1.1. Under this agreement, the Carrier undertakes to deliver the cargo entrusted to him by the Sender in the amount of , hereinafter referred to as “Cargo”, to the following destination: , deliver the cargo to the Recipient, and the Sender undertakes to pay the fee established by this agreement for the carriage of goods.
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 fee for transportation of goods is: rubles.
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.
2.1. 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.
3.1. In case of non-fulfillment or improper fulfillment of transportation obligations, the Parties bear liability established by the Civil Code of the Russian Federation, 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 established by law The Carrier's liability is 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 provided for in clause 2.1. 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 supplied vehicles, if this occurred due to:
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:
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 non-preservation of the cargo (commercial act, act general form 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 the circumstances that may serve as the basis for liability of the Carrier, Sender or Recipient of the cargo.
5.1. Before filing a claim against the Carrier arising from the carriage of goods, the Sender (Recipient) is obliged to present a claim to him in the manner prescribed.
5.2. In everything else not regulated by this agreement, the provisions of the Civil Code of the Russian Federation will be applied.
General provisions, conditions of conclusion and liability for violations related to the transportation of goods are regulated.
Depending on the type of transport used to transport cargo, legal relations related to the transportation of cargo are regulated by other federal laws, as instilled by transport charters and codes, for example:
These charters and codes provide for the specific regulation of transport operations provided for in certain types transport, and the contract for the carriage of goods is drawn up taking into account the features provided for each type of transport by current legislation.
In addition, if there is 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 contracts, and must contain:
Current legislation provides for the responsibilities of the parties:
Provided pre-trial procedure settlement of the dispute, namely bringing a claim to 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.
________________ "__"___________ 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.
1.1. 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 goods to the Recipient, and the Sender undertakes to pay the fee established by this agreement for the transportation of goods.
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.
2.1. 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.
3.1. 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)
4.1. 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:
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
5.1. 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
_____________________ _______________________
When someone needs to transport cargo over a certain distance, but their own capabilities do not allow it, they have to turn to third-party carriers.
With third parties to whom we, albeit temporarily, entrust our property, which is what happens when transporting cargo, it is necessary to draw up some papers that will indicate the legality of such actions and guarantee the participants the observance of their rights.
In such cases, a road transport agreement is suitable for transporting goods by road.
How to document transportation
Let us immediately note that when working with large carrier companies, cargo transportation is formalized through a standard transportation application agreement and does not require detailed consideration. You only need to fill out a ready-made contract form when meeting with a representative of the carrier. Let us dwell on the contract of road transport between private individuals - entrepreneurs or ordinary citizens.
The agreement most an important condition is a clear description of what the document is actually about. That is, it is required to indicate in sufficient detail by which person, from where and where, a certain cargo that belongs to a specific client will be delivered. The description of all the goods that need to be transported may not be included in the contract, if there are quite a lot of goods, in which case a link to a document describing the specific composition of the cargo is required. For example, we indicate that the carrier is obliged to deliver the goods to the customer according to the bill of lading.
Transportation costs money, so in the contract we indicate the amount of the carrier’s remuneration for the work. If this is not a fixed rate, be sure to indicate the payment procedure for services. Financial issues may not be limited to remuneration alone. If necessary, clauses on travel expenses, payment for fuel, repairs and other expenses of the carrier can be included in the road transportation agreement; everything is decided by the agreement of the parties.
When entrusting your cargo to a carrier, especially if you are dealing with a private person, it is a good idea to make sure that the driver accepting the cargo for transportation and the vehicle in which such transportation will be carried out have all Required documents and permissions.
Transportation by road transport is subject to the provisions of the law on the provision of paid services. Regulation of such relations and disputes regarding them takes place according to current laws, in accordance with the norms and provisions of the agreement itself. Moreover, the agreement of the parties is sometimes decisive. Enter into only such contracts that can provide you with reliable protection own rights in case of their violation.
Below is a standard form and a sample road transportation agreement, a version of which can be downloaded for free.
