The document form “Agreement for the provision of transport logistics services” belongs to the heading “Agreement for the provision of services, outstaffing”. Save the link to the document on social networks or download it to your computer.

Contract of assignment for the provision of transport logistics services

[specify the place of conclusion of the contract] [day, month, year]

[Insert the full name of the organization, enterprise, indicating the organizational and legal form] represented by [position, full name of the head of the organization, enterprise], acting on the basis of [name of the document confirming authority], hereinafter referred to as the “Principal”, with one party, and [full name of the organization, enterprise indicating the organizational and legal form] represented by [position, full name of the head of the organization, enterprise], acting on the basis of [name of document confirming authority], hereinafter referred to as “Attorney ", 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. The Principal instructs, and the Attorney undertakes to perform on behalf of and on behalf and at the expense of the Principal the actions listed in Appendix No. 1 to this agreement. The rights and obligations under a transaction completed by the Attorney arise directly from the Principal.

2. Rights and obligations of the Principal

2.1. The principal undertakes:

2.1.1. Issue instructions in writing, which must be signed by authorized persons of the Principal, must be legal, feasible and specific.

2.1.2. Issue to the Attorney a power of attorney for each specific assignment in accordance with the text specified in Appendix No. 2 to this agreement, with the right to perform legal actions to carry out instructions under this agreement on behalf of the Principal with the right to delegate to the Attorney his employees the execution of individual instructions of the Principal.

2.1.3. Reimburse the Attorney for expenses incurred in connection with the implementation of this agreement.

2.1.4. Without delay, accept from the Attorney everything performed by him in accordance with this agreement.

2.1.5. Pay the Attorney a remuneration in the amount provided for in clause 4.1 of this agreement.

2.1.6. Submit to the Attorney applications for the transportation of specific cargo, indicating the quantity and range of goods, no later than 24 hours before the planned date of delivery of transport for loading. Urgent applications of the Principal submitted in less than 24 hours may be accepted for execution by the Attorney using a special tariff rate separately agreed upon between the parties. If it is necessary to provide additional documents, including information about the properties of the cargo and the conditions of its transportation, other information, the Attorney has the right to request such information from the Principal, who is obliged to fulfill this requirement.

Submitting an application is the basis for the Attorney to carry out preparatory work for organizing the transport process, including the emergence of mutual obligations on the part of the parties to fulfill the agreed conditions for freight forwarding and transportation of goods. An application that is signed by authorized representatives and certified by the seals of the Parties is considered accepted. The conditions agreed upon by the Parties in a specific application for the transportation of a specific consignment of cargo take precedence over the terms of this agreement.

2.1.7. At the request of the Attorney, provide information about the cargo, as well as documents necessary for its unimpeded transportation along the agreed route, including for passing control of the transported cargo by regulatory authorities (transport inspection, etc.). The deadline and list of documents required for provision are agreed upon by the Parties in each individual case.

2.1.8. Entrust the Attorney with cargo insurance, reimbursing him for insurance costs. In this case, the Beneficiary under such insurance is the buyer or consignee.

2.1.9. Reimburse the Attorney for additional costs incurred by him, provided that such costs and expenses are supported by documents and were directly related to payment for services in the process of transporting the cargo to the place of delivery. This rule applies to cases where cargo is stored in the Agent’s warehouse if the recipient does not take measures to claim it. The maximum storage period for this type of cargo cannot exceed more than [value] calendar days. The cost of storage is determined using rates (prices, tariffs) established at the place where the cargo is stored.

2.2. The principal has the right to cancel any order at any time in accordance with paragraph 2 of Article 977 of the Civil Code of the Russian Federation.

3. Rights and obligations of the Attorney

3.1. The attorney undertakes:

3.1.1. Confirm to the Principal in writing the acceptance of the application no later than one business day from the date of receipt of the application, and for urgent applications - no later than the next business day. If there is a written application from the Principal, the Attorney is obliged to organize, at his expense, the transportation of cargo accompanied by armed guards, if such an application is submitted by the customer and if there is a need for this.

3.1.2. When executing the Principal's instructions, do not use the opportunities provided to him by the Principal in his own interests or in the interests of third parties.

3.1.3. Carry out the assignment given to him using his full-time employees.

3.1.4. At the request of the Principal, inform him about the progress of the execution of each specific assignment under this agreement.

3.1.5. After executing a specific order, immediately return the corresponding power of attorney to the Principal.

3.1.6. Provide the Principal with a written report on the completed assignment with supporting documents attached and transfer to the Principal without delay all documents received from government bodies and organizations.

3.1.7. When executing the Principal's instructions, strictly comply with the legislation of the Russian Federation regulating activities related to the scope of the Principal's instructions.

3.1.8. Agree with the Principal the expenses necessary for the execution of each order.

3.1.9. Ensure delivery of the cargo to its destination, which is confirmed by affixing the signature and seal of the recipient on receipt of the cargo in the delivery note. In other cases agreed upon between the parties, the Agent delivers the cargo to the recipient in the presence of a duly executed power of attorney with an attachment of an identification document (passport) and an original power of attorney to receive the cargo. The customer of the cargo must promptly bring this requirement to the attention of the relevant consignee.

3.1.10. Take part in drawing up a commercial act if a discrepancy is discovered during the unloading process between the number of places in the documents and what was actually delivered, including damaged ones. Notify the Principal about all facts of detected shortage/damage, loss of cargo during transportation or upon its completion.

3.1.11. Inform the Principal about completed shipments of goods to the addresses specified by him, as well as about the expected date of arrival of goods at the consignee's terminal.

3.1.12. Ensure on your own the loading of cargo into vehicles on the terms and according to the rules provided for by the current transport legislation of the Russian Federation.

3.1.13. Prepare shipping documents and transfer them immediately to the shipper upon completion of cargo loading. Unloading of the arrived cargo on a vehicle is carried out by the consignee in accordance with the terms of delivery.

3.1.14. Provide the consignee with preferential time to perform loading and unloading operations within the time limits specified in the Application for this agreement. Exceeding the allotted time for loading/unloading cargo entails mandatory payment by the customer/consignee for forced downtime of the vehicle in the amount and terms specified in the Application.

3.1.15. According to paragraph 1 of Article 973 of the Civil Code of the Russian Federation, the Attorney is obliged to execute orders in accordance with the instructions of the Principal.

3.2. The attorney has the right:

Refuse to accept the relevant application or postpone the deadline for its implementation if it is submitted in violation of the submission deadline specified in clause 2.1.6 of this agreement.

Determine the cargo transportation route in agreement with the Principal. If the cargo transportation route changes, inform the Principal in advance.

This provision of the agreement does not apply to cases of changes in the route that are associated with the occurrence of force majeure circumstances that prevent the Attorney from fulfilling this agreement.

Request from the Principal, if necessary, additional information about the properties of the cargo and the conditions of its transportation and other information that the Attorney needs for the quality execution of the relevant instructions of the Principal, and the Principal is obliged to provide such information to him.

According to paragraph 2 of Article 973 of the Civil Code of the Russian Federation, deviate from the instructions of the Principal if, under the circumstances of the case, this is necessary in the interests of the Principal and the Attorney could not first request the Principal or did not receive a response to his request within a reasonable time. In this case, the Attorney is obliged to notify the Principal of the deviations made as soon as notification becomes possible.

Involve third parties in fulfilling the Principal's instructions, but responsibility for their actions lies with the Attorney.

4. Special conditions

4.1. In the event of actions by official authorities related to the inspection of transported cargo belonging to the Principal and causing the detention of the Agent's (his partner's) vehicle during transportation, the Agent has the right to transfer to the Principal all costs associated with this inspection. Such expenses must be confirmed by relevant documents, namely:

Downtime of transport;

Unloading and loading of inspected cargo;

Other costs associated with cargo inspection.

4.2. If, during the above checks, the relevant organizations seize the cargo and, in accordance with accepted practice, make a corresponding note in the transport documents, the Agent (his partner) is completely released from liability to compensate the Principal for the cost of the seized cargo.

5. Calculations and payments

5.1. The amount of the Attorney's remuneration is [amount in figures and words] rubles, including VAT.

5.2. All payments between the Parties are made by bank transfer. The Attorney, in agreement with the Principal, may issue invoices to the Principal before the start of transportation or after its completion using the tariffs specified in the application. Calculations are made in Russian rubles.

5.3. Upon receipt of an invoice from the Attorney, the Principal pays it in the amount and terms specified in the invoice by bank transfer in rubles. If the invoice payment deadline is violated, the Principal pays a fine in the amount of [value]% of the invoice amount.

5.4. The day of payment of the invoice is considered the day the funds are written off from the Principal's current account. The Principal is obliged to notify the Attorney about the payment on the payment day by fax or email, and also indicate the date and number of the payment order.

5.5. If the Attorney incurs additional expenses for the services provided by him and in support of them, the Attorney must attach documents confirming the official payments made by him and submit them for reimbursement to the Principal.

5.6. If there are discrepancies in the issued invoice, such discrepancies must be documented by the Principal in writing and declared to the Attorney no later than 2 banking days from the date of receipt of the invoice. The term for payment of the corrected invoice is calculated from the date of its issuance by the Attorney.

5.7. The amount specified in the application, indicated in the invoice for payment, cannot be reduced by the Principal unilaterally and must be paid in full. The Principal does not have the right to delay payment of the Attorney's invoice for services duly rendered against his claims based on the loss or physical damage of his cargo, as security for them.

5.8. Each Party is responsible for paying all official taxes and fees provided for by the legislation of the Russian Federation and taxes at the places of departure of goods.

5.9. The original documents of the Attorney, including an invoice, an invoice, and a certificate of work performed for the delivery of goods, are provided to the Principal upon completion of the work (services).

6. Transport

6.1. The Agent carries out transportation of the Principal's goods in accordance with his requirements for vehicles specified in the application for transportation. The Agent has the right to submit for loading a vehicle that, in terms of carrying capacity and capacity, does not correspond to the Principal’s application, informing the Principal about this within a reasonable time.

7. Responsibility of the Parties

7.1. The liability of the Parties arises in the event of a violation of contractual obligations, as a result of negligent or intentional actions of the Parties to this agreement, leading to the complete or partial impossibility of proper execution of a specific order.

7.2. The Agent's liability for cargo (loss, damage, spoilage) during transportation (intercity, interregional) is determined in accordance with the provisions of Russian legislation.

7.3. All information received by the Parties during the execution of this agreement is confidential and is not subject to disclosure or use outside the framework of this agreement.

7.4. If, due to the fault of the Principal or his consignee, there is downtime of a vehicle on the territory of Russia, which arrived for unloading or submitted for loading in accordance with the schedule, the Principal pays for the delay of the vehicle in accordance with the tariffs of the Agent for the day of downtime.

7.5. In case of failure to deliver the vehicle within the time period specified in the application, the Attorney shall pay the Principal a penalty in the amount of [value]% of the freight amount for each day of delay, unless the Attorney notified the Principal in writing 6 hours in advance of the possibility of such a delay.

7.6. Delivery of cargo to the consignee or recipient specified by the Principal, not within the time period specified in the application or waybill, gives the Principal the right to apply penalties to the Agent in an amount not exceeding [value]% of the freight amount for each day of delay. This clause applies if there are no circumstances that relieve the Attorney or his partner of responsibility for late delivery.

7.7. In the event of a breakdown or accident of the vehicle or sudden illness of the driver, the Attorney is not responsible for the time delay necessary to replace the vehicle or driver. In this case, the delay should not exceed [value] hours.

7.8. Cancellation by the Principal of the submitted application without notifying the Attorney or violating the deadlines for its cancellation provided for in this agreement shall entail payment to the Agent of a penalty in the amount of [value]% of the amount of the tariff for the corresponding transportation.

7.9. The Agent is not responsible for physical damage to the cargo that occurs as a result of the Principal’s failure to provide information about the properties of the cargo and the mandatory conditions of transportation (special conditions, in particular, determining temperature conditions, humidity, tightness of the vehicle, etc.).

7.10. The Agent is not responsible for the delivery of cargo to an unauthorized recipient, which resulted from the Principal’s unreliable instructions regarding the indication of the consignee’s address, as well as the Principal’s special instructions on the authority of individual consignees to receive the cargo.

7.11. The Principal and the Attorney are also responsible for non-fulfillment or improper fulfillment of obligations on the grounds and in the amount determined in accordance with Chapter 25 of the Civil Code of the Russian Federation and Federal Law of the Russian Federation of June 30, 2003 N 87-FZ "On forwarding activities" .

8. Force majeure circumstances

8.1. Each Party is released from liability for partial or complete failure to fulfill obligations under this agreement if the failure to fulfill obligations was the result of force majeure circumstances that arose after the conclusion of this agreement as a result of extraordinary events that the Party could neither foresee nor prevent by reasonable measures. Force majeure circumstances include events that the Party cannot influence and for the occurrence of which it is not responsible.

The Party citing force majeure circumstances is obliged to immediately inform the other Party about the occurrence of such circumstances in writing.

The information must contain data on the nature of the circumstances, as well as, if possible, an assessment of their impact on the Party’s fulfillment of its obligations under this agreement and on the period for fulfillment of obligations.

A party that cannot, due to force majeure circumstances, fulfill its obligations under this agreement must make every effort to eliminate the consequences of failure to fulfill its obligations as soon as possible.

If these circumstances cease, the Party must notify the other Party in writing. In this case, the Party must indicate the period within which it is expected to fulfill its obligations under this agreement.

If a Party does not send or untimely sends the required notice, then it is obliged to compensate the other Party for losses caused by failure to notify or untimely notification.

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

Exemption from liability is valid only for the period during which these force majeure circumstances and their consequences apply.

8.2. Upon the occurrence and termination of the above circumstances, the Party must immediately notify the other Party in writing.

8.3. The notice must contain information about the nature of the circumstances and their impact on the Party’s fulfillment of its obligations under the contract, as well as the expected period of its fulfillment.

8.4. In the above cases, the deadline for the Parties to fulfill their obligations under the agreement is postponed in proportion to the time during which such circumstances and their consequences apply.

8.5. If such circumstances continue to apply for more than [meaning] months, each Party has the right to withdraw from this agreement.

8.6. The presence of force majeure circumstances referred to by one of the Parties under this agreement must be confirmed by a certificate from the Chamber of Commerce and Industry of the Russian Federation or its Branch.

9. Dispute resolution procedure and applicable law

9.1. The Principal and the Attorney will take all measures to resolve all disputes and disagreements that may arise from this agreement, or in connection with it, through negotiations.

If the Parties are unable to reach an agreement, all disputes and/or disagreements arising from this agreement or in connection with it shall be resolved in accordance with Russian law.

9.2. In all other respects that are not provided for in this agreement, the Parties are guided by the current legislation of the Russian Federation.

10. Early termination of the contract

10.1. This agreement may be terminated early on the following grounds:

Cancellation of orders by the Principal;

Refusal by the Attorney;

Bankruptcy Attorney;

Bankruptcy of the Principal.

10.2. The Principal has the right to cancel the assignment at any time, and the Attorney to refuse it at any time. According to paragraph 2 of Article 977 of the Civil Code of the Russian Federation, an agreement to waive this right is void.

10.3. If this agreement is terminated before the assignment is fully executed by the Attorney, the Principal is obliged to reimburse the Attorney for expenses incurred during the execution of the assignment and pay remuneration in proportion to the work performed by the Attorney.

10.4. The Attorney's refusal to execute the Principal's instructions or the Principal's cancellation of the instructions are not grounds for compensation for losses caused by the termination of the corresponding instructions.

11. Privacy

11.1. The Parties have agreed to maintain confidentiality any information received by one Party regarding the other in the course of fulfilling its obligations under this agreement. The confidentiality regime applies to the text of the agreement and its basic terms, as well as to any other information that either Party identifies as confidential before or when providing it to the other Party.

11.2. Information recognized as confidential in accordance with this agreement cannot include information that is publicly available in accordance with the requirements of the legislation of the Russian Federation.

11.3. For violation of the confidentiality regime under this agreement, the Party that committed such a violation is obliged to compensate the other Party for direct losses incurred in connection with this violation.

11.4. The provisions of this article do not apply to cases where any of the Parties under the contract is obliged to disclose confidential information to the competent authorities in accordance with the requirements of the legislation of the Russian Federation.

12. General provisions

12.1. All changes and additions to this agreement are considered valid if they are made in writing and signed by duly authorized persons of the Parties.

12.2. Any agreement between the Parties entailing new obligations that do not arise from this agreement must be confirmed in writing by the Parties and the corresponding addendum must be signed to this agreement.

12.3. After signing this agreement, all previous written and oral agreements, negotiations and correspondence between the Parties shall become invalid if they are not referred to in this agreement.

12.4. This agreement is signed in two copies in Russian, one copy for each Party and both copies have equal legal force.

12.5. Appendices No. 1 and No. 2 to this agreement are an integral part of it.

13. Notifications

13.1. Any kind of notifications, approvals, requests and other correspondence necessary to fulfill the obligations of the Parties under this agreement shall be sent in writing and delivered by express or registered mail with return receipt requested at the expense of the sending Party.

14. Legal addresses and bank details

14.1. Principal:

Address: [enter as required]

r/s: [enter as required]

bank: [fill in as required]

c/s: [enter as needed]

BIC: [fill in as required]

OGRN: [enter as required]

14.2. Attorney:

Address: [enter as required]

INN: [enter as required] Checkpoint: [enter as required]

r/s: [enter as required]

bank: [fill in as required]

c/s: [enter as needed]

BIC: [fill in as required]

OGRN: [enter as required]

Appendix: Appendix No. 1 on [value] l.

Appendix No. 2 on [value] l.

Principal Attorney

Appendix No. 1

Scope of activity [name of legal entity - Principal]

On behalf of and on behalf of [insert the name of the legal entity - the Principal], the delivery of food products across the territory of the Russian Federation is carried out by [name of the legal entity - the Attorney].

In order to fulfill these obligations, the Principal instructs the Attorney to perform the following actions on his behalf and at his expense:

Coordinate the delivery of goods across the territory of the Russian Federation to the warehouses of Russian customers;

Prepare and check transport documents;

Monitor and optimize traffic flows;

Deliver goods across the territory of the Russian Federation by motor transport;

Form cargo flows;

Monitor the timing of shipment of goods and their delivery to recipients;

Provide transport and forwarding services related to the transportation of the Principal's goods along domestic Russian routes.

Principal Attorney

[signature] [F. I. O.] [signature] [F. AND ABOUT.]

Appendix No. 2

to the contract from [date, month, year] N [enter as required]

Power of attorney

City [fill in as required]

[date, month and year in words]

[Full name of legal entity. person - the Principal], being a legal entity under the laws of the Russian Federation, with residence in [city, region, district, village] represented by [position, full name], acting on the basis of [name of document], with this power of attorney authorizes [ full name of the legal entity person - Attorney], represented by [position, full name] with the right of delegation to his full-time employees: [indicate full name of employees] to perform on behalf of [full name of legal entity. persons] the following legal actions: [fill in as appropriate]

This power of attorney is valid until [date, month and year are indicated in words].

[position and name of legal entity. persons] [signature] [F. AND ABOUT.]

Seal of the Principal

Notary's signature

Principal Attorney

[signature] [F. I. O.] [signature] [F. AND ABOUT.]

Agency agreement for the provision of services - a sample of this document can be downloaded from the link provided in the article below. The agency agreement refers to intermediary transactions and is regulated by Chapter. 52 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), as well as other norms of law. We will discuss the application of additional rules to agency and the procedure for drawing up an agreement in our publication.

Standard agency agreement - what are the general provisions, where can I download a sample (example)?

The parties to an agency agreement are the agent who receives the assignment and the principal who gives the assignment. An agency agreement for the provision of services is concluded in simple written form. Its validity period can be any, and it is also possible not to indicate it at all.

Download the contract form

The subject of the transaction in question, in accordance with paragraph 1 of Art. 1005 of the Civil Code of the Russian Federation, legal and other actions carried out by an agent are recognized. We can talk about agreeing on this essential condition when in the text of the contract:

1. The legal actions to be performed are listed. They mean committing:
   • any transactions (can be specified in an agreement or have a general indication);
   • other actions that give rise to legal consequences (for example, obtaining a license, registering rights, filing claims, lawsuits, etc.).
2. Other (actual) actions are named that do not directly give rise to any legal consequences (for example, searching for buyers, negotiating, advertising, etc.).
3. It is determined on whose behalf the agent acts:
   • on behalf and at the expense of the principal - by virtue of Art. 1011 of the Civil Code of the Russian Federation, the rules on assignment (Chapter 49 of the Civil Code of the Russian Federation) also apply to this option, if they do not contradict agency articles;
   • on its own behalf, but at the expense of the principal - in this case, under Art. 1011 of the Civil Code of the Russian Federation is also valid. 51 of the Civil Code of the Russian Federation on the commission with a clause on consistency with the rules on agency.

You can download an example of a contract on our website.

Procedure for execution of the contract

In order to properly determine the procedure for executing the agency agreement, the following conditions must be agreed upon:

1. How is the executed transaction accepted? Provisions of Ch. 52 of the Civil Code of the Russian Federation does not establish rules for this procedure, therefore it is recommended to specify the deadline for acceptance and the procedure for checking what has been executed. In this case, the verification method must correspond to the specifics of the order. For example, if an agent enters into a purchase and sale agreement as a buyer, then when transferring the goods to the principal, the standards for checking products under the supply agreement may be applied (Article 513 of the Civil Code of the Russian Federation).
2. Agent reports on services provided. The obligation to present them to the principal is established in paragraph 1 of Art. 1008 of the Civil Code of the Russian Federation, but in the Civil Code of the Russian Federation there are no instructions regarding the procedure for submitting a report. In this regard, the form, procedure and timing for sending such documents are established by the parties. Otherwise, the agent independently chooses the option that is convenient for him. Based on clause 3 of Art. 1008 of the Civil Code of the Russian Federation, the principal has the right to file objections to the agent’s report. 30 days are given for this. A different period is determined by agreement. If the principal makes no claims, the report is considered accepted.
3. Agent's expenses for providing services. Since paragraph 1 of Art. 1005 of the Civil Code of the Russian Federation establishes that the agent acts at the expense of the principal, it is recommended that the text immediately stipulate exactly what costs the agent bears. Here you can set a spending limit.

At the end of the agency, the contractor is required to confirm his expenses. All evidence must be attached to the report (clause 2 of Article 1008 of the Civil Code of the Russian Federation), although the contract can offer another design option.

Subagent terms

According to Art. 1009 of the Civil Code of the Russian Federation, the involvement of subagents is allowed in agency work. The subagency agreement, like the main one, is concluded according to the rules of Chapter. 52 of the Civil Code of the Russian Federation. The issue of subagency has several solutions:

1. Prohibition on involving third parties in execution.
2. Instructing the agent to enter into subagency agreements. In this case, the terms of subagency can be specified in the main agreement.
3. Giving the agent the right to decide at his own discretion whether or not to cooperate with other performers. In this case, the main provisions of the subagency transaction can be stipulated in the main agreement.

Even when engaging a subagent, the principal agent remains responsible for all actions of the third party to the principal. The exception is situations when the list of subagents is agreed upon in the main agreement. In this case, the agent is not responsible for either the choice or the conduct of business by subagents (clause 3 of Article 976, Article 1011 of the Civil Code of the Russian Federation).

As a general rule, a subagent does not have the right to enter into transactions on behalf of the main principal. However, if the main agreement allows this, then the agent, by way of sub-agency, can provide the subagent with such powers (clause 2 of Article 1009 of the Civil Code of the Russian Federation).

Agent's remuneration

In any case, the agency agreement is a compensated transaction. The courts adhere to this position and recognize the conditions for non-payment of agency fees as illegal (resolution of the Federal Antimonopoly Service of the Volga District dated May 24, 2013 in case No. A55-6675/2012). The fee for services is determined either in a fixed amount or with an indication of the method of calculating the remuneration (if at the time of signing the contract the parties cannot resolve the issue of the final amount).

In the absence of information about the price, payment will be made based on the usual cost of such services (Part 2 of Article 1006 of the Civil Code of the Russian Federation). Let us note that the amount of the agent’s remuneration must be proportionate to the results of the services provided, otherwise the court will refuse to collect payment for the work in full (Resolution of the Federal Antimonopoly Service of the West Siberian District dated August 24, 2006 No. F04-5282/2006).

VAT when paying for agency services (general, simplified tax system “income” and “income-expenses”, etc.)

If the agent is a VAT payer, then the contract should define this point in one of the following ways:

1. Indicate that the remuneration includes VAT. In this case, you should specify which amount will be remuneration and which amount will be tax, or simply indicate the current tax rate.
2. Please note that the payment for the transaction does not include VAT. In this case, the principal will be obliged to separately pay the amount of tax presented by the agent (clause 1 of Article 168 of the Tax Code of the Russian Federation (hereinafter referred to as the Tax Code of the Russian Federation).

When an agent does not pay VAT (for example, if this tax is not collected under the simplified taxation regime in accordance with Chapter 26.2 of the Tax Code of the Russian Federation), this must also be indicated in the text of the agreement. If nothing is written in the agreement about VAT at all, the court may consider that the remuneration is indicated taking into account the tax. In this case, the agent will receive his payment in a smaller amount than expected.

Change and termination of the agency agreement

The procedure for changing or terminating an agency agreement is regulated by the general rules of civil law. Termination of a transaction through the court is resolved in the same way. As for the unilateral termination of contractual relations, according to the general rule (clause 1 of Article 310 of the Civil Code of the Russian Federation), it is not allowed. Exceptions are made for reasons provided by law.

Yes, Art. 1010 of the Civil Code of the Russian Federation contains a number of rules that can become the basis for unilateral refusal of the contract:

1. If the deal is concluded for an indefinite period. The procedure for such termination is not prescribed in Chapter. 52 of the Civil Code of the Russian Federation, but by virtue of Art. 1011, 977, 1003, 1004 of the Civil Code of the Russian Federation, the party is obliged to notify of its decision at least 30 days before the date of termination of the agreement.
2. In the event of the death of an agent or his recognition as missing. The relationship also ends when the performer loses his legal capacity in whole or in part.
3. If the agent - an individual entrepreneur is declared bankrupt, and therefore cannot continue to provide agency services.

So, depending on the type of agency, rules on assignment or commission may apply to it. An agency agreement is always paid, but the remuneration must be proportionate to the result of the service provided. An essential condition of the transaction is its subject.

Agency contract

for the provision of dispatch services for road transport

Irkutsk "___"__________20__

We, the undersigned,__________________________________________________

on the one hand, and Individual Entrepreneur Duke Valentina Ivanovna,

valid on the basis of the Certificate of Registration Series IRP No. 001650248,

hereinafter referred to as the “Contractor”, on the other hand, have entered into this agreement as follows:

1. SUBJECT OF THE AGREEMENT:

1.1. The Contractor provides the Customer, at the request of the latter, with transport services for the transportation of Passengers and cargo, and the Customer pays for the services in full upon confirmation of their receipt.

2. PRICE OF THE CONTRACT. SETTLEMENT PROCEDURE and CONDITIONS.

2.1. The parties determine prices and tariffs for services in an agreed form in accordance with the annex to the agreement.

2.2. The Customer monthly transfers to the Contractor's bank account the amount of the deposit in the amount of __________ rubles.

2.3. Payment by the Customer for services actually rendered by the Contractor is made upon issuance of an invoice by the 15th day of each month.

2.4. Upon termination of the contract, the Contractor transfers the remaining funds to the Customer's bank account within three days.

2.5. Upon termination of the contract, the Customer transfers the remaining funds to the Contractor's bank account within three days.

2.6. The Contractor is obliged to notify no later than two weeks of the upcoming change in prices and tariffs for services.

2.7. Changes in prices and tariffs for services come into force after the parties sign a new annex to the agreement.

2.8. The parties make mutual settlements in any agreed form.

3. OBLIGATIONS OF THE PARTIES.

3.1. The Contractor provides transport services to the Customer in the amount and on time in accordance with requests given orally by telephone to those responsible for resolving operational issues on the part of the Contractor.

3.2. The Contractor is obliged to provide transport services to the Customer using technically sound and properly prepared transport for the transportation of passengers and cargo under its control.

4. RESPONSIBILITIES OF THE PARTIES

4.1. In case of failure to fulfill or properly fulfill obligations under this agreement by the Contractor. The Customer has the right to demand from the Contractor compensation for the material damage caused in full.

4.2. In case of refusal of the provided transport after the dispatcher informs about the arrival of the car, the Customer is obliged to pay the amount of the penalty at the current rate.

5. SPECIAL CONDITIONS OF THE AGREEMENT.

5.1. Vehicles are supplied by the Contractor at the time and place specified by the Customer in accordance with the accepted application.

5.2. The driver is prohibited from stopping vehicles for personal reasons when carrying out the requested transportation without the consent of the Customer’s representative.

5.3. Upon completion of the work, the driver signs the Customer’s coupon.

5.4. Persons responsible for resolving operational issues on the part of the Contractor:

Duke Valentina Ivanovna t/f. 23-11-45.

From the Customer's side __________________________________________

6. OTHER CONDITIONS.

6.1. This agreement comes into force from the moment of signing and is valid until “__”__________ 20_____.

6.2. The contract is considered extended for the next calendar month with payment of a deposit in accordance with clause 2.2. agreement.

6.3. Disputes under this agreement are resolved through negotiations, and in case of failure to reach an agreement, in arbitration court.

6.4. Changes and additions are made to this agreement by written agreement of the parties.

6.5. This agreement is drawn up in 2 copies - one for each party.

6.6. Issues not regulated by this agreement are regulated by current legislation.

6.7. In case of late payment by the Customer for the Contractor’s services, a penalty of 0.1% is charged on the unpaid amount for each day of delay.

6.8. The agreement can be terminated unilaterally, with written notice to the other party, in accordance with clauses 2.4,2.5 of this agreement.

6.9. In the event of force majeure circumstances, such as floods, earthquakes, the Contractor shall not be liable for the obligations of this agreement.

7.ADDRESSES AND BANK DETAILS:

Customer:_____________________

Performer: IP Duke Valentina Ivanovna

30 divisions 25.office no.9.

TEL/FAX 23-11-45

Poch. Ind._____________________

INN: 381008517144

Current account: 40802810009120000075

OKPO_________________________________

Cor. account: 30101810300000000760

Irkutsk branch of OJSC MDM Bank, Irkutsk

BIC: 042520760

OKONH______________________

Calc./account.______________________

Cor. Account______________________

BIC______________________________

Address________________________

Telephone______________________

No later than the fifth day of each month, the Agent submits for approval to the Principal a report on the services provided in the form approved by the appendix to this Agreement for the calendar month. 3. PAYMENT PROCEDURE 3.1. Settlements between the parties are carried out by bank transfer in rubles in the manner prescribed by this section of the agreement. Within working days from the moment the cargo is transported, the Agent issues an invoice to the Principal for payment for its services and reimbursement of expenses incurred and a certificate of provision of services. Payment of Agent invoices is carried out within business days from the date of receipt. 3.2. The amount of the agency fee is determined by the parties by their agreement for each individual transportation of cargo in the form of a fixed amount or as a percentage of the cost of transportation and is fixed in the act of provision of services and the agent’s report for the calendar month, taking into account value added tax.

Agency agreement for transport services

Civil Code of the Russian Federation. Agency contract

• intermediary - for services provided by third parties.

This way you will avoid unnecessary disputes with regulatory authorities. If a transport expedition agreement has already been concluded for all services, then in the event of a dispute you will need to prove that for all or some individual services provided under the agreement, you act as an intermediary, that is:

• you do not provide the services yourself, but only find people who will do it, and receive a remuneration for this (it must be specified in the contract);
• All costs for these services are borne by the customer.

In this case, in court, you have a chance to prove that you should calculate VAT only on remuneration. Resolution of the Federal Antimonopoly Service of the North-West District of October 22, 2009 No. A56-55513/2008; FAS CO dated 09/03/2009 No. A54-1111/2008C18; Nineteenth AAS dated October 19, 2010 No. A36-2127/2010; Twentieth AAS dated March 26, 2010 No. A54-3115/2009C4.

Agency agreement for the provision of services for organizing transport transportation

Civil Code of the Russian Federation, the terms of the contract are determined at the discretion of the parties, except in cases where the content of the relevant condition is prescribed by law or other legal acts (Article 422 of the Civil Code of the Russian Federation). 1.2. This agreement governs the relationship between the parties when the Agent carries out the orders of the Customer-Carrier related to the organization of transportation of goods, with the provision of intermediary services of a transport and forwarding nature in the interests and at the expense of the Customer-Carrier. The Agreement is regarded by the Parties as an Agency Agreement and is intermediary.
1.3. In their activities, the Parties are guided by the provisions of this Agreement, the Civil Code of the Russian Federation, Federal Law No. 87 of 01.01.2001 “On transport and forwarding activities”, Federal Law of November 8, 2007 N 259-FZ “Charter of road transport and urban ground electric transport”, By Decree of the Government of the Russian Federation of April 15, 2011
Get the full text 3.4. If the Parties draw up an Acceptance and Transfer Certificate for completed work (services), then the Transfer and Acceptance Certificate is drawn up and signed by authorized persons of the Parties in 2 (two) original copies having equal legal force, of which 1 (one) a copy is transferred to the Principal-Carrier, 1 (one) copy is transferred to the Agent. If the Carrier - Principal does not sign the Acceptance and Transfer Certificate and does not provide a reasoned refusal to sign it within 3 days, the order of the Carrier - Principal is considered completed, and the Acceptance - Transfer Certificate is considered accepted by the Carrier - Principal and is subject to mandatory payment. 4. Responsibility of the parties. 4.1 The parties bear financial responsibility for non-fulfillment or improper fulfillment of the contract in accordance with current legislation.

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The Agent agrees with the Principal-Carrier on the specific volume of transportation, the capabilities of the Principal-Carrier, the nature of transportation, routes, the nature of cargo from cargo owners, cost and other issues regarding placing orders, searching for orders for transportation by road. 1.5. The Agent sends in advance to the Principal-Carrier an application for the cargo owner (shipper) he has found for transportation by the Carrier. 1.6. Specific Services are agreed upon by the parties in documents (hereinafter referred to as the “Application”), which become an integral part of the agreement.

2. Basic obligations and rights of the Parties 2.1. Agent: 2.1.1.

Agency agreement transport services accounting documents

Agency agreement for the search for counterparties for the transportation of goods No. "" g. in a person acting on the basis, hereinafter referred to as the "Principal", on the one hand, and in a person acting on the basis, hereinafter referred to as the "Agent", on the other The parties, hereinafter referred to as the “Parties,” have entered into this agreement, hereinafter the “Agreement,” on the following: 1. SUBJECT OF THE AGREEMENT 1.1. Under this Agreement, the Agent undertakes, on its own behalf or on behalf of the Principal and at his expense, to perform the following legal and other actions: The Agent searches for counterparties for the transportation of the Principal’s goods and the provision of services related to the transportation of goods, and also enters into contracts for the transportation and forwarding of goods in the interests of the Principal The principal using air, sea or land transport, contracts for the provision of related services (storage, customs clearance, etc.). 1.2.

Agency agreement: accounting by the principal and agent

Organizes, on its own behalf, but at the expense of the Carrier-Principal, the provision of services for searching for cargo owners, shippers, for placing orders for transportation, for transporting goods in accordance with the Application (hereinafter referred to as the Application) (Appendix), which is an integral part of this agreement, services transport services and transportation, concludes on its own behalf, but in the interests and at the expense of the Carrier-Principal, contracts of carriage, as well as other contracts necessary for the carriage of goods; 2.1.2. Coordinates in advance with the Principal-Carrier the specific volume of transportation, the capabilities of the Principal-Carrier, the nature of transportation, cargo from cargo owners, cost and other issues regarding placing orders 2.1.3. Provides the Principal-Carrier with cargo for transportation according to the nomenclature and in volumes according to the Application 2.1.4.

contracts by type

The form of the instruction is agreed upon by the parties in the annex to this Agreement, which is an integral part thereof. 2.1.2. The Principal is obliged, within the time limits established by the Agent, to provide the latter with documents for the cargo necessary for the proper performance by the Agent of his duties. 2.1.3. The Principal has the right to request information from the Agent about the progress of the order.
2.1.4.

No later than before the shipment of the goods, the Principal has the right to cancel his order for the carriage of goods. In this case, the Principal reimburses the Agent for expenses incurred related to the cancellation of the order. 2.1.5. Within working days from the moment of receipt from the Agent of the act of provision of services and the report for the calendar month, the Principal signs the act and report or raises a reasoned objection.

If within the period specified in this paragraph the Agent does not receive signed documents from the Principal, the act and report are considered accepted. 2.2.

Agency agreement to find counterparties for the transportation of goods

Attention

For failure to provide a vehicle for loading within the agreed period, the Principal-Carrier will be charged a fine for each hour of delay at the loading location in accordance with the hourly tariff rate of this vehicle specified in the Application (for urban transportation) and in accordance with the UAT for regional transportation. 4.3 For disruption of transportation after confirmation of the Application, the Principal - Carrier undertakes to pay penalties in the amount of 20% of the order cost. Failure to deliver a vehicle to the loading location within 2 (two) hours for regional transportation and 30 (thirty) minutes for urban transportation is considered a transportation disruption. 4.4. For delays in delivery of cargo, the Carrier-Principal is responsible in accordance with UAT RF 4.5.

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Rights and obligations of the Agent: 2.2.1. At the request of the Principal, the Agent is obliged to immediately inform him about the progress of execution of this Agreement. 2.2.2. In cases where additional information on cargo is necessary for the execution of contracts concluded by the Agent with third parties in the interests of the Principal, the Agent has the right to request such information and documents and set a deadline for their provision for the Principal. 2.2.3. The Agent has the right to be reimbursed by the Principal for expenses incurred in the interests of the Principal.

In this case, the Agent provides copies of documents confirming the amounts of expenses incurred. The specified documents are provided to the Principal simultaneously with the Agent’s monthly report within the period specified in clause 2.2.4. actual agreement. 2.2.4.

All changes and additions to this Agreement must be made in writing. 6.3. This Agreement may be terminated at the initiative of either party. In this case, the party expressing its intention to terminate the Agreement is obliged to notify the other party of this no later than 30 calendar days before the expected date of termination. 6.4. This Agreement may be terminated at the initiative of either party if the other party violates the terms of the Agreement. In this case, the party expressing its intention to terminate the Agreement is obliged to notify the other party of this no later than days before the expected date of termination. 6.5. In any case, the Agreement remains in force in terms of financial terms until settlements between the parties are completed. 6.6. This Agreement is signed in two copies having equal legal force, one for each of the parties. 7.

Agency contract of carriage

Rights and obligations of the parties. 2.1. The Principal is obliged to: - issue a power of attorney to the Agent to carry out the actions specified in clause 1.1. actual agreement; — not to enter into similar agreements with other persons operating on the territory of the Russian Federation, and also to refrain from carrying out independent, similar activities on this territory that constitute the subject of this agency agreement, provided that the Agent fulfills its obligations in good faith; — inform the Agent about any objections to the submitted work completion certificate within 7 days after its receipt. If no objections are submitted within the specified period, the report is considered accepted by the Principal.
2.1.1. Fill out and send to the Agent an application for transport services in accordance with the sample proposed by the Agent no later than 8 working days before the start of transportation.

400 bad request

Attention

Ensure that authorized representatives of the consignor and consignee place in the waybills marks on the time of arrival of the vehicle to the consignor and consignee and departure from them, certified by the signatures of the representative of the consignor and consignee and the corresponding seal or stamp. 2.1.13. Make final payments to the Agent for the transportation of cargo by third parties and services provided by the Agent in accordance with this agreement on the terms specified in this agreement. When making payments under this agreement, the Agent is recognized as a freight forwarder with participation in settlements between the Client-customer and the Client-carrier.

Agency agreement for the provision of transportation services and freight forwarding

Provide cargo on time, in the nomenclature and in the quantity specified in the application; in containers and packaging that ensure the safety of cargo and rolling stock. 2.1.7. Pay the Agent the rate for transportation, including remuneration, and also reimburse all additional expenses incurred by the Agent related to the execution of the Principal’s instructions for organizing transportation, in the amounts and terms provided for in this agreement. 2.1.8. Provide, at your own expense, if necessary, telephone communication to the driver at loading/unloading points to resolve issues related to transportation technology. 2.1.9. Provide the Agent with the necessary documents and information about the properties of the cargo, the conditions of its transportation, address, loading time, as well as other information necessary for the Agent to fulfill its obligations under this agreement.

Agency agreement for the provision of services for organizing transport transportation

If the Principal overloads the vehicle in excess of the weight agreed upon in the application agreement, then he pays physical costs for each ton of overload. In addition, the Principal pays the full cost of repairing the vehicle if it is established by expert evidence that the breakdown occurred due to overload.

The conclusion of the examination may be the conclusion of a specialized repair and service company. 2.1.11. Ensure strict compliance by representatives of the consignor and consignee, responsible for loading and unloading cargo, with instructions from the driver of the vehicle regarding the procedure for loading cargo onto the vehicle, including stowage, strapping, fastening and construction of the vehicle given by the driver in order to ensure safety of the vehicle and the cargo itself.

Agency agreement to find counterparties for the transportation of goods

Info

The funds transferred by the Client to the Forwarder as an advance payment are taken into account in mutual settlements between the parties. In case of incomplete spending, the remaining amount of money is credited to the next payment.

Important

If the amount of expenses incurred by the Forwarder exceeds the amount of money paid by the Client-customer as an advance payment, the Client-customer pays the missing part of the amount to cover the expenses of the Forwarder and makes a new advance payment in accordance with clause 4.2. of this contract against future transportation. 7. Responsibility of the parties. Settlement of disputes. 7.1. If the terms of this agreement are violated, the violating party is obliged to compensate the other party for the losses caused, including lost profits.

7.2. All disputes or disagreements arising between the parties under this agreement or in connection with it are resolved through negotiations.
In case of closure, while the vehicle, roads or bridges are moving along the route, with documentary evidence, pay the Agent for the detour, the cost of ferry and other crossings, if the detour of closed bridges or roads exceeds 100 km. 2.1.15. For intracity transportation, pay the Agent the cost of one hour for providing the vehicle for loading, if the vehicle’s operating time was less than eight hours. 2.2. In accordance with the agreement, the Agent is obliged to: 2.2.1. Confirm or refuse to fulfill the application submitted by the Principal within 24 hours after its receipt, excluding weekends and holidays. 2.2.2. Execute the accepted order (application) in accordance with the instructions of the Principal, if they do not contradict the regulations listed in clause 2.1 of this agreement.

Agency agreement for the transportation of goods between the customer and the carrier

The Agent has the right to retain the cargo at the disposal of the direct carrier of goods until payment of remuneration and reimbursement of expenses incurred by him in the interests of the Principal or until the Principal provides adequate security for the fulfillment of his obligations in terms of payment of remuneration and reimbursement of expenses incurred by him. In this case, the Principal also pays the costs associated with retaining the property. For any damage to the cargo resulting from its retention by the Agent in the cases provided for in this paragraph, the Principal is responsible. 3.3. The Agent has the right not to begin to perform the duties stipulated by the transport expedition agreement until the Principal provides the necessary documents, as well as information about the properties of the cargo, the conditions of its transportation and other information necessary for the Agent to fulfill his duties.

The amount of the agent's remuneration is expressed in the currency in which the main (highest) cost of transportation is determined. 3.3. Payment of agency fees and incurred expenses expressed in foreign currency is carried out in rubles at the rate agreed upon by the parties in the annex to this agreement, which is an integral part of this Agreement.

Income or expense when a difference occurs between the rate of settlements with third parties and the rate of settlements with the Principal is charged to the Agent’s account. 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 current international and Russian legislation.
4.2.
Agency agreement for the search for counterparties for the transportation of goods No. "" g. in a person acting on the basis, hereinafter referred to as the "Principal", on the one hand, and in a person acting on the basis, hereinafter referred to as the "Agent", on the other The parties, hereinafter referred to as the “Parties,” have entered into this agreement, hereinafter the “Agreement,” on the following: 1. SUBJECT OF THE AGREEMENT 1.1. Under this Agreement, the Agent undertakes, on its own behalf or on behalf of the Principal and at his expense, to perform the following legal and other actions: The Agent searches for counterparties for the transportation of the Principal’s goods and the provision of services related to the transportation of goods, and also enters into contracts for the transportation and forwarding of goods in the interests of the Principal The principal using air, sea or land transport, contracts for the provision of related services (storage, customs clearance, etc.).
1.2.