Contract of carriage of goods

An agreement governing relations regarding the movement of goods or people using a vehicle.

Forms and procedure for concluding an agreement

The cargo transportation contract is drawn up according to the rules of Chapter 40 of the Civil Code of the Russian Federation.

The parties to the agreement are:

• Carrier is the party that undertakes to transport and deliver the goods (cargo) to the specified address and hand it over to the recipient.
• Shipper is a person who undertakes to pay for cargo transportation services.

The sender of the cargo can be either an individual or an organization. However, cargo transportation can only be carried out by a legal entity that has a license for this type of service.

The sender issues the carrier a waybill or other document for the cargo specified in the Transport Charter. The issuance of an invoice confirms the conclusion of the contract (clause 2 of Article 785 of the Civil Code of the Russian Federation).

According to Article 785 of the Civil Code of the Russian Federation, the carrier organization assumes obligations to deliver the cargo to the destination and transfer to the addressee, as well as safety during transportation, loading and unloading of the goods.

If a one-time service for transporting things is needed (apartment or office moving), then a one-time contract for the carriage of goods is concluded (Article 785 of the Civil Code of the Russian Federation).

If permanent cooperation is necessary, an agreement on the organization of transportation is drawn up (Article 798 of the Civil Code of the Russian Federation).

An agreement on the transportation of goods by road is drawn up in the following ways:

• Registration of a waybill.
• Drawing up a transportation contract and application.

Registration of a delivery note

The waybill (TN) is a confirmation of the application for the provision of goods transportation services. The TN is filled out by the sender of the cargo; after the parties have signed the contract for the carriage of goods by road, it is considered concluded. Without registration of the TN, the carrier does not have the right to accept the cargo. The consignment note is drawn up for 1 or more shipments in triplicate.

Drawing up a transportation contract and application

One-time contract for the carriage of goods. A contract of carriage can be drawn up by sending an application to the carrier (Article 5, Article 8 of Federal Law No. 259). The application is an addition to the main contract for the organization of cargo transportation and is not an independent contract of carriage.

The application contains all the necessary information about transportation and is small in volume. Compiled in the form of a table where all service parameters are indicated.

Conditions of transportation

Each specific type of cargo and its route has its own rules. The terms of the contract of carriage depend on the type of transport. In the case of road transport, they are guided by the Road Transport Charter, as well as the Rules for the Transportation of Goods by Road (RPGAT).

The contract for the carriage of goods specifies: the type of transport service, terms of provision of transport and terms of delivery of goods, cost of freight, methods of payment, address of the point of departure and destination, information about the goods.

is a written commercial document that regulates the relationship between the shipper and the carrier. The result of the execution of the contract of carriage is the delivery of cargo to a specific address.
The relationship between the shipper and the cargo carrier can be built on either long-term cooperation or be one-time in nature. In the case of a one-time transportation of goods, the contract may be concluded in the form of an order to the carrier for the delivery of goods. If the cooperation is long-term, then if there is a transport contract, cargo transportation is carried out according to the customer’s requests.

Mandatory documents when concluding a contract for the carriage of goods are:

For the Customer:

• document confirming ownership of the cargo;
• cargo safety document;
• document confirming the cargo’s compliance with norms and standards.

For the Carrier:

• a copy of the organization's constituent document;
• a copy of the license for cargo transportation;
• documents confirming ownership (rental agreement, leasing agreement, etc.) for vehicles;
• documents for drivers (driving license, medical report).

To avoid delays in cargo delivery, the driver must have with him a set of documents specified by the legislation of the Russian Federation. In the absence of the necessary documents, in the event of an inspection by regulatory authorities, the carrier’s actions may be considered illegal.

Accompanying documents for cargo transportation

Driver documents:

• Driver's license
• Driver's medical record
  When transporting food products. Contains information about the driver's medical examinations.
• Power of attorney to drive a vehicle
  If management is carried out on the basis of a power of attorney
• Copy of the employment contract
  If the vehicle belongs to the company.
• OSAGO policy.

Vehicle documents:

• Waybill
  Contains information about the vehicle, the owner of the vehicle, and information about the driver. Issued and filled out by the carrier company.
• Vehicle passport
• Inspection coupon
• Vehicle health certificate
  When transporting food products. Contains information about vehicle sanitation.

Cargo documents:

• Waybill (Bill of Lading)
  The TTN contains information about the vehicle, the driver, the route and the cargo being transported. If the buyer and the cargo carrier are one person, then only the invoice is drawn up. The document is drawn up by the shipper.
• Transportation contract
  The document serves as confirmation of the fact of transfer of cargo to the carrier.
• Power of attorney for cargo delivery
  The document is required for urgent delivery when the contract is being finalized. The power of attorney is issued by the shipper.

Additional documents:

• Packing list
  A clarifying document in cases where the consignment note does not contain a complete list or complete information about the cargo being transported.
• Certificates of Conformity
  Required for some types of food. Certificates must be obtained from accredited product certification centers.
• Veterinary certificate
  For processed livestock products. The certificate can be obtained from regional veterinary laboratories.

Sample contract for the carriage of goods

Contract for the carriage of goods No. ...........

G. ……………………."…." …………..….. 20 … g.

We, ...……………………………………………..………………….…….…………………,
Hereinafter referred to as the “Carrier”, represented by ………………..………………..…..…….….

…………………………………………………..………..……………………...…………………
(position, full name)
acting on the basis …………..……….……………...…………………………………

on the one hand, and.…………..……………………………………..……………………………,
(name of enterprise, organization, individual entrepreneur)
hereinafter referred to as the “Customer” represented by...……..…………………..………………………

……………………….……………………………………………, acting on the basis
(position, full name)
…………………………………..…………………………………………………..……………...
on the other hand, (together the “Parties”) have entered into this Contract of carriage about the following:

1. The Subject of the Agreement

1.1. In accordance with the terms of this agreement, the Carrier undertakes to transport the Customer’s goods, and the Customer undertakes to promptly pay for the services provided by the Carrier in accordance with the Carrier’s tariffs in effect on the date of transportation of the goods.
1.2. Transportation of the Customer's goods is carried out according to the cargo transportation plan approved by the Parties, which is an integral part of this agreement.
1.3. Transportation of goods is carried out on the basis of the Customer’s requests provided to the Carrier in a manner agreed upon by the Parties.
1.4. Loading at the place of receipt of the cargo is carried out by …………………………... and at its expense.
1.5. Unloading of cargo at the destination point is carried out by ………………………... and at its expense.

2. Contract amount and payment procedure

2.1. The amount of the contract is ……………………………………………………………...……… and is
(according to the carrier's tariffs / is negotiable)
……………………………………...…………………………………/...…..…..……...rubles.
(in words and numbers)
incl. ………………..% VAT.
2.4. Payment for work performed by the Customer is made by preliminary transfer of funds to the Carrier's bank account.
2.5. The Customer's payment obligations are considered fulfilled from the moment funds are written off from his current account.
2.6.. Costs for additional services not provided for in this agreement are paid by the Customer upon presentation by the Carrier of supporting documents.
2.7. Documents confirming the performance of services are approved applications, waybills signed by the Customer, receipts and certificates of additional work and services.
2.8. Tariffs for the transportation of goods and other services may change due to changes in the costs that form the cost of transportation.
2.9. The basis for the transfer of cargo to the Carrier are the following documents: a properly executed consignment note of the established form; waybill certified by the seal of the Carrier; identification documents of the Carrier.

3. Rights and obligations of the parties

3.1. The carrier is obliged:
- carry out cargo transportation based on the Customer’s requests;
- notify the Customer of the impossibility of fulfilling his application within …………… after its receipt. Otherwise, the application is considered accepted for execution;
- ensures timely delivery of vehicles for loading at the point specified by the Customer;
- do not allow vehicles to idle beyond the established time limits for loading and unloading cargo;
- provide for loading serviceable vehicles suitable for safe transportation of the cargo specified in the application and meeting sanitary requirements;
- deliver the Customer’s cargo to the destination within the time period established by the Parties;
- ensure the safety of cargo during transportation;
- transfer the cargo to the consignee according to the accompanying documents.

3.2. The carrier has the right:
- independently determine the type of vehicles and their number for transportation, in accordance with the type of cargo;
- check the condition of the container (packaging) of the cargo before loading for suitability for transportation;
- refuse to transport the cargo, the state of the container (packaging) of which does not guarantee its safety during transportation;
- refuse to transport cargo without a completed consignment note and other accompanying documents for the cargo;
- change the current tariffs by notifying the Customer in writing no later than ………….. days in advance.

3.3. The customer is obliged:
- submit an application for cargo transportation no later than …………………… before the vehicle is submitted for loading;
- ensure the preparation of cargo (pack, container, label, etc.) for transportation;
- timely prepare and properly execute in the prescribed manner waybills and accompanying documents for the cargo;
- issue a pass to the Carrier for the right to travel to the place of unloading of goods.

3.4. The customer has the right:
- before loading, check vehicles for suitability for transporting the given cargo;
- refuse submitted vehicles unsuitable for transporting cargo;
- to accompany the cargo by the Customer's forwarder.

3.5. A waybill certified by the seal of the Carrier, upon presentation by the driver-forwarding agent of a document proving his identity, is the basis for his receipt of the cargo and the assumption of financial responsibility by the Carrier during transportation.

4. Responsibility of the parties.

4.1. If the Customer withdraws his application before ……… o'clock on the day preceding the date of its execution, the Carrier is obliged to return the money paid with the deduction of …. ……% of the amount paid.
4.2. The Carrier is obliged to compensate the Customer for losses arising as a result of shortages, damage to goods during transportation or as a result of improper fulfillment by the Carrier of the terms of this Agreement.
4.3. For violation of the payment deadline, the Customer pays a penalty in the amount of ………. % of the payment amount for each day of delay.
4.4. The Carrier pays the Customer a penalty for late delivery of goods in the amount of ………. % of the payment amount for each day of delay.
4.5. If there are no marks on special precautions in the waybill or distortion of information about the properties of the cargo, the Customer shall pay a fine of twenty percent of the payment amount.
4.6. For idle time of vehicles during loading or unloading, due to the fault of the Customer, he shall pay a fine in the amount of ………………..………. for every full hour of downtime.
4.7. Payment of a penalty (penalty, fine) does not relieve the Parties from the obligation to fulfill their obligations arising from this Agreement.
4.8. Measures of property liability of the Parties not provided for in this agreement are applied in accordance with the current norms of the legislation of the Russian Federation.

5. Duration of the contract

5.1. This agreement comes into force on ……………………………..………….…... (date or event of the commencement of the agreement)
and is valid until …………………………………………………………..………….…...
(date or event of contract expiration)

6. Grounds and procedure for termination of the contract

6.1. This Agreement may be terminated by mutual agreement of the Parties, as well as unilaterally at the written request of one of the Parties on the grounds provided for by this Agreement and the current legislation of the Russian Federation.
6.2. Termination of the Agreement unilaterally is carried out only upon written notification of one of the Parties indicating the reasons for termination of the Agreement.
6.3. The party that received notice of termination of the Agreement is obliged within ………………. calendar days, express your position and proposals in writing.

7. Dispute resolution

7.1. The parties will strive to resolve all possible disputes and disagreements that may arise under this agreement through negotiations.
7.2. Disputes that are not resolved through negotiations are referred to the court in the manner prescribed by the current legislation of the Russian Federation and the Charter of Automobile Transport.

8. Force majeure

8.1. Neither Party will be liable for complete or partial failure to fulfill any of its obligations if the failure is a direct consequence of circumstances of an insurmountable (force majeure) nature beyond the control of the Parties that arose after the conclusion of the Agreement.
8.2. Force majeure circumstances under the Agreement are: military actions, strikes, regulations of the legislative and executive authorities, fires, lightning, storms, floods, earthquakes, and other natural disasters.
8.3. Notification of the occurrence of Force Majeure shall be sent to the other Party within ………………. calendar days with the provision of supporting documents issued by the competent authorities.

9. Final provisions

9.1. Any changes and additions to this Agreement are valid provided they are made in writing.
9.2. The Agreement is drawn up in two original copies having equal legal force, one copy for each party.

Application:
1.Cargo transportation plan.
2. Tariffs for transportation and loading and unloading operations.

Addresses and details of the parties

CarrierCustomer
Address: ………………………………….Address: ………………………………….
(legal and factual) (legal and factual)

……………………………………….… ………….………………………………
(bank details)(bank details)
……………………………………….… ………….………………………………
……………………………………….… ………….………………………………
(full full name) (full full name)
……………………………………….…………….………………………………
(signature)(signature)
“……” …………………. 20….. “……” …………………. 20….. g.
m.p.m.p.

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

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

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

AGREEMENT FOR CARRIAGE OF CARGO

N. Novgorod

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

1. THE SUBJECT OF THE AGREEMENT. CARRIAGE FEE

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

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

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

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

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

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

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

2. OBLIGATIONS OF THE PARTIES

2.1. The client is obliged:

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

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

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

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

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

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

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

2.3. The carrier is obliged:

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

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

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

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

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

3. SUPPLY OF VEHICLES. LOADING AND UNLOADING CARGO

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

4. RESPONSIBILITY OF THE PARTIES FOR VIOLATIONS OF TRANSPORTATION OBLIGATIONS

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

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

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

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

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

1) force majeure;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

If cases of force majeure (force majeure) occur.

6. FINAL PROVISIONS

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

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

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

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

Carrier: IP Borisov N. A.

Legal Address: 603079, N. Novgorod,

St. Dezhneva, 3, apt. 19

Fak. Address: 603051, N. Novgorod,

Etc. Geroev, 1, office 5

TIN 525909763735

OGRNIP 307525916500043

r/s 40802810323500000217

Contract for the carriage of goods sample 2019-2018 free download standard form example form

Agreement

cargo transportation

______________________ “___” ____________ 2019

Represented by _____________________, acting on the basis of _____________________, hereinafter referred to as the Carrier", on the one hand, and _____________________ represented by _____________________, acting on the basis of _____________________, hereinafter referred to as the "Carrier", on the other hand, hereinafter referred to as the "Parties", have concluded this an agreement, hereinafter referred to as the “Agreement”, on the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The carrier undertakes to accept within the established time frame, and the cargo owner – to present for transportation cargo in the specified volume. Transportation of Cargo is carried out on the basis of oral requests from the Customer, submitted within the period established by this Agreement, along routes agreed upon by the Parties. Description of the Cargo (name, quantity, packaging, dimensions, hazard class, if necessary), quantity of Cargo, loading date, consignor, consignee, their addresses and contact numbers, place of loading, Cargo delivery time, cost are determined separately for each transportation by issuing waybills which are an integral part of this agreement.

1.2. Cargo transportation is carried out by road.

1.3. The shipper, in accordance with the norms of current legislation, draws up and submits to the Carrier a waybill, filled out in accordance with the rules for transporting goods by road.

1.4. The carrier fulfills its assumed responsibilities on its own, without the involvement of third parties.

2. RIGHTS AND OBLIGATIONS OF THE CARRIER

2.1. The carrier is obliged:

2.1.1. Promptly begin providing cargo transportation services. If it is impossible to fulfill the application, the Carrier is obliged to notify the Shipper of this within ________ business day(s) from the date of receipt of the application.

2.1.2. Ensure timely delivery to the Shipper of vehicles in good condition and suitable for transportation within the agreed time frame. Ensure the acceptance of the Cargo from the Consignor, as well as its delivery to the Consignee in accordance with the rules of cargo transportation in force in the territory of the Russian Federation.

2.1.3. Notify the Shipper about any deficiencies found in the information received, and if the information is incomplete, request the necessary data from the Shipper.

2.1.4. Properly notify the Shipper of the end of transportation. Provide the necessary documentation (waybills).

2.2. The Carrier has the right to demand from the Shipper documents and other information about the properties of the cargo, the conditions of its transportation, as well as other information necessary to fulfill the obligations provided for in this agreement. If the Shipper fails to provide the necessary information, the Carrier has the right not to begin performing the relevant duties until such information is provided.

2.3. The Carrier is obliged to deliver the Cargo to the destination within the time period specified by the Shipper’s application.

3. RIGHTS AND OBLIGATIONS OF THE SHIPPER

3.1. The shipper is obliged:

3.1.1. Submit an application to the Carrier no later than ________ business days before the shipment deadline.

3.1.2. Provide the Carrier with the Cargo for transportation at the place and within the time specified in the application and the waybill.

3.1.3. Issue a power of attorney to the Carrier, if it is necessary to perform his duties, provide the Carrier with information about the properties of the Cargo, the conditions of its transportation, as well as other information necessary for the Carrier to fulfill the obligations provided for in this agreement.

3.1.4. Reimburse the Carrier for all expenses incurred in connection with the execution of this agreement, as well as pay for the delivery of the Cargo in the amount and on time specified in this agreement and invoices.

3.1.5. The shipper is obliged to 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.

3.1.6. The cargo is considered not presented for transportation by the Shipper in the following cases:

1. presentation of the Cargo for transportation late;
2. presentation for transportation of Cargo sent to a destination other than that established by the contract for the carriage of Cargo;
3. presentation for transportation of Cargo not provided for in the Agreement;
4. non-compliance of the condition of the Cargo presented for transportation with the requirements established by the rules for the transportation of goods, and the failure of the Shipper to bring the Cargo into compliance with the specified requirements within the period agreed with the Carrier.

3.1.7. For failure to present the cargo for transportation as provided for in the Agreement and the waybills, the Shipper shall pay the Carrier a fine in the amount of ________% of the fee established for the carriage of the Cargo. The Carrier also has the right to demand from the Shipper compensation for losses caused to him in the manner established by the legislation of the Russian Federation.

3.2. The shipper has the right:
3.2.1. Require the Carrier to properly perform its duties.
3.2.2. Demand compensation for damage caused by the Carrier’s unlawful actions.

3.2.3. Terminate the Agreement in the cases provided for by law and this Agreement.

4. LOADING AND UNLOADING CARGO

4.1. Loading is carried out by the forces and means of the Shipper at the expense of the Shipper.

4.2. Unloading is carried out by the forces and means of the Consignee at the expense of the Consignee.

4.3. The equipment necessary for loading, unloading and transporting the Cargo must be provided and installed on the vehicle by the Shipper and removed from the vehicle by the Consignee.

4.4. Sealing of vehicles and containers is not carried out.

5. DETERMINATION OF LOAD MASS

5.1. Cargoes are accepted for transportation with the weight of the cargo and the number of cargo pieces indicated in the waybills. The weight of the goods is determined by the Shipper before presenting them for transportation. The procedure for determining the mass of cargo is established by the rules of cargo transportation.

5.2. An entry in the waybill about the weight of the cargo, indicating the method of determining it, is carried out by the Shipper.

5.3. The weight of the cargo is determined by the Shipper in the presence of the Carrier, and if the point of departure is the Carrier's terminal, by the Carrier in the presence of the Shipper.

6. PROCEDURE AND TIMELINES FOR TRANSPORTATION

6.1. The procedure and terms for the transportation of goods are determined by the Parties separately in the waybills, which are an integral part of this agreement.

6.2. The Carrier is obliged to deliver the Goods within the established time frame.

6.3. The Carrier is obliged to inform the Shipper and the Consignee about the delay in delivery of the Cargo.

7. RELEASE OF CARGO

7.1. The Carrier is obliged to deliver and release the Cargo to the Consignee at the address indicated by the Consignor in the consignment note, and the Consignee is obliged to accept the Cargo delivered to him.

7.2. If, due to damage (deterioration) of the Cargo during transportation, the possibility of using the Cargo for its intended purpose is excluded, the Consignee has the right to refuse to accept the Cargo.

7.3. If the Consignee refuses to accept the Cargo for reasons beyond the control of the Carrier, the latter has the right to return the Cargo to the Consignor with appropriate prior notification.

7.4. The costs of transporting the Cargo when it is returned or re-addressed are reimbursed at the expense of the Shipper.

7.5. The procedure for checking the weight of the Cargo and the number of packages when issuing the Cargo to the Consignee at the point of destination must correspond to the procedure for checking the weight of the Cargo and the number of packages when accepting the cargo from the Shipper at the point of departure.

7.6. Delivery of cargo by the Carrier at the destination with mandatory verification of the weight, condition of the cargo, and the number of packages is carried out in the following cases:

1. delivery of cargo in a covered vehicle or container accepted for transportation without seals;

2. delivery of cargo in a faulty vehicle body, container or in a working body,

container, but with damaged shipper's seals.

7.7. The Carrier releases the Cargo in containers or packaging with checking the weight and condition of the Cargo only in case of damage to the container or packaging. If damage to the container or packaging is detected, as well as in the presence of other circumstances that may affect the change in the condition of the Cargo, the Carrier is obliged to check the weight and condition of the Cargo located in the damaged container or packaging.

7.8. The shortage of cargo from one Consignor to one Consignee and delivered in a technically sound vehicle without signs of cargo shortage is determined based on the results of checking the entire batch of simultaneously issued cargo.

7.9. If, when checking the weight, condition of the Cargo, and the number of packages at the destination, a shortage or damage (spoilage) of the Cargo is discovered, the Consignee and the Carrier are obliged to determine the amount of the actual shortage, damage (spoilage) of the Cargo.

7.10. If it is necessary to conduct an examination to determine the amount of actual shortage, damage (spoilage) of the Cargo, the Consignee, either at his request or on his own initiative, the Carrier invites experts in the relevant field. The results of the examination carried out without notification to the Carrier or the Consignee are invalid. The costs associated with the examination are paid by the person who ordered the examination, with the subsequent attribution of costs to the person responsible for the shortage, damage (spoilage) of the Cargo.

8. COST OF SERVICES, PAYMENT PROCEDURE

8.1. Payment for each individual transportation of Cargo is made to the Carrier's bank account in the following order: an advance in the amount of ________% of the cost of work is transferred to the Carrier's bank account.

8.2. Upon completion of services, the Shipper issues to the Carrier a certificate of completion of work in 2 copies, a bill of lading in 1 copy, and an invoice for the work performed.

8.3. The shipper is obliged to sign the certificate of completion of work within ________ working days and give the Carrier one signed copy or send a reasoned refusal.

8.4. Final payment is made within ________ business days from the date of invoice by transferring funds to the Carrier's account.

8.5. In case of late payment, payment is made by collection.

9. RESPONSIBILITY OF THE PARTIES

9.1. In case of failure to fulfill or improper fulfillment of their obligations under this agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.

9.2. Each of the Parties that has caused damage to the other party by non-fulfillment or improper fulfillment of its obligations under this agreement is obliged to compensate the other party for the losses caused.

9.3. For failure to present the Cargo or failure to use the provided vehicles, the Shipper shall pay a fine to the Carrier in the amount of ________________________________________ rubles.

9.4. The Shipper shall reimburse the Carrier for all costs and losses associated with the provision of

false information.
9.5. For downtime of a vehicle due to the fault of the Shipper, the latter pays to the Carrier

a fine in the amount of _____________________________________________ rubles for each day of downtime.

9.6. If the payment terms stipulated by this agreement are violated, the Shipper

pays a penalty in the amount of________% of the unpaid amount for each day of delay.

9.7. The Carrier is responsible for failure to preserve the Cargo that occurred after it was accepted for transportation and before delivery to the Consignee, a person authorized by him, unless he proves that the loss, shortage or damage (deterioration) of the Cargo occurred as a result of circumstances that the Carrier could not prevent and the elimination of which he could not prevent. didn't depend.

9.8. Damage caused during the transportation of the Cargo is compensated by the Carrier:

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

10. DISPUTE RESOLUTION PROCEDURE

10.1. All disputes arising from this Agreement are subject to consideration by the Arbitration Court of __________________________.

10.2.1. In the event that, despite the provisions of clause 10.1 of this agreement, according to the current legislation, the dispute of the Parties cannot be considered in the Arbitration Court of the city ___________________________, since the dispute is subject to the jurisdiction of a court of General jurisdiction (both due to the participation of an individual in the case, and for any other reason), then such a dispute is considered according to the following rules:

10.2.1.1. A dispute within the jurisdiction of a court of General Jurisdiction and within the competence of a federal court of General Jurisdiction is subject to consideration in the district court of ____________________________.

10.2.1.2. A dispute within the jurisdiction of a court of General jurisdiction and falling within the competence of a magistrate’s court of general jurisdiction is subject to consideration by the appropriate magistrate of the relevant area, the territorial jurisdiction of which includes the following address: ________________________________.

11. OTHER CONDITIONS

11.1. This agreement may be amended, supplemented and terminated early by written agreement of the Parties.

11.2. The shipper has no right to assign his rights and obligations arising from this

Agreement, to third parties without the written consent of the Carrier.

11.3. All annexes and additional agreements to the agreement signed by the Parties are an integral part of it.

11.4. This agreement is drawn up in 2 copies having equal legal force, one copy each for the Carrier and the Shipper.

11.5. Facsimile copies of the agreement and appendices, amendments to it have the force of the original if there is an original seal of one of the Parties on them. In this case, the original copies are sent by the Parties to each other by mail within ________ days from the date of signing the relevant document.

11.6. This agreement comes into force from the moment it is signed by both Parties and is valid until they fully fulfill their obligations.

12. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

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

Features of document preparation

Legal regulation

Depending on the type of transport used to transport cargo, legal relations related to the transportation of cargo are regulated by other federal laws, such as transport charters and codes, for example:

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

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

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

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

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

Transportation executed in the form of a contract is concluded on the basis of civil law contracts and must contain:

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

Responsibilities of the parties under the contract

Current legislation provides for the responsibilities of the parties:

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

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

Completed sample document

AGREEMENT
cargo transportation

________________ "__"___________ 20___

_______________________________________________________________,
(name of the company transporting the goods)

hereinafter referred to as the “Carrier”, represented by _________________________

(position, full name)

(Charter, regulations)

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

hereinafter referred to as the “Sender”, represented by ________________________

____________________________________________________________________,
(position, full name)

acting on the basis __________________________________________,
(Charter, regulations)

on the other hand, have entered into this agreement as follows.

1. The Subject of the Agreement. Freight charge

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

other individual characteristics)

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

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

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

1.2. The conclusion of this agreement is confirmed by the preparation and issuance by the Carrier of a bill of lading (another document for the cargo) to the Sender.

1.3. The shipping fee is: ______________________

____________________________________________________________________.

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

____________________________________________________________________.

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

1.6. Work and services performed by the Carrier at the request of the Sender and not provided for in this agreement are paid for by the Sender by additional agreement of the parties.

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

2. Supply of vehicles. Loading and unloading cargo

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

2.2. The sender has the right to refuse submitted vehicles that are not suitable for transporting cargo.

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

____________________________________________________________________,

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

3. Responsibility of the parties for violation of transportation obligations

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

_____________________________________________________________________

____________________________________________________________________.

3.2. Agreements of the Parties to limit or eliminate the Carrier’s statutory liability are invalid, except in cases where the possibility of such agreements during the transportation of cargo is provided for by transport charters and codes.

3.3. The carrier for failure to provide vehicles for the transportation of goods within the period stipulated. of this agreement, and the Sender for failure to present the cargo or failure to use the provided vehicles bears the responsibility established by legal acts, as well as the following responsibility provided for by agreement of the parties: _________________________________________________

____________________________________________________________________.

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

____________________________________________________________________,

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

4. Carrier's liability for loss, shortage and damage to cargo

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

4.2. Damage caused during cargo transportation is compensated by the Carrier in the following amount:

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

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

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

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

5. Final provisions

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

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

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

5.3. The Agreement comes into force from the moment it is signed and is drawn up in _______ copies.

5.4. Addresses and bank details of the Parties.

Sender: ___________________________________________________

_____________________________________________________________________

Carrier: _____________________________________________________

_____________________________________________________________________

Sender Carrier

_____________________ _______________________