Contract for the carriage of goods. Contract for the carriage of goods - essential terms, sample

A contract of carriage by road assumes that the carrier undertakes to deliver the cargo (mail) transferred to him by the sender to the destination and hand it over to the person authorized to receive the cargo (mail) (recipient), and the sender undertakes to pay the established fee for transportation. A sample contract for the carriage of goods by road is accompanied by a consignment note (Article 785 of the Civil Code of the Russian Federation).

The general conditions, procedure for concluding and form of the agreement are determined by the Civil Code of the Russian Federation, transport charters and codes, other laws and rules issued in accordance with them and other legal acts.

Types of contracts for the carriage of goods

The type of agreement depends on the type of transport:

• Rail transportation (regulated by Federal Law No. 18-FZ of January 10, 2003 “Charter of Railway Transport of the Russian Federation”, as well as numerous transportation rules).
• Automotive (regulated by Federal Law dated November 8, 2007 N 259-FZ “Charter of road transport and urban ground electric transport”, rules for the transportation of passengers and luggage by road transport and urban ground electric transport, approved by Decree of the Government of the Russian Federation dated February 14, 2009 N 112, as well as other cargo transportation rules).
• River (regulated by the Code of Inland Water Transport of the Russian Federation dated March 7, 2001 N 24-FZ).
• Maritime (regulated by the Merchant Shipping Code of the Russian Federation dated April 30, 1999 N 81-FZ).
• Air (regulated by the Air Code of the Russian Federation dated March 19, 1997 N 60-FZ).
• Mixed.

In addition, contracts for the carriage of goods with individual entrepreneurs, individuals and legal entities can be divided into the following types:

• by validity period (one-time and long-term);
• by territorial basis (domestic and international);
• by the number of transport enterprises (local, direct and direct mixed).

If the carrier undertakes to transport goods at the request of any citizen or legal entity, this service is recognized as transportation by public transport (Article 789 of the Civil Code of the Russian Federation).

Sample contract for the carriage of goods by road

The agreement between the carrier and the client is bilateral and for a fee. The contract for the carriage of goods can be either real or consensual. In most cases, it is real, that is, it is considered concluded from the moment the carrier accepts the cargo from the sender.

A charter agreement (most often sea or air charter) is consensual; it is considered concluded from the moment an agreement is reached on essential terms: the name of the vessel, the amount of cargo, the place of loading and unloading, the amount of freight, the destination of the vessel, the route of the vessel, etc.

Parties to the contract for the carriage of goods by transport

A typical contract for the carriage of goods is concluded between the carrier and the consignor, but a third party, the consignee, also participates in the transaction. The consignee's responsibilities arise from his relationship with the shipper (usually the supplier). Shippers of goods can be any subjects of civil law. The carrier can only be a commercial organization or an individual entrepreneur (IP), entitled to carry out freight transportation by law or on the basis of a license. If a legal entity or individual entrepreneur does not have a license, the contract for the carriage of goods may be declared invalid.

Subject of the contract of carriage by road: sample

The subject of the transaction is services for the delivery of material assets (cargo) entrusted to the carrier to their destination. These services include not only the actual transportation of goods, but also other actions, in particular, storage, delivery of goods to the recipient, and often loading and unloading. Each of these actions, taken separately, resembles the subject of other civil contracts (storage, vehicle rental, delivery). However, loading, storage, and delivery of cargo only accompany the purpose of the contract for the carriage of goods, which is to deliver the luggage to its destination.

Duration of the contract of carriage by road

The term in a transportation agreement is the period of time within which the cargo must be delivered to its destination. Delivery times are determined by transport charters and codes, indicated in the form of the contract for the carriage of goods, or based on reasonable or usually accepted terms (Article 792 of the Civil Code of the Russian Federation). The delivery period is met if at the destination the cargo is unloaded by the carrier's means or the wagons (vessels) are submitted for unloading by the recipient's means before the expiration of the delivery period established in the transportation contract.

Accounting under a cargo transportation contract

Most organizations use the services of a transport company to deliver goods to the consignee. Accounting entries for accounting for expenses for a transport company depend on the terms of the transaction with the buyer:

• if the agreement contains information that the shipper pays transportation costs on his own, then on the basis of paragraph 5 of PBU 10/99 “Organization expenses” it can be accepted as expenses for ordinary activities.
• if, in accordance with the terms of the contract for the carriage of goods, the buyer reimburses the costs of transporting the goods, then in accordance with the letter of the Ministry of Finance of Russia dated March 10, 2005 No. 03-03-01-04/1/103, it is advisable to use account 76 for accounting.

To download a contract for the carriage of goods by road (sample 2019), answer clarifying questions about the transaction and enter the necessary data into the template. We guarantee that the finished document will fully comply with the norms of the current legislation of the Russian Federation.

Contract for the carriage of goods by road

Hereinafter referred to as , in the person(s) acting on the basis of ,

collectively referred to as the Parties, and individually - the Party,

Subject of the agreement

1.1.

Obliges to deliver the cargo entrusted to him, specified in paragraph. 1.2 of the Agreement, to the destination and hand it over to the person authorized to receive the cargo (the consignee), and undertakes to pay the established fee for the carriage of the cargo.

1.2.

The load is the total mass.

1.3.

Conditions of transportation

2.1.

Provides a vehicle for loading the Cargo provided for in paragraph. 1.2 Agreement, city in , at the address .

2.2.

Delivery of the Cargo is carried out in accordance with the following data:

Cargo Destination:

Consignee:

Cargo delivery time:

2.3.

Loading of the Cargo into a vehicle at the point of departure and unloading at the point of destination is carried out by forces.

2.4.

Loading of Cargo into a vehicle must be carried out in such a way as to ensure the safety of cargo transportation and their safety, as well as to prevent damage to the vehicle.

2.5.

Delivery of the Cargo is carried out in accordance with the shipping details of the consignee provided for in paragraph. 2.2 Agreement.

2.6.

The right to verify the accuracy of the documents provided, as well as information about the properties of the Cargo, the conditions of transportation, and other information necessary to fulfill the terms of the Agreement.

2.7.

When submitting a vehicle for unloading, the consignee notes the date and time of submission of the vehicle for unloading, as well as the condition of the Cargo. If the legislation of the Russian Federation provides for a rate of natural loss of Cargo, the difference between the weight of the Cargo determined at the point of departure and the weight of the Cargo determined at the point of destination must not exceed the rate of natural loss of Cargo established by regulatory legal acts of the Russian Federation.

2.8.

Obligations are considered properly fulfilled from the moment of receipt of the Cargo by the consignee, which is determined by the moment of signing by the consignee’s representative.

2.9.

If the consignee refuses to accept the Cargo for reasons beyond its control, the latter has the right to deliver the Cargo to the specified new address (cargo forwarding), and if it is impossible to deliver the Cargo to the new address, return the Cargo to the shipper with appropriate prior notification. The costs of transporting the Cargo when it is returned or re-addressed are reimbursed at the expense of .

2.10.

After fulfilling its obligations under the Agreement, it provides a signed Certificate of Acceptance and Transfer of Services Rendered (in two copies) in the form provided in Appendix No. to the Agreement (hereinafter referred to as the Certificate).

2.11.

Within calendar days from the date of receipt of the Certificate, he is obliged to sign and return it or send a reasoned refusal to accept services and sign the Certificate.

2.12.

If within calendar days from the date of receipt of the Act he has not submitted written reasoned objections to the Act, then the Act is considered signed, and the services specified in the Act are accepted.

Rights and obligations of the parties

3.1.

Obliges:

3.1.1.

Within the period provided for in paragraph. 2.2 Agreement to provide a vehicle agreed by the Parties in a condition suitable for transportation of the relevant type of Cargo.

3.1.2.

Develop the optimal route for transporting the Cargo, in accordance with the requirements for speed and safety of transportation.

3.1.3.

Provide information about the vehicle transporting the Cargo.

3.1.4.

Upon request, additionally inform the latter about the location of the vehicle with the Cargo, changes in the route and delivery time, and in case of any delays of the vehicle along the route by more than , independently inform about this.

3.1.5.

Ensure delivery of the Cargo within the time agreed by the Parties.

3.1.6.

Ensure the safety of the Cargo entrusted for transportation. If there is a threat (threat) of unauthorized access to the Cargo by unauthorized persons, take the necessary measures to ensure the safety of the Cargo. In case of damage or loss of the Cargo, involve the relevant competent authorities to document the circumstances of the incident and immediately notify about the incident.

3.1.7.

Ensure that vehicle drivers have documents allowing them to carry out cargo transportation, including a waybill indicating the transportation route.

3.2.

Obliges:

3.2.1.

Provide complete and reliable information about the properties of the Cargo, the conditions of its transportation and other information necessary to fulfill its obligations under the Agreement.

3.2.2.

Prepare the Cargo for transportation in such a way as to ensure the safety of its transportation and the safety of the Cargo, as well as to prevent damage to the vehicle.

3.2.3.

Timely and in the manner agreed upon by the Parties, pay remuneration for services provided under the Agreement.

3.2.4.

Organize unimpeded passage (access) to the point of loading (departure) and unloading (destination) of the Cargo.

3.3.

3.3.1.

Carry out inspections of the Cargo provided for transportation.

3.3.2.

Replace a vehicle unsuitable for transportation of Cargo.

3.3.3.

Demand payment of remuneration.

3.4.

3.4.1.

Refuse a submitted vehicle that is unsuitable for transporting the Cargo.

3.4.2.

Receive information about the vehicle transporting the Cargo, its location along the route, as well as other information related to the transportation of the Cargo.

Payment procedure

4.1.

The cost of services under the Agreement is () rubles, VAT is not assessed due to the use of a simplified taxation system ( Art. 346.11 Tax Code of the Russian Federation).

4.2.

Payment under the Agreement is made by 100 (one hundred) percent advance payment. Payment is made within banking days from the date of signing the Agreement.

4.3.

Settlements under the Agreement are made non-cash by payment orders.

4.4.

The obligation to pay is considered fulfilled at the moment the funds are credited to the account.

Responsibility of the parties

5.1.

The parties are responsible for failure to fulfill or improper fulfillment of their obligations under the Agreement in accordance with Russian legislation.

Change and termination of the contract

6.1.

The Agreement may be amended or terminated by agreement of the Parties or at the request of one of the Parties on the grounds and in the manner provided for by the legislation of the Russian Federation.

Resolution of disputes from the contract

7.1.

Disputes and disagreements in connection with the execution of the Agreement should primarily be resolved by the Parties through negotiations.

7.2.

The circumstances that constitute the basis for the emergence of liability when transporting goods or providing vehicles for transportation are certified by commercial acts, general acts and/or other acts established by the legislation of the Russian Federation.

7.3.

In case of loss, shortage, damage (spoilage) of the Cargo, as well as in other cases provided for Rules for the carriage of goods by road(approved by Decree of the Government of the Russian Federation dated April 15, 2011 No. 272), a Commercial Act is drawn up in the presence of both Parties to the Agreement on the day the circumstances subject to formalization by the Act are discovered. If it is impossible to draw up a Commercial Act within the specified period, it will be drawn up within the next 24 hours. If one of the Parties to the Agreement evades drawing up a Commercial Act, the other Party has the right to draw it up without the participation of the evading Party, having previously notified it of this.

7.4.

The procedure for drawing up Commercial Acts and putting marks in documents is established by the Rules for the transportation of goods by road (approved by Decree of the Government of the Russian Federation of April 15, 2011 No. 272).

7.5.

The commercial act is drawn up in the number of copies corresponding to the number of persons participating in its preparation, but not less than 2 copies. Corrections in the drawn up act are not allowed.

7.6.

Before filing a claim arising from the Agreement, filing claims is mandatory. The period for consideration of a written complaint is 30 days from the date of receipt by the addressee.

7.7.

Claim letters are sent by courier or registered mail with return receipt requested to the addresses specified in the section “Addresses, details and signatures of the Parties.” Other methods of filing claims are not allowed.

7.8.

In the event of failure to resolve disagreements in the claim procedure, as well as in the event of failure to receive a response to the claim within the period specified in paragraph. 7.6 Agreement, the dispute is referred to court in accordance with the rules of jurisdiction established by law.

Contract time

8.1.

Comes into force from the moment it is signed by the Parties and is valid until the Parties fully fulfill their obligations under it.

Other conditions

9.1.

The parties do not have any related oral agreements. The content of the text of the Agreement fully corresponds to the actual expression of the will of the Parties.

9.2.

Legally significant messages are sent only to the addresses specified in the section of the Agreement. The parties are obliged to inform each other in writing about changes in contact information, and bear the risk of failure to comply with this obligation.

9.3.

The Agreement is drawn up in 2 (two) original copies in Russian, one for each of the Parties.

9.4.

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

Applications

Addresses and details of the parties

Name:			Name:
Address:			Address:
Tel.:			Tel.:
OGRN:			OGRN:
Taxpayer Identification Number:			Taxpayer Identification Number:
Checkpoint:			Checkpoint:
e-mail			e-mail
Account:			Account:
Bank:			Bank:
BIC:			BIC:
Cor/sch:			Cor/sch:

A contract for the carriage of goods is a document confirming the agreements reached between the parties regarding the carriage of a certain cargo.

Taking into account the various methods of transportation that currently exist, as well as the specifics of the goods being transported, these relationships are regulated by various legislative acts.

These regulations may relate to various branches of law. The most important laws of our country pay special attention to the contract of carriage, these include such sets of norms as codes: Air Code of the Russian Federation, Merchant Shipping Code of the Russian Federation, Code of Inland Water Transport of the Russian Federation, Civil Code of the Russian Federation, etc. Federal laws, by-laws, local and departmental orders and regulations may contain rules regulating this area of ​​activity.

Legal rules for drawing up a contract

So, what do you need to know about the contract for the carriage of goods? What basic criteria must the contract meet?

The contract in question is a voluntary written agreement of the parties; it can be drawn up either in simple written form or have a notarized transaction. It is drawn up in the form of one document, with a number of copies equal to the number of persons participating in the transaction.

Confirmation of the carrier's acceptance of cargo for transportation may also be a waybill or another document that, in its essence, replaces the contract for the supply of goods and confirms the existing obligations of the parties, their rights and obligations.

In some cases, a payment receipt and a cash receipt will be documents that will indicate the conclusion of an agreement; such cases include postal delivery and other similar transactions.

Modern development of cargo transportation services

Currently, with the development of the Internet, cargo transportation has entered a new stage of development, as numerous online stores, including those located outside the Russian Federation, deliver goods ordered by customers by transporting them over various distances. In this case, payment for the selected product in full will confirm not only the purchase of the product (cargo), but also the emergence of a relationship for its transportation.

This agreement is for a fee. In case of failure to pay for the ordered services, the contract may be considered terminated/not concluded and may not have any legal consequences.

Various methods and features of transporting goods over distances leave their mark on the legal regulation of the transaction.

In this document it is advisable to reflect the following features

Who will load and unload the transported cargo.

Will this cargo be insured?

Who will hand over the cargo to the carrier.

Who will accept the cargo from the carrier.

Cargo delivery times.

Cargo value.

Liability for loss of cargo.

Features of transportation of certain types of cargo.

Documents drawn up and transferred to the parties upon execution of the transaction.

Payment method, etc.

A feature of a gas transportation contract is, as a rule, the mandatory pre-trial settlement of the dispute. If this is not done, then the statement of claim may not be accepted in court, and the accepted statement must be returned to the plaintiff without consideration.

There are various contract options available on our Website. You can view them in the "Document Samples" section.

Contract of carriage of goods

JSC "Transportation Technologies", hereinafter "Carrier", represented by representative Gemny Irakli Stepanovich, acting in accordance with power of attorney No. 496119695-449683/GIS dated December 02, 2013 and LLC "Pravaya Tsel", hereinafter "Sender", represented by representative Katsny Stanislav Minovich, acting under power of attorney No. PRA-559683/44968-22386 dated December 02, 2013, hereinafter considered as the “Parties”, agreed and signed this contract of carriage (hereinafter referred to as the “Agreement”) as follows:

1. THE SUBJECT OF THE AGREEMENT
1.1. To fulfill this requirement, Transportation Technologies OJSC guarantees delivery of the cargo entrusted to it by Right Target LLC: literature and periodicals, according to the list, in the amount of 2487 (two thousand four hundred eighty seven) copies, hereinafter referred to as “cargo”, to the following destination: Khabarovsk Territory, Izdinsky district, Dalniy village, st. Samoshkina, 131, Library, release the cargo to the Recipient, and Right Target LLC assumes the functions of paying for the transportation of the cargo, in accordance with the agreements reached and this transportation agreement.
1.2. The fee for the services provided is 67895.56 (sixty-seven thousand eight hundred ninety-five) rubles 56 kopecks, including 18% VAT.
1.3. Payment for the indicated services is carried out by one hundred percent advance payment.

etc…

The entire standard form and sample contract for the provision of cargo transportation services is available for free download as an attached document.

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

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

Please keep in mind that you can send the goods either as an individual or as a legal entity (or entrepreneur), the carrier can only be an individual entrepreneur or a commercial organization, because For this, a license for the right to transport goods is required.

The specificity of the carrier's services lies in the fact that he assumes not only responsibility for the transportation of cargo, but also for its safety, delivery to the consignee, unloading and loading; do not forget to note these carrier responsibilities in the contract.

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

• Civil Code of the Russian Federation Chapter 40. Transportation art. 784 – art. 800.
• Civil Code of the Russian Federation Chapter 41. Transport expedition Art. 801 – Art. 806.
• Federal Law of June 30, 2003 N 87-FZ “On transport and forwarding activities”

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

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

Transportation of any cargo is processed waybill (Bill of Lading). It contains all the necessary information about the cargo, consignor, consignee, driver and other accompanying information.

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

In turn, the customer assumes all risks associated with unexpected downtime of the carrier that arose through his fault, and is obliged to provide normal living conditions. Compliance with regulatory deadlines for loading and unloading operations also lies with the customer, and not with the consignee, so it is better to discuss this issue in advance between the interested parties. The contract should indicate whose responsibility it is secure cargo securing, to avoid misunderstanding. In any case, downtime due to the fault of the customer must be paid according to the tariffs.

There is a general rule: rescheduling of loading time on either side in less than 24 hours before the agreed date entails penalties provided for in the contract, be it payment at a tariff or a percentage of the contract amount.

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

• the original of the consignment note with the consignee’s mark on acceptance of the cargo;
• original invoice;
• certificate of completion;
• a receipt for any additional costs incurred by the carrier, agreed upon in writing by the parties;
• other documents provided for in the contract.

Contract of carriage– one of the most difficult, because It is impossible to foresee all the circumstances along the way, therefore both parties should be prepared for a negotiated method of resolving controversial issues, and the customer should provide the carrier with a telephone connection for official use to promptly resolve problems that have arisen.

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 - a car company, transport organization, railway, shipping company, 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 contract, 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. Duties 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 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.

Today, all business relationships must be legally certified. Any area of ​​business requires a serious approach, especially when it comes to selling goods. Not every manufacturer can supply goods to the market using their own transport, so they use the services of cargo carriers. To avoid disputes, a cargo transportation contract must be drawn up.

This document guarantees the cargo carrier and the hiring company the protection of their interests. There are many companies on the market that provide services for the transportation of various goods, both within the country and abroad. So what should you consider when drawing up a contract for the carriage of goods? What nuances should both sides discuss?

Why do you need to formalize the relationship legally?

Not every organization has transport to deliver goods to points of sale. Maintaining your own transport is quite expensive, and sometimes it is more profitable to seek the services of transport companies. For these purposes, a special request for transportation is initially filled out.

Such a primary document allows you to resolve all emerging issues before concluding a formal contract between the employer and the carrier.

The contract protects the rights of the tenant and guarantees that the goods will be delivered on time and in complete safety to their destination. Of course, it also takes into account the interests of the cargo carrier. Thanks to the introduction of new rules and requirements into the law on transport transportation, quality control of such services has been strengthened, which has made it possible to bring them closer to international standards.

Preliminary application for a transportation contract

The essential terms of the contract for the carriage of goods must be considered before concluding a final agreement between the parties. For these purposes, the legislation provides for the execution of a preliminary document, which is known as an application for the carriage of goods.

Formation of an application and drawing up an agreement is an important stage in organizing the transportation of goods

An application for a contract for the carriage of goods by road will allow the cargo carrier to obtain all the necessary information and determine the final price for its services. What points must be indicated in the application:

• Necessary information about the goods being transported. Its quantity, specific weight, equipment, quality characteristics. Even the price is indicated. Such information influences the final decision on concluding a contract. After all, there are orders that require special conditions and transportation by a specific type of vehicle.
• Specific delivery times. The cargo carrier is guided by them when making a decision. Does he have the ability to deliver a certain product to the selected destination on time. For many goods, storage periods are limited and they must be quickly sold, for example, food products.
• The application also indicates the form of responsibility for the transported goods. After all, the employer trusts his goods, counting on its timely delivery. Therefore, specific recovery figures are determined if the cargo is damaged or arrives late.
• If it is necessary to transport special cargo that has explosive properties and requires certain conditions for transportation, special clauses are drawn up in the agreement, which stipulate all the properties of the goods and the conditions necessary for transportation. Most special cargo requires special permits, which not every carrier has.
• The distance over which the goods are transported in kilometers, as well as the possible route.

All information provided influences the final decision when concluding a contract. All controversial issues are resolved within a month after sending the application to the cargo transportation company.

Sample

There is a specific sample application that contains all the additional information. Later, the application is attached to the accompanying documents necessary for transporting goods by road.

Example of a request for cargo transportation

There are two ways to submit a transportation request:

• At the office of a company providing transportation services;
• Electronic version of the application. For those companies who cannot drive to the office. This method is much more convenient and does not require additional costs, providing the opportunity to resolve all controversial issues electronically.

After all the nuances have been settled between the employer and the transport company, a formal contract is concluded. The application is also drawn up and signed by the parties in two copies and is attached in addition to the contract.

If, after filling out the application form for the transportation of goods by road, the parties were unable to come to a mutually beneficial agreement, then after the expiration of the one-month validity period of the application, an official refusal of the services of the transport company is issued and the application loses its legal force.

Essential terms of the contract for the carriage of goods

Essential terms of the contract for the carriage of goods:

• The official name of both organizations entering into a transportation agreement.
• Details of the persons responsible for the company, a list of documents authorizing a specific person to conclude such an agreement.
• The next point is the subject of the contract, in this case transportation.
• Responsibilities and obligations of both parties. The company is responsible for ensuring that the cargo is transported safe and sound within the terms specified in the contract. And the hiring company undertakes to pay the cost of transportation specified in the contract.

The following concepts are also described in detail:

• The exact date and time of loading of the goods, the signature of the parties that the goods were loaded on time.
• The address where loading takes place, the name of the organization and specific persons responsible for the timely placement of the cargo.
• The address where the goods are unloaded, with the exact name and names of authorized persons.
• The transportation route agreed upon when concluding the agreement.
• A complete description of the product indicating all forms and characteristics: weight, quantity, packaging form, etc.
• Characteristics of the vehicle used to deliver the cargo.
• The full cost of the service will be indicated upon completion of delivery.
• All terms of payment after delivery are described: cash or bank transfer, as well as the option of installment payment, if one was considered.
• Specific delivery times.
• A complete description of the transport provided for the transportation of cargo, including the driver’s details with all the necessary documentation.
• Additional conditions for transportation by road, specifying certain conditions from the contract.

The contract for the transportation of goods combines a standard version with specific clarifications characteristic of this type of activity. It is worth noting that some vehicles involved in the transportation of goods have special rules and regulations, so this must be taken into account when concluding a contract.

What does a contract for the carriage of goods by road look like?

The contract for the road transport of goods is concluded after discussing all the nuances included in the final version of the document. The scope of such a document contains an accurate description of the goods being transported and the vehicle used to deliver it to the final destination.

The application form for the carriage of goods must contain complete information about the goods being transported, otherwise the carrier may have problems with delivery. The application form for cargo transportation must be supplemented with certain documents and certificates. The contract for the carriage of goods by road should be drawn up extremely carefully, especially with regard to delivery times. After all, unforeseen circumstances may arise, including technical failure. Therefore, before sending the goods, the vehicle should be subjected to a thorough technical inspection.

Before you begin concluding a contract, you must carefully consider all the conditions included in the final version of the document, so that no controversial situations arise later. Both the hiring company and the cargo carrier must stipulate specific dates for loading, delivery, and responsibility for non-compliance with contractual terms.

Contract for the carriage of goods by road (click on the picture to enlarge the size)

(Click on the picture to enlarge the size)