Contract of carriage. Templates and samples of documents used in the carriage of goods by road Subject of the contract for the carriage of goods by road

Cargo transportation can be carried out within the framework of urban, suburban, intercity and international traffic (part 1 of article 4 of ULTGNET).

At the same time, in appropriate cases, a contract for the carriage of goods or a charter contract for the carriage of goods is concluded. The most common in practice is the contract for the carriage of goods, which is drawn up by waybill.

The charter, unlike other transport laws, does not contain a definition of a contract for the carriage of goods. This position of the legislator is quite justified. It makes no sense to duplicate the definition of a treaty if it lacks any specific features.

Contract for the carriage of goods by car all the features characteristic of this type of contract are inherent. By its legal nature, it is real, mutual, reimbursable, urgent and formal. It belongs to the number of accession agreements, since the consignor joins the conditions proposed by the carrier and enshrined in the consignment note - a document that, in accordance with Part 1 of Art. 8 UATGNET confirms the conclusion of the contract. This contract may be public if the carriage of goods is carried out by public transport.

Subject of the contract transportation of goods by road has some features. In the earlier UAT of the RSFSR, the main requirement for a cargo transportation service was to carry it out along the shortest route open to road traffic. The exception was cases when, due to road conditions, transportation with an increase in mileage was more rational. In this case, the carrier had to notify the consignor of the increase in the transportation distance (Article 70). UATGNET contains only a provision on the service for the delivery of goods within the time limits established by the contract (part 1, article 14).

The service related to the storage of cargo consists in the fact that, as in other modes of transport, the carrier stores the cargo delivered to the terminal temporarily within a day from the date of sending a notice to the consignee about the delivery of the cargo. The peculiarity of this service lies in the determination of the maximum storage period (30 days), which is paid at the rate determined by the contract for the carriage of goods.

Parties to the agreement transportation of goods by road are the carrier and the consignor. Carrier - a legal entity, regardless of the organizational and legal form, or an individual engaged in entrepreneurial activities without forming a legal entity, who has assumed the obligation under the contract of carriage to deliver the goods to the destination. Unlike transportation by other modes of transport, the activities of the carrier for the carriage of goods by road are not licensed. Therefore, there is no mandatory requirement for other modes of transport for the carrier to have a license.

Shipper but the contract for the carriage of goods by road is an individual or legal entity that, under the contract, acts on its own behalf or on behalf of the owner of the goods and is indicated in the consignment note (clause 4, article 2 of UATGNET). Unlike transport sources that regulate transportation by rail and inland waterway transport, UATGNET does not contain a clause that the consignor can be an individual only when transporting cargo for personal (family) needs.

carrier obligations. The most important duty of the carrier in the carriage of goods is to comply with the terms of transportation. Delivery of cargo to the destination must be carried out within the time limits established by the contract for the carriage of goods. If they are not defined in the contract, the cargo must be delivered within the time limits established by the rules for the carriage of goods.

In accordance with paragraph 63 of the Rules for the carriage of goods by road, delivery of goods is carried out:

• a) in urban, suburban traffic - within a day;
• b) in long-distance or international communications - at the rate of one day for every 300 km of transportation distance.

The term of delivery of the cargo is calculated from 24 hours of the day of receipt of the cargo for transportation.

In the event of a delay in the delivery of cargo, the carrier must inform the consignor, consignee of this. The law establishes the maximum period of delay in the release of cargo, after which it is considered lost with the ensuing legal consequences. In part 3 of Art. 14 UATGNET states that, unless otherwise provided by the contract for the carriage of goods, the consignor has the right to consider the goods lost and demand compensation for damage if it was not issued to the consignee at his request:

• 1) within 10 days from the date of acceptance of the cargo for transportation in urban and suburban communications;
• 2) within 30 days from the day when the cargo was to be delivered to the consignee when transported in long-distance traffic.

The procedure established by law for the issuance of cargo upon delivery to its destination imposes a number of obligations on the carrier. The carrier must release the goods to the consignee at the address indicated by the consignor in the bill of lading.

If the consignee refused to accept the cargo for reasons beyond the control of the carrier, the latter has the right to deliver it to the new address indicated by the consignor, and if it is impossible to deliver the cargo to this address, return the cargo to the consignor. In this case, the carrier must notify him in advance of the return of the goods.

UATGNET qualifies the indication of a new address as a forwarding of cargo (Part 3, Article 15). However, the institution of cargo redirection, enshrined in transport legislation, has a completely different legal

kind. In accordance with transport laws, redirection means a change in the consignee and (or) destination at the initiative of the consignor or consignee. It includes, firstly, the submission of a written application by the consignor or consignee to change the consignee and (or) destination, and secondly, the receipt written consent new consignee.

In addition, redirection by the consignor is carried out until the moment the carrier hands over the consignment note to the consignee, and by the consignee - from the moment the consignment note is received until the moment the goods are released. The implementation of the above actions is a guarantee for the carrier that the new consignee will accept the cargo delivered to him.

There is none of this in a situation where the consignee refused to accept the cargo and the consignor, at the request of the carrier, is forced to indicate a new address for the delivery of the cargo. Therefore, it is no coincidence that in other transport laws, the actions of the consignor to dispose of the cargo (including sending it to another consignee), which the consignee refused to accept, are not referred to as redirecting the cargo. But redirection, as it is defined by other transport laws, did not find regulation in UATGNET.

The procedure for checking the weight of the cargo and the number of packages when issuing the cargo must correspond to the procedure for checking the weight of the cargo and the number of packages when receiving the cargo from the consignor at the point of departure. If the cargo is delivered in good covered Vehicle ah, containers, in the presence of serviceable seals of consignors, its issuance to the consignee is carried out without checking the mass, condition of the cargo, the number of packages. The UATGNET stipulates cases of issuance by the carrier of cargo with a mandatory check of its mass, condition and number of packages. These include: 1) delivery of cargo in a covered vehicle, a container accepted for transportation without seals; 2) delivery of cargo in a defective vehicle body, container or in a serviceable body, container, but with damaged seals of the consignor; 3) delivery of perishable goods in violation of the delivery period established by the contract for the carriage of goods, or the temperature regime during transportation established by the rules for the carriage of goods.

If during the release of cargo in a container or package, damage is found, as well as other circumstances that could affect the change in the state of the cargo, the carrier is obliged to check the weight, condition of the cargo in the damaged container or package. If a shortage, damage (spoilage) of the cargo is detected, the carrier is obliged to determine the amount of the actual shortage, damage (spoilage) of the cargo. If it becomes necessary to conduct an examination in order 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 initiator of the examination is obliged to notify the other party of the invitation of experts. Otherwise, the results of the examination will be considered invalid. The initiator is obliged to notify the other party in writing about the time of the examination, unless another form is provided for by the contract for the carriage of goods. If the carrier evades the call of experts, and also if the carrier or the consignee evades participation in the examination, the initiator has the right to conduct an examination without the participation of the evading party. Expert services are subject to payment. All expenses for the examination are paid by the person who ordered the examination. UATGNET provides for the subsequent attribution of these costs to the party guilty of shortage, damage (spoilage) of the cargo (part 15 of article 15).

The carrier's obligation to store cargo has its own characteristics: firstly, it is fulfilled if the cargo is delivered to its terminal; secondly, the law establishes a maximum storage period for cargo in the carrier's terminal, which is 30 days (part 2, article 16 of the UATGNET). Since this rule is dispositive in nature, the parties may provide for a different storage period in the contract of carriage. After the expiration of the deadline for storage of goods, the carrier sends a request to the consignor regarding his instructions regarding the goods. If the instructions are not received within four days after the shipper receives the request, the carrier has the right to return the goods to the shipper at his expense or sell the goods in the prescribed manner. As indicated in Part 4 of Art. 16 UATGNET, the sale of goods is carried out under a contract of sale, taking into account the price of the goods confirmed by documents, and in their absence, based on the price that, under comparable circumstances, is usually charged for similar goods, or at a price determined on the basis of an expert assessment. The proceeds, minus the payments due to the carrier related to the transportation and storage of cargo, as well as the costs of one hundred sales, are returned to the consignor. Usually it is transferred to the shipper's account indicated in the shipping documents.

After the unloading of the cargo is completed, the vehicle and the container are subject to cleaning. This responsibility rests with the consignee. In the case of the carriage of goods, the list of which will be given in the rules for the carriage of goods, the vehicle, container must be washed and, if necessary, disinfected. By agreement of the parties, the carrier can perform this work for a fee.

Obligations of the consignor, consignee. Regulation UATGNET of the duties of the consignor, consignee does not have significant features. The obligations of the shipper relate mainly to the issuance of the bill of lading and payment for the carriage of goods. By imposing on the consignor the obligation to correctly fill out the bill of lading, UATGNET, in contrast to UZhT and KVVT, more concisely formulates the requirements for its execution. They boil down to the indication of special marks in it or the precautions necessary for the transportation of cargo, accurate, without distortion, fixing information about its properties.

The Charter does not contain a rule establishing the procedure for payment by the consignor of services for the carriage of goods, therefore, the fulfillment of this obligation is based on the provisions of Art. 790 of the Civil Code and the terms of the contract for the carriage of goods.

As for the obligations of the consignee, one of them is to determine, together with the carrier, upon detection of the unsafety of the delivered cargo, the extent of its actual shortage, damage. If necessary, the consignee or at his request, the carrier invites experts to determine the amount of the actual shortage, damage to the cargo. The costs associated with the examination are paid by the person who declared, with the subsequent attribution of the costs to the person responsible for the shortage, damage to the cargo.

It is also the responsibility of the consignee to unload the cargo in compliance with the established standards. It is not allowed to delay vehicles and containers submitted for unloading. As already noted, after unloading the cargo, the vehicle, containers must be washed by the consignee and, if necessary, disinfected. The law allows this work to be performed by the carrier when paid by the consignee.

Contract time transportation of goods by road has no special features. Its regulation is dedicated to Art. 14 ULTGNET. It defines the actions of the carrier in case of non-compliance with the established deadlines. In case of delay in the delivery of cargo, he is obliged to inform the consignor, consignee about this. But unlike other transport laws, neither the UATGNET nor the Rules for the carriage of goods by road specify the time for reporting a delay, for example, in intercity transportation.

Contract form. The document confirming the conclusion of the contract for the carriage of goods by road is waybill. Its form, details and procedure for filling out are established by the rules for the carriage of goods. The front side of the bill of lading contains information related to the consignor, consignee, cargo, transport and transportation conditions. It indicates the names and addresses of the consignor, consignee, necessary data on the cargo, such as: name, weight, number of packages, as well as accompanying documents for cargo. In addition, there are marks on the acceptance and delivery of cargo indicating information about the places of loading and unloading and the actual date (and time) of arrival. As for the transport data, these are the consignor's instructions about its parameters.

The front side includes the following list of conditions of carriage:

• - the terms after which the consignor, consignee has the right to consider the cargo lost;
• – a form of notification of an examination to determine the nature of the damage and the value of the damaged cargo;
• - the amount of payment for the storage of cargo and the deadlines for its storage in the carrier's terminal;

the procedure for performing loading and unloading operations and works on washing and disinfection of vehicles;

- the size of the fine for failure to present transport for the carriage of goods, for delaying transport, for demurrage of specialized vehicles.

The reverse side of the consignment note contains the following data: 1) about the carrier: last name, first name, patronymic and address of the driver's place of residence, information about the location of the legal entity - the carrier; 2) about vehicles: quantity, type, brand, carrying capacity in tons, capacity.

It contains reservations and comments regarding the actual state of the cargo, containers, packaging, markings and seals. On the reverse side, the redirection of the cargo is noted, as well as the cost of the carrier's services and the settlement procedure, the date of preparation of the consignment note, the signatures and seals of the consignor, consignee, and carrier are affixed.

The obligation to complete the bill of lading rests with the consignor. For the purpose of unimpeded transportation of cargo, the law imposes on the consignor the obligation to attach to the consignment note the documents provided for by sanitary, quarantine and other rules in accordance with the requirements of the legislation of the Russian Federation.

As already noted, in established cases, the carrier also draws up an accompanying statement (part 3 of article 11 of the UATGNET). Its form and procedure for filling out are established by the rules for the carriage of goods.

• Previously, the transportation of goods by road transport with a carrying capacity of more than 3.5 tons was subject to licensing (see Article 17 of the Federal Law of 08.08.2001 No. 128-FZ "On Licensing Certain Types of Activities" in its original version).
• See, for example, Art. 31 UZhT, paragraph 2 of Art. 78 KVVT.

Contract for the provision of transport services

201__ St. Petersburg

Sole proprietor Maxim Nikitin acting on the basis of a certificate of state registration individual as an individual entrepreneur of series 78 No. 006959304, issued by the MINFS No. 15 for St. Petersburg on August 21, 2008, hereinafter referred to as "Executor", on the one hand and _______________________________ _____________________________________ , hereinafter referred to as "Customer", represented by ________________________________________________________________________________________________, on the other hand, have entered into this agreement as follows:

1. Subject of the contract.

In accordance with this Agreement Executor undertakes to carry out cargo transportation on its own transport, as well as loading and unloading operations on behalf of Customer, a Customer undertakes to pay for the provided transport services in the manner and within the time limits stipulated by the Agreement.

1. Rights and obligations of the parties.

2.1. Rights and obligations Customer:

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

2.1.2. Customer undertakes to promptly pay the rendered Contractor transport services.

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

2.2. Rights and obligations Artist:

2.2.1Executor undertakes to carry the goods Customer to carry out loading and unloading operations.

3.Cost of services and payment procedure.

3.1. The cost of services under this Agreement is _______________________________________

Rubles __________________ kopecks (without VAT tax) .

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

3.3. Payment for services CustomerContractor performed before/during/after completion of work.

4. Responsibility of the parties.

4.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation.

4.2. Customer responsible for late payment of rendered Contractor services in the amount 1% for each day of delay.

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

4.4. The Party for which the impossibility of fulfilling obligations under the Agreement has arisen is obliged to immediately notify the other Party of the occurrence or termination of the above obligations. Untimely notification of force majeure circumstances deprives the relevant party of the right to consider them as the reason for non-fulfillment of the terms of this Agreement.

5. Duration of the contract.

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

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

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

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

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

6. Details and signatures of the parties.

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

Often or not, but all entrepreneurs are faced with the need to transport goods, and, often, vehicles are 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 site. If you prefer to negotiate with a private trader, then you should take care of yourself correct compilation documentation, including contracts for the carriage of goods by road.

The contract of carriage regulates the relations that have arisen with the need to transport goods 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.

Keep in mind that you can send the goods, both physical and legal entity(or entrepreneur) carrier can only be individual entrepreneur or a commercial organization, because this requires a license for the right to transport goods.

The specificity of the carrier's services lies in the fact that he takes responsibility not only for the carriage of goods, but also for its safety, delivery to the consignee, unloading and loading, do not forget to note these obligations of the carrier in the contract.

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

• Civil Code of the Russian Federation Chapter 40. Transportation Art. 784 - art. 800.
• Civil Code of the Russian Federation Chapter 41. Transport expedition st801 - art. 806.
• Federal Law of June 30, 2003 N 87-FZ "On Forwarding Activities"

An important point of the contract of carriage is the period of carriage. The term refers to the time spent on the 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.

The prerequisite for concluding a contract of carriage is request, which should be formatted as Appendix to the contract.

Transportation of any cargo is processed consignment note (TTN). It contains all the necessary information about the cargo, consignor, consignee, driver and other accompanying information.

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

In turn, the customer assumes all the risks associated with unforeseen downtime of the carrier that arose through his fault, and is obliged to provide normal living conditions. Compliance with the standard terms of loading and unloading operations also lies with the customer, not the consignee, so this issue is best discussed in advance between the parties concerned. The contract should specify who is responsible for secure cargo securing, to avoid misunderstanding. In any case, downtime due to the fault of the customer must be paid at the rates.

There is a general rule: transfer of either side of the loading time less than 24 hours before the agreed period entails the penalties provided for in the contract, whether it be a repayment of the tariff or a percentage of the contract amount.

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

• original bill of lading with the consignee's mark on the acceptance of the goods;
• original invoice;
• certificate of completion;
• a receipt for the additional costs incurred by the carrier, agreed in writing by the parties;
• other documents stipulated by 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 ready for a negotiated method of resolving disputes, and the customer should provide the carrier with telephone communications for official use to promptly resolve the problems that have arisen.

agreement on road transport is signed between the sender of the cargo and the person who has the right to provide such services on the basis of a license.

In the agreement, the third party is the recipient of the goods, which is mandatory indicated in the agreement. And his signature is not required.

Peculiarities

In the process of signing the agreement, the size of the cargo and the type of transportation are taken into account.

Depending on the size of the cargo

In the process of signing the agreement, the size of the cargo is taken into account without fail, which can be:

• overall;
• or oversized.

Based on the information received about the size of the cargo, such features as:

• delivery period;
• type of road transport;
• itinerary.

Moreover, depending on the size of the cargo, the cost of providing services for the carriage of goods by road is also calculated.

Depending on the type of transportation

Having learned information about the size of the cargo, the contractor (carrier) offers to choose the most suitable type of transport, namely:

• passenger;
• onboard;
• van;
• wagon and so on.

Based on the selected vehicle, not only the route is calculated, but also the delivery period. For example, if we are talking about transportation by passenger cars, then the delivery period will be much shorter than when using a truck. In addition to the delivery period itself, the type of transport also affects the cost of providing services.

Sample

A contract for the carriage of goods implies a document that is the basis for cooperation between the shipper and the carrier.

It should display:

1. Subject of the agreement. The main service is considered by right to be the delivery of a certain cargo to the address specified by the document. For specification, it is mandatory to indicate information about the cargo (its name, volume, total weight, and so on) that the addressee receives.
2. The period during which the carrier undertakes to deliver the goods. A clear timeline is almost a key condition of the agreement. If desired, it is possible to specify not only the period of receipt of the cargo, but also time marks along the route (for example, in the capital the car should be at 10 am, by lunchtime - in the region).
3. Service cost. For the provision of transport services, the carrier receives a financial reward, the amount of which is calculated on a purely individual basis. It also indicates the method of transferring funds, as well as the time period.
4. Rights, obligations, and responsibilities of each party. This section is key, it should contain all the nuances to avoid possible disputes in the future.
5. Other information that may be of no small importance. At the request of either party, additional conditions, requirements, and so on can be negotiated.
6. Mandatory indication of the details of each party that participates in the conclusion of the agreement, as well as the signatures of authorized representatives. Do not forget about setting the seals of both companies (carrier and consignor).

In a situation where there is an urgent need to specify the agreement in the process of providing transport services, it is necessary to conclude an additional agreement, which indicates all the modifications.

Key conditions

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

1. Maximum service period. If for some reason the driver of the vehicle is unable to deliver the goods within the agreed time frame, then penalties cannot be charged only if the circumstances arose through no fault of his. Such situations include bad weather conditions, hostilities, possible terrorist attacks, and so on. The list must be fully disclosed in the contract.
2. Payment method and maximum period. The same item also includes the waiting period for loading / loading cargo, for which payment is charged additionally.
3. Vehicle route. If this clause was left without attention by the contract, then the driver is obliged to follow the shortest route.
4. Type of vehicle. The brand, model of transport that will deliver the goods is indicated. must necessarily be corrected and have a clean and well-groomed appearance. If this has not been observed, the customer has the right to demand a replacement vehicle.
5. Safety of transported cargo. In the agreement, the best option would be to display all the nuances that are associated with the loading, securing, unloading of cargo. Be sure to indicate the initials of the responsible person and the punishment for the identified errors in a particular case.

Rights and obligations of each party

The company that sends the goods is obliged:

• within the agreed period, by agreement, provide the necessary cargo, which must be in a safe container, according to its dimensions;
• provide the driver of the vehicle with all the necessary accompanying documents filled out in accordance with the current legislation of the Russian Federation (if necessary, it is necessary to pay for the demurrage of the car, if this was not the fault of the driver or the contractor's company);
• ensure the fastest possible loading / unloading of cargo.

In turn, it is necessary to indicate the rights of the consignor, namely:

• personally monitor the process of unloading / loading, including the transportation of cargo, including performing other actions stipulated by the signed agreement;
• demand financial compensation if the damage was caused through the fault of the carrier.

The shipper must bear a responsibility:

• for a possible delay in the loading / unloading process, customs clearance in the form of penalties;
• for issuing the necessary package of documents with errors or indicating the erroneous name of the cargo (financial compensation for damage caused to the cargo is also included in this category).

The contractor (represented by the carrier or company) must:

• provide within the agreed periods the preferred vehicle for the carriage of goods in the appropriate form and in full working order;
• to deliver the goods to the specified address and on time;
• to control the safety of the entrusted cargo;
• if there are any circumstances, immediately notify the customer about this (for example, the goods are delayed until the circumstances are clarified, or the car is idle due to difficult climatic conditions).

The contractor (represented by the carrier) has the full right to:

• to fully control the process of loading / unloading cargo;
• require the necessary mark in the accompanying documents on the performance of their part of the contract;
• claim compensation for damages for the demurrage of the vehicle.

In turn, the responsibility of the performer is as follows:

1. Full responsibility for the failure of the agreed periods of delivery of the goods (with the exception of the above circumstances). According to the legislation of the Russian Federation, liability consists in the imposition of penalties in the percentage determined by this agreement.
2. For the complete safety of the entrusted cargo along the entire route of the car.

Conclusion process

An agreement on the provision of transport services for the delivery of goods is drawn up in the following order:

1. The customer forms and submits for consideration an application in writing, about the need to deliver the goods to a specific address, indicating the preferred route and the maximum time period.
2. Based on the generated application, the contractor, represented by the carrier, calculates the cost of providing such a service and approves it with the customer.
3. Further, all additional nuances are discussed by the parties, and a preliminary agreement is signed.
4. At the last stage, the main cooperation agreement is signed.

Required list of documents

To sign an agreement on the carriage of goods by road, the contractor must prepare:

• original and copy of the company;
• the original and a copy of the license confirming the right to provide such a service;
• originals and copies of documents that can confirm ownership of the car (there may be a title, vehicle registration certificate, rental agreement, and so on);
• originals of the driver's driver's license confirming his qualifications in the form of driving experience, including the need to prepare a medical report.

The customer himself must prepare such main list of documentation, how:

• originals and copies of all constituent documents;
• any documents that can confirm the ownership of the transported cargo, including documentation confirming its dimensions, safety, standards, and so on.

On the basis of an agreement signed between the customer and the contractor, the driver of the vehicle that transports the goods will be provided with a consignment note, which will become the basis for legal transportation.

One of the parts of the consignment note should contain the basic information under the agreement, the other part should contain information about the cargo being transported.

When the agreement is considered to have entered into force

The moment when the signed agreement is considered as such, which has entered into legal force, is calculated according to the agreements reached between the parties.

These include:

• the date the contract was signed;
• the time of unloading / loading the cargo, including the provision of the consignment note to the driver.

If this nuance is not provided for by the agreement, then the date of its entry into legal force is the time of signing.

An agreement for the provision of transport services for the carriage of goods is considered a key document. For this reason, it must necessarily contain all the necessary information in full, in order to avoid possible misunderstandings with each of the parties in the future.

Read more about the transportation of goods by road - in this video.

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

Features of compiling a document

Legal regulation

Depending on the type of transport used for the carriage of goods, legal relations related to the carriage of goods are regulated by other federal laws as instilled by transport statutes and codes, for example:

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

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

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

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

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

Transportation, drawn up in the form of a contract, is concluded on the grounds for 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 goods.
• The services provided by the carrier may include not only the delivery of goods to the destination, but also the conditions for loading, unloading, storage, and delivery to the proper recipient -.
• Transportation period. According to if the transport charters and codes do not specify a period for the carriage of goods, then the goods must be delivered within a reasonable time.
• Rights and obligations of the parties.
• The freight charge due to the carrier for the performance of the contract of carriage. According to Art. - of the Civil Code of the Russian Federation, the carrier has the right to detain the sender's cargo if he did not pay for its transportation.

Responsibilities of the parties under the contract

The current legislation provides for the responsibility of the parties:

• In case of violation of obligations for transportation -.
• For non-delivery of the vehicle, responsibility lies with the carrier, and for non-use of the submitted transport, the sender is responsible. The exception is cases if this happened as a result of a natural disaster, force majeure, or restriction or complete cessation of the carriage of goods in certain directions, in the manner prescribed by the current transport charter or code.
• For the loss, damage or shortage of cargo, the responsibility lies with the carrier, if he fails to prove that this happened 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 a fee paid to the carrier for the carriage of the cargo.

A pre-trial procedure for resolving a dispute is provided, namely, bringing a claim to the carrier. The claim is brought only after the refusal of the carrier 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

CONTRACT
cargo transportation

________________ "__" ___________ 20___

_______________________________________________________________,
(name of the company carrying 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 concluded the present 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 personal characteristics)

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

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

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

1.2. The conclusion of this agreement is confirmed by the drawing up and issuance by the Carrier to the Sender of a waybill (another document for the cargo).

1.3. The shipping charge is: ______________________

____________________________________________________________________.

1.4. Carriage of cargo is paid in the following terms and in the following order: __________________________________________________

____________________________________________________________________.

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

1.6. Works and services performed by the Carrier at the request of the Sender and not provided for in this contract shall be paid by the Sender upon additional agreement of the parties.

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

2. Submission of vehicles. Loading and unloading cargo

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

2.2. The sender has the right to refuse submitted vehicles that are not suitable for the carriage of goods.

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

____________________________________________________________________,

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

3. Responsibility of the parties for violations of transportation obligations

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

_____________________________________________________________________

____________________________________________________________________.

3.2. Agreements of the Parties on the limitation or elimination of the Carrier's statutory liability are invalid, except in cases where the possibility of such agreements in the carriage of goods is provided for by transport charters and codes.

3.3. The carrier for failure to provide vehicles for the carriage of goods within the time period stipulated. of this agreement, and the Sender shall bear the liability established by legal acts, as well as the following liability stipulated by the agreement of the parties for failure to present the cargo or non-use of the submitted vehicles: _________________________________________________

____________________________________________________________________.

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

____________________________________________________________________,

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

4. Liability of the Carrier 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 its release 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 him.

4.2. Damage caused during the carriage of goods shall be compensated by the Carrier in the following amount:

• in case of loss or shortage of cargo - in the amount of the value 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 the declaration of its value - in the amount of the declared value of the cargo.

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

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

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

5. Final provisions

5.1. Prior to 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 by ___________________________________________________________.
(name of transport charter or code)

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

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

5.3. The Agreement comes into force from the moment of its signing, drawn up in _______ copies.

5.4. Addresses and bank details of the Parties.

Sender: _________________________________________________

_____________________________________________________________________

Carrier: __________________________________________________________

_____________________________________________________________________

Sender Carrier

_____________________ _______________________