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, the third party is considered to be the recipient of the cargo, which is necessarily indicated 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;
• route.

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:

1. 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.
2. 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 am, by lunchtime - in the region).
3. Cost of providing services. For the provision of 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.
4. Rights, obligations, and responsibilities of each party. This section is key; it must contain all the nuances to eliminate possible disputes in the future.
5. Other information that may be of significant importance. At the request of either party, additional conditions, requirements, etc. may be specified.
6. 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 an additional agreement in which all modifications are indicated.

Key terms

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

1. 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.
2. Payment method and maximum period. This clause also includes the waiting period for cargo loading/unloading, for which payment will be charged additionally.
3. Vehicle route. If this point is ignored by the contract, then the driver is obliged to follow the shortest route.
4. 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.
5. Safety of transported cargo. The best option in the agreement would be to display all the nuances 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 downtime of the vehicle, 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 an erroneous 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:

1. 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.
2. 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:

1. 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.
2. 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.
3. Next, all additional nuances are discussed by the parties, and a preliminary agreement is signed.
4. 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.

The transport organization engaged in the transportation of goods and the shipper, who hands over the goods for transportation and pays the freight charge, enter into a contract of carriage between themselves. In most cases, the shipper entrusts the cargo to a transport organization and indicates to it a third participant in the process - the consignee, to whom the cargo is delivered at the destination.

The above definition gives grounds to conclude that the nature of the contract of carriage is paid and reciprocal. It is paid because the carrier receives a certain reward for transportation. Since the carrier must transport the goods and has the right to receive freight charges, and the shipper has the right to transport the goods and is obliged to pay for the transportation, then the contract is mutual.

Concept, types and form of the contract of carriage In fulfilling the obligation of transportation, the carrier must deliver the cargo or passenger to a specific destination, and the sender of the cargo or passenger is obliged to pay the freight charge. Transportation is classified according to various criteria. Depending on the type of transport, transportation is: automotive, air, railway, marine, river Based on the number of carriers, they are divided into: a) transportation in local traffic (transportation by one type of transport and within the boundaries of one transport organization - railway, river shipping company); b) direct transportation - several carriers of the same type of transport carry out one document; c) transportation in mixed direct traffic is carried out by several carriers using different modes of transport (air transport and railway). In maritime transport there are different: transportation in small cabotage. This is when transportation is carried out between two Russian ports located in the same sea; transportation in large cabotage. Transportation between two ports of the Russian Federation, which are located in different seas; transportation in foreign traffic. Carrying out transportation to or from ports of other countries. Air transport carries out: a) domestic air transportation - when the points of departure, destination and intermediate landings are located on the territory of Russia; b) international air transportation - when the points of departure and destination are located on the territory of two countries or on the territory of one country, but landing is planned on the territory of another. Road transport carries out domestic and international transportation. Also, the types of transportation contracts differ depending on what is transported: transportation of goods; luggage transportation; transportation of passengers; mail transportation. The contract must be concluded in writing in the form of a single document formalizing the carriage of goods. Such a document is most often a waybill, and in maritime transport - a bill of lading. The moment of conclusion of the contract is considered to be the moment when the cargo with accompanying documents is handed over. The contract period is the time within which the cargo must be delivered. It is considered complied with if the cargo was unloaded or submitted for unloading before the expiration of the delivery time. Legal regulation of transportation Legally, transportation is regulated mainly by: the Civil Code, the Air Code, the Inland Water Transport Code, the Merchant Shipping Code (KTM RF), the transport charter of railways, as well as some by-laws. A contract of carriage is an agreement under which the carrier undertakes the obligation to deliver the cargo provided to him by the sender to the designated point and deliver it to the recipient, and the sender of the cargo pays the agreed fee for the carriage of goods. The subject of the contract is loading, delivery, storage, unloading and delivery of cargo. The parties to the agreement are: carrier - an automobile enterprise, a transport organization, a railway, a shipping company, a legal entity that has a license to carry out transportation; consignor - an individual or legal entity; consignee - the person to whom the goods are sent. The contract for the carriage of goods provides for the collection of freight charges, which are established by agreement of the parties or determined by tariffs approved in the manner established by transport codes and charters. Procedure for concluding a contract of carriage The conclusion of such an agreement is confirmed by the preparation and issuance to the sender of the cargo of a bill of lading (bill of lading) or other document for the cargo, which is provided for by the relevant transport code or charter. Transportation documents are considered to be documents necessary for the transportation of goods, drawn up in accordance with established rules. In the case of air transportation, the corresponding contract is certified by a cargo bill of lading. Its form is established by a specially authorized body in the field of civil aviation. Transportation by road and rail is carried out on the basis of a consignment note, which is issued for the entire route of the cargo. After accepting the cargo for transportation by sea, at the request of the sender, the carrier must issue him a bill of lading. The basis for concluding a contract of carriage are prerequisites of an organizational nature. Such prerequisites include: orders from shippers; contracts on the organization of transportation (navigation, annual and others); administrative planning acts provided for by law. Main sections of the contract for the carriage of goods The contract of carriage must necessarily contain the following main sections: Subject of the agreement Here are the terms of the agreement, without which the document cannot be concluded. It is necessary to indicate the actions performed by the sender, carrier and recipient of the cargo specified in the contract or annex to the contract. Procedure and conditions of transportation The destination of the cargo, the place where the cargo is transferred to the carrier and the requirements for the transport used must be indicated. It is also necessary to indicate who and at whose expense loads and unloads the cargo, and the procedure for issuing it to the recipient. Responsibilities of the parties The carrier’s responsibilities are indicated for determining the number of vehicles, the timing of their submission for loading, as well as the timing of delivery of cargo to the destination. The shipper's responsibilities for preparing the cargo for transportation, its loading and unloading, the timing of acceptance of the cargo at the destination and payment for transportation are given. Shipping fees and payment procedures This section contains information about the amount of payment for cargo transportation, its terms and form of payment. Responsibility of the parties The parties bear the responsibility established in this section of the agreement in addition to the responsibility established by the legislation of the Russian Federation, which includes transport charters and codes. Force majeure circumstances Force majeure circumstances that may prevent the execution of the concluded agreement are listed (war and hostilities, uprisings, earthquakes, floods, epidemics, acts of government authorities). The occurrence of such circumstances extends the term of the contract for the period necessary to eliminate this or that circumstance. Final provisions The final provisions of the agreement contain information about the timing of its entry into force, about ways to resolve disputes and disagreements, about making changes and additions. The number of copies of the agreement is also reported. Addresses and bank details of the parties The legal and actual addresses of the parties to the agreement are indicated here. as well as full bank details for payment. Sample transportation agreement Download a sample contract: How is the contract of carriage executed? The moment of execution of transportation contracts is the delivery of the transported cargo at the place specified by the sender. However, the execution of such a contract consists not only of the transfer of the cargo itself, but also includes some preparatory actions that are necessary so that the recipient of the cargo can accept the cargo. Such actions include announcement and notification of cargo arrival. Thus, the unloading station must notify the consignee about the time of delivery of wagons with cargo for unloading no later than two hours before their delivery. The notification is usually sent on the day the cargo arrives, but no later than 12 noon the next day. If the carrier does not send a notification, he will lose the right to receive payment for demurrage of wagons when unloading goods by the consignee, as well as the right to payment for storage of cargo in overdue days before sending a notification or announcing the arrival of the cargo. Since notification of arrived cargo is not the carrier’s main job, but just an additional operation, a fee is charged for each notification of the consignee about arrived cargo. Features of various types of transportation contracts The contract of carriage by rail is drawn up with a consignment note, which is the main transportation document. It accompanies the cargo along the entire route, and at the destination station it is issued to the consignee along with the cargo. The invoice has important legal significance: 1) it is a mandatory written form of the contract; 2) proof of the fact of concluding the contract and embodiment of its contents; 3) establishes the legality of a person to file claims and claims against the transport company in case of improper execution of the transportation contract. The air carriage agreement provides for the presence of an operating carrier with a license to transport baggage, cargo, passengers or mail. Such an operator may be an individual or legal entity that has ownership (or other right) to the aircraft and uses it for flights. He must have a special certificate to fly. The contract for the carriage of goods by sea is concluded: with the condition that the entire ship, its part or separate holds are provided for transportation. In this case, a ship charter agreement or charter is concluded, under which one party (the shipowner) provides the other party (the shipper) for a fee with all or part of the capacity of one or more ships for one or more voyages for the transportation of baggage, cargo and passengers; without any conditions when the contract is formalized by a bill of lading. It is usually drawn up in two copies, one of which remains with the carrier, and the other is received by the sender as a basis for receiving the cargo. Based on the loading documents, a bill of lading is drawn up by the carrier, signed by the ship's captain and issued to the sender. Summarizing all of the above, we can conclude that a contract for the carriage of goods is a document that regulates the rights, obligations, and responsibilities of the parties involved in the process of transporting specific goods.

Download (.doc, 24.6 Kb) - Print

Agreement on the provision of transport services for the carriage of goods

road transport No. ___

Moscow “___” ____________ 2018

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

1. SUBJECT OF THE AGREEMENT

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

1.2. The name of the cargo and its characteristics, the number of pieces, the weight of the cargo, its declared value, the address of delivery of vehicles for loading and unloading, the consignee, the date and time of the start of loading, as well as all additional information necessary for the organization and implementation of transportation, are indicated by the Customer in the Application ( Appendix No. 2 to this Agreement).

2. OBLIGATIONS OF THE CONTRACTOR

2.1. Under this Agreement, the CONTRACTOR is obliged to:

2.2. Organize the transportation of goods by road, following the route agreed by the Parties in the application.

2.3. Ensure the delivery of technically sound and suitable for transportation of the Customer's cargo for loading at the place and time specified in the application.

2.4. If the Contractor provides vehicles that are unsuitable for transporting the Customer’s cargo, the Contractor’s employee, if possible, eliminates the deficiencies that impede the transportation of cargo. If it is impossible to eliminate the deficiencies on site, the Contractor will replace the vehicle as soon as possible. The customer has the right to refuse, without incurring financial liability, the submitted vehicle if its parameters differ from the parameters specified in the Application and do not allow the transportation of cargo.

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

2.6. If it is impossible to supply vehicles due to unforeseen circumstances, the Contractor is obliged to immediately inform the Customer about this and provide other vehicles without additional payment.

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

2.8. Forward cargo at the request of the Customer and check (recalculate) the cargo according to invoices or other documents of the Customer for an additional payment (by agreement of the Parties).

2.9. Provide the Customer with advice on improving the efficiency of transportation through the selection of rational routes, loading and unloading and other operations.

2.10. The Contractor has the right to refuse to accept cargo that, by its nature, requires special conditions of transportation, security, or cargo that is dangerous by nature.

3. RESPONSIBILITIES OF THE CUSTOMER

Under this Agreement, the CUSTOMER is obliged to:

3.1. Be guided by the standard requirements for domestic transportation of goods, the Civil Code of the Russian Federation, the Federal Law of the Russian Federation of November 8, 2007 N 259-FZ “Charter of Road Transport and Urban Ground Electric Transport”.

3.2. The Customer guarantees that he is the legal owner of the cargo, that the cargo does not have any attachments that are prohibited or have restrictions for transportation by road on the Contractor’s terms in accordance with the current legislation of the Russian Federation.

3.3. If the cargo is presented for transportation with a declared value and the declared value of the cargo exceeds the amount of 100,000 (one hundred thousand) rubles, insurance of this cargo is mandatory. Insurance is carried out by the Client in the insurance company chosen by him and at the expense of the Client.

3.4. Submit an application in writing (via email) indicating all the necessary data no later than 17.00 on the day preceding the day of loading. The parties have the right to refuse delivery of vehicles without compensation for damage/losses, no later than 18.00 hours of the day preceding the day of loading.

If the Customer is not ready to load/unload on the agreed day, the Customer is obliged to notify the Contractor no later than 17.00 on the day preceding the day of loading. Otherwise, the Customer is obliged to pay the Contractor for losses associated with the supply of vehicles in the amount of 50% of the minimum order price for this vehicle.

3.5. Provide unobstructed access roads to the loading/unloading area. Timely and properly prepare documents (passes) for the right of entry and exit of vehicles at loading/unloading points.

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

3.7. Issue to the Contractor shipping documents, or certified copies of them for the cargo, necessary to accompany the cargo (power of attorney for cargo transportation, invoices, certificates of conformity and safety, invoices, passports, etc.) and carry out customs, sanitary and other types of state control.

3.8. Timely provide the Contractor with complete, accurate and reliable information about the properties of the cargo, the conditions of its transportation and other information necessary for the Contractor to fulfill its obligations under the Agreement, including the numbers/addresses of communication means (telephone, e-mail).

3.9. Accept the delivered cargo or ensure its acceptance by the consignee, if the Customer is the sender of the cargo. If the consignee specified in the Application is not at the destination, or the consignee refuses to accept the cargo, pay the Contractor’s expenses for delivering the cargo to the destination, returning the cargo to the point of departure, as well as the costs of storing the cargo.

4. COST OF SERVICES AND PAYMENT PROCEDURE

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

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

4.3. Payment for services for organizing the transportation of goods is made by the Customer in accordance with the issued invoices within 5 (five) banking days from the date of receipt of the invoice by transferring funds to the Contractor's bank account.

4.4. An invoice for services provided can be made by the Contractor both for an individual transportation and for a certain period during which the transportation was carried out. The Contractor provides the Customer with an invoice by email, the Customer undertakes to pay it within 5 days from the date of receipt.

4.5. The acceptance certificate for the services provided must be agreed upon and approved by the Customer within 5 (five) days from the date of receipt. The fact of receipt of the act is a receipt issued by the Customer’s employee, or confirmation by the Customer’s employee of receipt of the act by e-mail.

4.5.1. If the Customer does not notify the Contractor about changes in the act, then after 5 (five) days from the date of receipt, the act is considered approved.

4.5.2. If, when agreeing and approving the act, discrepancies in cost are discovered, then the next invoice is issued taking into account the identified discrepancies. In the event of a one-time transportation or termination of this Agreement, the Contractor shall reimburse overpaid funds.

4.6. If the Customer fails to pay the invoices issued by the Contractor or the Customer has other debts to the Contractor, the latter has the right to retain the cargo at its disposal until payment of remuneration and reimbursement of expenses. In this case, the Customer also pays the costs associated with retaining the property. For any damage to the cargo resulting from its retention by the Contractor, in the cases provided for in this paragraph, the Customer is responsible.

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

5. RESPONSIBILITY OF THE PARTIES

5.1. Responsibility of the Contractor:

5.1.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Contractor shall be liable on the grounds and in the amount determined in accordance with the current legislation of the Russian Federation.

5.1.2. For non-delivery of vehicles, in accordance with the Customer’s application, the Contractor is responsible in the amount of 50% of the minimum order price for this vehicle. In this case, the Contractor is not relieved of the obligation to provide vehicles. Failure to submit is considered to be the Customer’s refusal of the Contractor’s vehicle if it is late by more than 4 (four) hours in accordance with the Application.

5.1.3. For late delivery of vehicles, the Customer has the right to demand that the Contractor pay a penalty in the amount of 5% of the minimum order price for this vehicle for each hour of delay.

5.1.4. The Contractor is not responsible for incorrectly declared cargo, as well as for shortage of cargo if the outer packaging is intact and (or) the Customer’s seals are broken.

5.1.5. In the event that the Customer orders the “Cargo Forwarding” service, the Contractor is liable to the Customer in the form of compensation for actual damages for loss, shortage or damage (spoilage) of the cargo after its acceptance by the Contractor and before the delivery of the cargo to the consignee or his authorized person, unless he proves that the loss, shortage or damage (spoilage) of the cargo occurred due to circumstances that he could not prevent and the elimination of which did not depend on him.

If the Contractor proves that the violation of the obligation is caused by improper execution of the Contracts of Transportation, then its liability to the Customer is determined according to the same rules according to which the corresponding carrier is responsible to the Contractor.

5.2. Customer's responsibility:

5.2.1. The customer is responsible for refusing to order a vehicle later than 18:00 on the day preceding the day of transportation in the amount of 50% of the minimum order price for this vehicle.

5.2.2. The Customer is responsible for the correctness, reliability and completeness of the information necessary for the execution of the Agreement (including indicating the name of the cargo); in the event of the absence, insufficiency or unreliability of this information, the Customer pays fines for the return, storage, redirection of cargo and other services organized by the Contractor.

5.2.3. The Customer is responsible for the correctness and accuracy of filling out invoices and other documents drawn up for the execution of the Agreement.

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

5.2.5. For delays in payment of invoices issued by the Contractor and reimbursement of expenses incurred by him on behalf of the Customer for more than 5 (five) banking days, the Contractor has the right to charge the Customer a penalty in the amount of 0.5% (zero point five percent) of the amount of the invoice issued by the Contractor for each day of delay.

5.3. Responsibility of the Parties:

5.3.1. The parties are released from liability for complete or partial failure to fulfill their obligations if such failure is a consequence of force majeure circumstances, i.e. extraordinary and unpreventable circumstances under the given conditions that arose against the will and beyond the control of the Parties, such as: flood, earthquake, other natural disasters, war or hostilities, embargoes, mass strikes, disasters, air temperature dropping below minus 35 degrees Celsius, changes or the emergence of new legislative acts that arose after the conclusion of this Agreement, actions of the government and public authorities that prevent the Parties from fulfilling their obligations.

5.3.2. The Party for which it is impossible to properly fulfill its obligations under this Agreement is obliged, immediately from the moment of detection, to notify the other Party of the beginning and termination of force majeure circumstances.

5.3.3. If any of such circumstances directly affects the fulfillment of obligations within the period stipulated in this Agreement, then this period, by written agreement of the Parties, is proportionately extended for the duration of the relevant circumstance. In this case, the Parties do not have the right to demand compensation from each other for possible losses.

5.3.4. All legal and financial responsibility for the delay of the vehicle en route by employees of the internal affairs bodies, associated with the absence or incorrect execution of documents for cargo/vehicles, falls on the Party that carries out the preparation of the relevant documents, and in the case of documents for vehicles, on the Contractor.

5.3.5. If the Customer or his representative discloses information under this Agreement relating to financial relations to third parties, including drivers or loaders from the Contractor, the Customer shall pay the Contractor a penalty in the amount of 50,000 rubles.

5.3.6. If the Customer enters into an agreement (oral or written) for the provision of services with a driver or loader from the Contractor directly, bypassing the Contractor, the Customer pays the Contractor a penalty in the amount of 50,000 rubles.

6. DISPUTE RESOLUTION PROCEDURE

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

6.2. If the Parties during the negotiations do not reach agreement on resolving controversial issues, the dispute is referred to the Moscow Arbitration Court for consideration in accordance with the current legislation of the Russian Federation.

6.3. Telegraphic and postal (including electronic) notices have documentary significance in subsequent claims proceedings in arbitration and judicial authorities between the contracting Parties, if any.

6.4. Agreements, acts, applications, invoices and other documents transmitted by email in word, pdf, jpeg, jpg, gif, png, tiff, txt, zip, rar formats have the legal force of the original.

7. TERM AND PROCEDURE OF THE AGREEMENT

7.1. This Agreement comes into force from the moment of its signing and is valid until December 31, 2018.

7.2. The Agreement is automatically extended for the next calendar year unless either Party declares its termination in writing no later than 30 days before the expiration of the Agreement.

7.3. Any changes, additions and claims to this Agreement are valid only if they are in writing and signed by authorized representatives of both Parties. For the purposes of this Agreement, by written form the Parties understand both the preparation of a single document and the exchange of letters (including electronic ones), telegrams, messages using fax communications, allowing identification of the sender and the date of departure.

7.4. In case of early termination of the Agreement, a Settlement Certificate is drawn up. Each Party is obliged to return the agreed amount (advance payment) to the second Party within 3 banking days.

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

7.6. This Agreement is drawn up in 2 (two) copies having equal legal force, one copy for each Party.

8. LEGAL ADDRESSES AND DETAILS OF THE PARTIES

CUSTOMER:

EXECUTOR:

CUSTOMER:

LLC "Company"

General manager

____________________ / Full name

EXECUTOR:

Individual entrepreneur Full name

____________________ / Full name

Agreement on the provision of transport services

201__ Saint Petersburg

Individual entrepreneur Nikitin Maxim Valerievich, acting on the basis of a certificate of state registration of an individual as an individual entrepreneur, series 78 No. 006959304, issued by the Ministry of Federal Tax Service No. 15 for St. Petersburg on August 21, 2008, hereinafter referred to as "Executor", on the one hand and ______________________________ _____________________________________ , hereinafter referred to as "Customer", represented by ______________________________________________________________________________________________, on the other hand, have entered into this agreement as follows:

1. Subject of the agreement.

In accordance with this Agreement Executor undertakes to carry out freight transportation using its own transport, as well as loading and unloading operations on behalf of Customer, A Customer undertakes to pay for the transport services provided in the manner and within the terms provided for in the Agreement.

1. Rights and obligations of the parties.

2.1. Rights and Responsibilities Customer:

2.1.1. Customer undertakes to provide in advance To the performer complete information for the provision of this type of service.

2.1.2. Customer undertakes to promptly pay for services rendered Performer transport services.

2.1.3. Customer has the right to control the progress of work.

2.2. Rights and Responsibilities Performer:

2.2.1Executor undertakes to transport the goods Customer, perform loading and unloading operations.

3.Cost of services and payment procedure.

3.1. The cost of services under this Agreement is ________________________________________________

Rubles __________________ kopecks (excluding VAT tax) .

3.2. Payment for services rendered is carried out on the basis of the current Agreement, while Executor reserves the right to change the cost of services, depending on changes in prices on the transport services market. New tariff plan provided To the customer by notification.

3.3. Payment for services CustomerTo the performer carried out before/during/after completion of work.

4. Responsibility of the parties.

4.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties are liable in accordance with the legislation of the Russian Federation.

4.2. Customer bears responsibility for late payment of services rendered Performer services in the amount 1% for each day of delay.

4.3. The parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement if it is a consequence of force majeure circumstances. The period for fulfilling contractual obligations is automatically extended for the duration of these circumstances. Upon termination of force majeure circumstances, the parties restore relations until full fulfillment of their obligations under this Agreement.

4.4. The party for which it is impossible to fulfill its obligations under the Agreement is obliged to immediately notify the other party of the occurrence or termination of the above obligations. Untimely notification of force majeure circumstances deprives the relevant party of the right to consider them the reason for failure to comply with the terms of this Agreement.

5. Duration of the contract.

5.1. The contract is valid from the moment of signing until the completion of the work, payment of the invoice and signing by the parties of the certificate of completion of work.

5.2. If neither party terminates the contract before expiration, the contract is extended.

5.3. Customer has the right to terminate the contract unilaterally after completion of all settlements with Performer.

5.4.Executor the right to terminate the contract unilaterally in case of late payment Customer services provided.

5.5. Executor has the right to terminate the contract unilaterally with notice Customer for 10 (ten) days.

6. Details and signatures of the parties.

____________________/ Nikitin M.V../ ____________________/____________________/

Agreement No.____

transportation of goods by road

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

1. Subject of the Agreement

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

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

2. Procedure for processing documents for transportation

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

2.2. Upon receipt of the transportation request from the Client, the Carrier signs it and sends it to the Client. Sending to the Client a completed and signed application by the Carrier confirms the readiness to carry out the requested transportation in full.

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

3. Rights and obligations of the Parties

3.1. The client is obliged:

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

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

3.1.3. Pay the Carrier the cost of services provided under this Agreement related to transportation in the amount no later than 7 calendar days from the date of receipt of the original invoice, a bilaterally signed certificate of completion of work, a tear-off travel voucher and a waybill.

3.2. The carrier is obliged:

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

3.2.2. Accept the Cargo from the Sender and deliver the Cargo to the Recipient in the manner established by current legislation and regulations, inspect the completeness, external condition of the cargo and its packaging, in accordance with the shipping documents. The carrier must not load cargo that is of poor quality upon visual inspection, with damaged or defective packaging, of which he is obliged to notify the Client. Upon completion of loading, the Carrier is obliged to make a note in the TN and the Waybill, which indicates that the Carrier (Driver) accepts full responsibility for the quantity (weight) and condition of the cargo, the correctness of loading, the presence and proper condition of the seal. Deliver the entrusted cargo to its destination on time; the target date of arrival of the vehicle at the unloading site is determined in the Application and TN.

3.2.3. Upon arrival at the unloading place, hand over the documents and cargo to the consignee in accordance with the Application and the information specified in the technical specification, with the execution of all necessary documents.

3.2.4. In case of any delays in transit, the Carrier is obliged to immediately notify the Client. In the event of a vehicle breakdown, the Carrier is obliged to immediately notify the Client, ensure that the cargo is reloaded into a serviceable vehicle and ensure that the cargo continues to be transported to the place of unloading, unless the Client has given written instructions to the Carrier regarding further actions with the cargo.

3.2.5. In the event of an accident, an accident, as well as in any cases of loss of cargo or part of it, theft of cargo by third parties, damage to the seal, etc., take all necessary measures to save, prevent or reduce damage to the cargo. Participate in the preparation of the Unloading Certificate in the event of a discrepancy between the number of seats indicated in the documents and the actual quantity or if defects are detected during unloading of the vehicle.

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

4. Payment procedure

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

4.2. Payments for services performed are made by bank transfer by the Client to the Carrier's account, unless otherwise specified by a separate agreement of the Parties. The moment of payment is the date of receipt of funds into the Carrier's account.

4.3. The Client is obliged, within 5 calendar days, to check the received originals of the invoice, technical specification and the certificate of work performed and, if there are no complaints against the Carrier, sign the Certificate of Work Completed and hand it over to the Carrier in person or by mail. If there are claims and refusal to sign the Certificate of Completion, the Client informs the Carrier of the reasons for the refusal within 2 calendar days from the date of receipt of the specified documents. Payment is made to the Carrier's bank account within 7 calendar days. The Client must return one copy of the signed certificate of completion of work and technical specifications to the Carrier.

5. Responsibility of the parties

5.1. In case of non-fulfillment or improper fulfillment of obligations under this Agreement, the Client and the Carrier bear responsibility established by the Civil Code of the Russian Federation, the Charter of Motor Transport and Urban Ground Electric Transport, as well as this Agreement.

5.2. The Party engaging a third party to fulfill its obligations under this Agreement shall be liable to the other Party for failure to fulfill or improper performance of obligations by the third party as for its own actions.

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

5.4. Client's responsibility:

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

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

5.5. Carrier's responsibility:

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

5.5.2. The Carrier, in accordance with current legislation and regulations, bears full responsibility for loss, shortage and damage to goods accepted for transportation that occur from the moment the goods are accepted for transportation until the goods are delivered to the consignee, and compensates the Client for losses incurred in the amount of the cost of the lost goods. , missing or damaged cargo.

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

5.5.4. Without the Client’s consent, the Carrier does not have the right to shift to third parties its responsibility for fulfilling the terms of this agreement and the obligation to compensate for losses incurred by the Client.

6. Force majeure

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

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

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

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

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

7. Dispute resolution

7.1. The parties make every effort to resolve disputes and disagreements arising during the period of validity of this Agreement through negotiations. Before the Parties present claims arising from this Agreement, it is mandatory to submit claims.

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

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

8. Final provisions

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

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

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

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

8.5. After signing this Agreement, all preliminary negotiations on it, correspondence, preliminary agreements and protocols of intent on issues related in one way or another to this Agreement lose legal force.