certain directions, established in the manner prescribed by ______________

____________________________________________________________________,

in other cases provided for by _____________________________________
____________________________________________________________________.
(name of transport charter or code)

4. Liability of the Carrier for loss, shortage and damage to cargo

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

4.2. Damage caused during the carriage of goods shall be compensated by the Carrier in the following amount:

• in case of loss or shortage of cargo - in the amount of the value of the lost or missing cargo;
• in case of damage to the cargo - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo - in the amount of its value;
• in case of loss of cargo handed over for transportation with the declaration of its value - in the amount of the declared value of the cargo.

The value of the cargo is determined on the basis of its price indicated in the Seller's invoice, and in the absence of an invoice - on the basis of the price that, under comparable circumstances, is usually charged for similar goods.

4.3. The Carrier, along with compensation for the established damage caused by the loss, shortage or damage to the cargo, returns to the Sender the carriage fee charged for the carriage of the lost, missing, spoiled or damaged cargo, since, according to this contract, this fee is not included in the cost of the cargo.

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

5. Final provisions

5.1. Prior to filing a claim against the Carrier arising from the carriage of goods, the Sender (Recipient) is obliged to present a claim to him in the manner prescribed by ___________________________________________________________.
(name of transport charter or code)

5.2. In everything else not regulated by this agreement, there will be

apply the provisions of ________________________________________________.
(name of transport charter or code)

5.3. The Agreement comes into force from the moment of its signing, drawn up in _______ copies.

5.4. Addresses and bank details of the Parties.

Sender: _________________________________________________

_____________________________________________________________________

Carrier: __________________________________________________________

_____________________________________________________________________

Sender Carrier

_____________________ _______________________

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), the carrier can only be an individual entrepreneur or a 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 assumes not only responsibility 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.

but 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 Appendix to the contract.

Transportation of any cargo is processed consignment note (TTN). It contains all the 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 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 living conditions. 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.

There is a 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 ready for a negotiated method of resolving disputes, and the customer should provide the carrier with telephone communications for official use to promptly resolve the problems that have arisen.