Contract for the carriage of goods. Contract for the carriage of goods by road Contract for the carriage of a car between individuals

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 as an individual and as a legal entity (or entrepreneur), the carrier can only be an 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.

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

Treaty

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 "Consignor", on the other hand, hereinafter referred to as the "Parties", have concluded this agreement, hereinafter referred to as the “Agreement”, on the following:

1. THE SUBJECT OF THE AGREEMENT

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

1.2. Cargo transportation is carried out by car.

1.3. The consignor, in accordance with the norms of the current legislation, draws up and transfers to the Carrier a waybill filled in in accordance with the rules for the carriage of goods by road.

1.4. The carrier performs the assumed duties 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. Timely start providing services for the carriage of Cargo. If it is impossible to fulfill the application, the Carrier is obliged to notify the Consignor of this within ________ business day(s) from the date of receipt of the application.

2.1.2. Ensure timely delivery to the Consignor 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 for the carriage of goods in force on the territory of the Russian Federation.

2.1.3. Inform the Consignor about the detected shortcomings of the information received, and in case of incompleteness of the information, request the Consignor for the necessary data.

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 stipulated by this contract. If the Consignor fails to provide the necessary information, the Carrier has the right not to start fulfilling the relevant obligations until such information is provided.

2.3. The Carrier is obliged to deliver the Cargo to the destination within the period specified by the Consignor's application.

3. RIGHTS AND OBLIGATIONS OF THE SHIPPER

3.1. The shipper must:

3.1.1. Submit an application to the Carrier no later than _______ working days before the deadline for sending the Cargo.

3.1.2. Provide the Carrier for transportation of the Cargo at the place and within the time specified in the application and the bill of lading.

3.1.3. Issue a power of attorney to the Carrier, if it is necessary for the performance of 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 stipulated by this agreement.

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

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 Consignor in the following cases:

presentation of the Cargo for carriage with a delay;
presentation for carriage of the Cargo sent to a destination other than that established by the contract for the carriage of the Cargo;
presentation for carriage of Cargo not provided for by the Contract;
non-compliance of the condition of the Cargo presented for transportation with the requirements established by the rules for the carriage of goods, and failure to bring the Cargo by the Consignor in accordance with the specified requirements within the period agreed with the Carrier.

3.1.7. For failure to present for transportation the cargo stipulated by the Contract and waybills, the Consignor 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 compensation from the Consignor for damages caused to him in the manner prescribed by law. 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 illegal actions of the Carrier.

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

4. LOADING AND UNLOADING OF CARGO

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

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

4.3. Appliances 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, containers is not carried out.

5. DETERMINATION OF THE MASS OF THE LOAD

5.1. Cargoes are accepted for transportation with the indication of the mass of goods and the number of packages in the bill of lading. The weight of the goods is determined by the Consignor before they are presented for transportation. The procedure for determining the mass of goods is established by the rules for the carriage of goods.

5.2. The entry in the bill of lading about the weight of the cargo, indicating the method of its determination, is carried out by the Consignor.

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

6. PROCEDURE AND TERMS OF CARRIAGE

6.1. The procedure and terms for the carriage 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 limits.

6.3. The Carrier is obliged to inform the Consignor and the Consignee about the delay in the 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 waybill, the Consignee - to accept the Cargo delivered to him.

7.2. If, due to damage (spoilage) 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 the appropriate advance notice his.

7.4. The expenses for the carriage of the Cargo in case of its return or redirection shall be reimbursed at the expense of the Consignor.

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 destination must comply with the procedure for checking the weight of the Cargo and the number of packages when accepting the cargo from the Consignor at the point of departure.

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

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 shipper's seals.

7.7. Delivery by the Carrier of the Cargo in a container or package with a check of the weight, condition of the Cargo is carried out 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 state of the Cargo, the Carrier is obliged to check the weight, condition of the Cargo 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 shortage of cargo is determined by the results of checking the entire batch of simultaneously issued cargo.

7.9. If, when checking the weight, condition of the Cargo, the number of packages at the destination, a shortage, damage (damage) to the Cargo is found, the Consignee and the Carrier are obliged to determine the amount of the actual shortage, damage (damage) to 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 an examination carried out without notifying the Carrier or the Consignee are invalid. The costs associated with the examination are paid by the person who ordered the examination, with subsequent attribution of the costs to the person guilty of shortage, damage (spoilage) of the Cargo.

8. COST OF SERVICES, PAYMENT PROCEDURE

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

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

8.3. The consignor is obliged to sign the certificate of completion within _______ working days and transfer one signed copy to the Carrier or send a reasoned refusal.

8.4. The final payment is made within ________ working days from the date of invoicing by transfer Money to the account of the Carrier.

8.5. In case of delay in payment, the calculation is made by collection.

9. RESPONSIBILITIES OF THE PARTIES

9.1. In case of non-fulfillment 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 non-presentation of the Cargo or non-use of the submitted vehicles, the Consignor pays 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 demurrage of the vehicle due to the fault of the Consignor, the latter shall pay the Carrier

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

9.6. In case of violation of the terms of payment stipulated by this agreement, the Consignor

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

9.7. The Carrier shall be liable for the non-safety of the Cargo that occurred after it was accepted for carriage and prior to its release to the Consignee, a person authorized by him, unless he 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 from him did not depend.

9.8. Damage caused during the carriage of the Cargo shall be compensated by the Carrier:

in case of loss or shortage of the Cargo - in the amount of the cost of the lost or missing Cargo;
in case of damage (spoilage) of 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 the Cargo or baggage handed over for transportation with the declaration of its value - in the amount of the declared value of the cargo.

10. DISPUTES RESOLUTION

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

10.2.1. In cases where, 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 of ___________________________, since the dispute is under the jurisdiction of the 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 falling within the competence of a federal court of General Jurisdiction is subject to consideration by the District Court of the city of ____________________________.

10.2.1.2. A dispute under the jurisdiction of a court of General jurisdiction and falling within the competence of a world court of general jurisdiction is subject to consideration by the appropriate justice of the peace of the relevant section, the territorial jurisdiction of which includes the following address: ________________________________.

11. OTHER TERMS

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

11.2. The consignor is not entitled to assign his rights and obligations arising from this

Agreement, to third parties without written consent Carrier.

11.3. All appendices and additional agreements to the contract signed by the Parties are its integral part.

11.4. This Agreement is made in 2 copies, having equal legal force, one copy for the Carrier and the Consignor.

11.5. Facsimile copies of the agreement and annexes, additions 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 of its signing by both Parties and is valid until they fully fulfill their obligations.

12. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Carrier
Legal address: ___________________________________ Postal address: _______________________________________

Shipper

Legal address: ___________________________________

Mailing address: _______________________________________

Phone fax: _________________________________________

TIN/KPP: ______________________________________________

Checking account: ________________________________________

Bank: ___________________________________________________

Correspondent account: ______________________________

BIC: __________________________________________________________

Signature: _______________________________________________

This section presents the documents that may be required for the carriage of goods.

I. When transporting goods, the following can be issued:

and so on.

In the absence of an agreement on the organization of transportation of goods, the carriage of goods is carried out on the basis of an order accepted by the carrier for execution.

II. In case of disputes

In the event of disputes during the transportation of goods, the parties involved in the transportation may need the following documents:

The rules for the carriage of goods by road established that the act contains:

date and place of drawing up the act;

surnames, names, patronymics and positions of persons participating in the preparation of the act;

short description the circumstances that served as the basis for drawing up the act;

in case of loss or shortage of cargo, damage (spoilage) of cargo - their description and actual size;

signatures of the parties involved in drawing up the act.

Act example:(Act form in MS Word)

Claim

One of the ways to resolve a dispute that arose during the transportation of goods is to send a claim to the counterparty.
The need to send a claim may be established by law or contract.

Filing a claim is prescribed by law
Civil Code of the Russian Federation in Art. 797 establishes that before filing a claim against the carrier arising from the carriage of goods, it is mandatory to present a claim to him in the manner prescribed by the relevant transport charter or code.
According to Art. 39 of the UAT of the Russian Federation, before filing claims against carriers arising from contracts for the carriage of goods, such persons must be presented with claims. The right to present pre-trial claims against carriers, charterers are persons who have concluded transportation contracts, charter contracts, consignees, as well as insurers who have paid insurance compensation in connection with improper performance by carriers, charterers of their obligations for the carriage of passengers and baggage, cargo, provision of transport means for the transportation of passengers and baggage, cargo. The procedure for filing claims is established by the rules for the carriage of passengers, the rules for the carriage of goods.
In accordance with the Rules for the carriage of goods by road, claims are made to carriers (freighters) at their location in writing during the limitation period.
The claim contains:
1. date and place of compilation;
2. full name (surname, name and patronymic), address of the location (place of residence) of the person who filed the claim;
3. full name (surname, name and patronymic), address of the location (place of residence) of the person to whom the claim is made;
4. a brief description of the circumstances giving rise to the claim;
5. justification, calculation and amount of the claim for each claim;
6. a list of attached documents confirming the circumstances set forth in the claim (certificate and consignment note, order-order with marks, etc.);
7. surname, name and patronymic, position of the person who signed the claim, his signature, certified by a seal.
The claim is drawn up in two copies, one of which is sent to the carrier (charterer), and the other remains with the person who filed the claim
In accordance with Art. 12 of the Federal Law “On Freight Forwarding Activities”, before filing a claim against a forwarder arising from a freight forwarding agreement, it is mandatory to file a claim with the forwarder, with the exception of filing a claim when providing forwarding services for personal, family, household and other needs not related to the client’s entrepreneurial activities.
The client or a person authorized by him to file a claim and a claim, the recipient of the cargo specified in the freight forwarding contract, as well as the insurer who has acquired the right of subrogation, has the right to present a claim and claim to the freight forwarder.
The claim is made in writing. A claim for loss, shortage or damage (spoilage) of cargo must be accompanied by documents confirming the right to file a claim, and documents confirming the quantity and value of the shipped cargo, in the original or copies certified in the prescribed manner.
Claims against the freight forwarder may be brought within six months from the day the right to file a claim arises. The specified period is calculated in relation to:
1. compensation for losses for loss, shortage or damage (spoilage) of cargo from the day following the day when the cargo must be issued;
2. compensation for losses caused to the client by violation of the deadline for fulfilling obligations under the transport expedition agreement, from the day following the last day of the agreement, unless otherwise specified by the parties;
3. violation of other obligations arising from the contract of transport expedition, from the day when the persons specified in paragraph 2 of this article learned or should have known about such violations.

The claim procedure is stipulated by the contract
As a rule, such a procedure is prescribed in a section of the contract containing possible cases of disagreements and ways to resolve them. How clearly and in detail the procedure for pre-trial dispute resolution should be prescribed by the parties to the contract is determined independently.
The contract must establish a clear procedure for the actions to be taken by the counterparty before going to court (terms for sending and considering a claim, documents to be submitted with a claim, etc.). Claims must be clearly stated and substantiated.
The claim must indicate:
1. the name of the person (legal entity/individual entrepreneur) to whom the claim is addressed;
2. the name of the person from whom the claim is sent, indicating the exact postal address, means of communication (telephone, fax, etc.), and payment details;
3. claim number and date;
4. documents (with details) on which the relations of the parties are based: for example, a contract of carriage, an application, waybills, etc.;
5. clauses of the contract, the violation of which caused the filing of a claim
6. requirements of the person submitting the claim (should be set out clearly). The claim should be warned about the subsequent appeal to the court in case of non-satisfaction of the claim or failure to consider it in the prescribed manner or on time;
7. the legislation in accordance with which the person submitting the claim substantiates his claims;
8. the amount of claims with the calculation;
9. a list of attached documents substantiating the claims (or a reference should be made that the addressee has all the documents for considering the claim, in this case, the indicated documents should be listed).
The claim is signed by the head of the organization making the claim/, (individual entrepreneur) or an authorized person. It is not uncommon for a claim to be sent by fax/e-mail. But it is advisable to send a claim by registered mail or hand it over against receipt. At the same time, even when sending a claim by registered mail, there is a risk that the counterparty will declare that the letter contained blank sheets. In this regard, when sending a claim, an inventory of the investment should be drawn up, and when a claim is handed over against receipt, it is necessary that the counterparty put a note that he has received the claim and its annexes in full. When sending a claim by letter, you can send a copy of the claim, postal receipt and attachment list to the counterparty by fax / e-mail. The person who sent the claim must have a copy of the claim and documents confirming its sending: a receipt for sending a letter (with a return receipt), a mail notification, a counterparty's mark on receipt of the claim materials with an incoming number, date, seal (stamp), signature official on another copy of the claim. The above actions will avoid additional disputes regarding the fact and date of the claim. If the mandatory procedure for filing a claim is established by law or an agreement, a claim can be filed only after the plaintiff complies with the claim procedure for settling the dispute. What happens if a claim is filed without first filing a claim? In this situation, the dispute is not considered by the arbitration court, and the statement of claim is left without consideration (clause 2, clause 1, article 148 of the Arbitration Procedure Code of the Russian Federation).

Claims procedure

In accordance with Art. 41 of the UAT RF, when filing claims in the manner prescribed by Article 39 of the UAT RF, claims against carriers, charterers that have arisen in connection with the transportation of passengers and baggage, cargo or the provision of vehicles for the transportation of passengers and baggage, cargo, may be brought in cases full or partial refusal of carriers, charterers to satisfy claims or in cases of non-receipt of responses to claims from carriers, charterers within thirty days from the date of receipt of the relevant claims by them.
According to Art. 42 UAT RF, the limitation period for claims arising from transportation contracts, charter contracts is one year. The specified period is calculated from the date of occurrence of the event that served as the basis for filing a claim or lawsuit, including in relation to:

compensation for damage caused by shortage, damage (spoilage) of baggage, cargo, from the date of issue of baggage, cargo;
compensation for damage caused by the loss of baggage, from the date of recognition of the baggage as lost;
compensation for damage caused by the loss of cargo, from the day the cargo was recognized as lost;
delay in the delivery of baggage, cargo from the date of issue of baggage, cargo.

In accordance with Art. 13 of the Federal Law "On Freight Forwarding Activities", for claims arising from a freight forwarding contract, the limitation period is one year. The specified period is calculated from the date of occurrence of the right to file a claim.
According to Art. 125 APC RF:

the statement of claim is submitted to the arbitration court in writing. The statement of claim shall be signed by the plaintiff or his representative. A statement of claim can also be filed with the arbitration court by filling out the form posted on the official website of the arbitration court in the information and telecommunication network "Internet"
The claim must include:

the name of the arbitration court to which the claim is filed;
name of the plaintiff, his location; if the plaintiff is a citizen, his place of residence, date and place of his birth, place of his work or date and place of his state registration as individual entrepreneur, phone numbers, fax numbers, addresses Email claimant;
name of the defendant, his location or place of residence;
the plaintiff's claims against the defendant with reference to laws and other regulatory legal acts, and in the event of a claim against several defendants, the claims against each of them;
the circumstances on which the claims are based, and the evidence confirming these circumstances;
the value of the claim, if the claim is subject to evaluation;
calculation of the sum of money recovered or disputed;
information on the plaintiff's compliance with the claim or other pre-trial procedure, if it is provided for by federal law or an agreement (from June 1, 2016, Federal Law No. 47-FZ of 02.03.2016 amends paragraph 8 of part 2 of article 125);
information about the measures taken by the arbitration court to ensure property interests before filing a claim;
list of attached documents.

the plaintiff is obliged to send to other persons participating in the case, copies of the statement of claim and the documents attached to it, which they do not have, by registered mail with acknowledgment of receipt.

In accordance with Art. 126 APC RF:

Attached to the claim are:
1. notice of delivery or other documents confirming the sending to other persons participating in the case of copies of the statement of claim and documents attached to it, which other persons participating in the case do not have;
2. a document confirming the payment of the state fee in the prescribed manner and in the amount, or the right to receive benefits for the payment of the state fee, or a petition for a deferral, installment plan, or a reduction in the amount of the state fee;
3. documents confirming the circumstances on which the plaintiff bases his claims;
4. copies of the certificate of state registration as legal entity or individual entrepreneur;
5. a power of attorney or other documents confirming the authority to sign the statement of claim;
6. copies of the ruling of the arbitration court on securing property interests prior to filing a claim;
7. documents confirming the plaintiff's compliance with the claim or other pre-trial procedure, if it is provided for by federal law or an agreement (from June 1, 2016, Federal Law No. 47-FZ of 02.03.2016 amends paragraph 7 of part 1 of Article 126);
8. a draft agreement, if a demand is made to compel the conclusion of an agreement;
9. an extract from the unified state register of legal entities or the unified state register of individual entrepreneurs indicating information about the location or place of residence of the plaintiff and defendant and (or) the acquisition by an individual of the status of an individual entrepreneur or the termination of an individual's activities as an individual entrepreneur or another document confirming the specified information or lack thereof. Such documents must be received no earlier than thirty days before the day the plaintiff applies to the arbitration court.

Documents attached to the statement of claim may be submitted to the arbitration court in electronic form.

Normative legal acts used in this section of the site:

"Convention on the Contract for the International Carriage of Goods by Road (CMR)" (Concluded in Geneva on May 19, 1956) (Entered into force for the USSR on December 1, 1983);
Civil Code of the Russian Federation;
"Arbitration Procedural Code of the Russian Federation";
Federal Law of 08.11.2007 N 259-FZ "Charter of road transport and urban ground electric transport";
Federal Law No. 87-FZ of June 30, 2003 "On Forwarding Activities";
General rules for the carriage of goods by road (approved by the Ministry of Autotransport of the RSFSR on July 30, 1971);
Rules for the carriage of goods by road (approved by Decree of the Government of the Russian Federation of April 15, 2011 No. 272);
Decree of the Government of the Russian Federation No. 554 dated 08.09.2006 “On Approval of the Rules for Forwarding Activities”;
Decree of the State Statistics Committee of Russia No. 78 dated November 28, 1997 “On approval of unified forms of primary accounting documentation for accounting for the operation of construction machines and mechanisms, work in road transport”;
Decree of the State Statistics Committee of the Russian Federation of December 25, 1998 N 132 "On approval of unified forms of primary accounting documentation for accounting for trade operations";
Order of the Ministry of Transport of the Russian Federation No. 23 dated February 11, 2008 “On approval of the procedure for processing and forms of forwarding documents”;
Order of the Ministry of Transport of the Russian Federation of September 18, 2008 N 152 "On the approval of mandatory details and the procedure for filling out waybills";
Instruction of the Ministry of Finance of the USSR No. 156, State Bank of the USSR No. 30, CSB SSR No. 354/7, Ministry of Transport of the RSFSR No. 10/998 “On the procedure for settlements for the carriage of goods by road”;
Letter of the Federal Tax Service No. ШС-22-3/660 dated 21.08.2009 “On the submission of systematized materials for documenting operations during the transportation of goods”.

The transport organization engaged in the carriage of goods and the consignor, who delivers the goods for transportation and pays the freight charge, conclude a contract of carriage between themselves. In most cases, the consignor entrusts the cargo to the transport organization and indicates to it the third participant in the process - the consignee, to whom the cargo is issued at the destination.

The above definition gives grounds to conclude that by its nature the contract of carriage is reciprocal and reciprocal. It is paid because the carrier receives a certain remuneration for transportation. Since the carrier must transport the goods and is entitled to receive a freight charge, and the shipper has the right to carry the goods and is obliged to pay for the carriage, then the contract is mutual.

The concept, types and form of the contract of carriage

In fulfilling the obligations of transportation, the carrier must deliver the cargo or passenger to a specific destination, and the sender of the cargo or passenger is obliged to pay the carriage charge. Transportation is classified according to various criteria.

Depending on the type of transport, transportation is:

automotive,
air,
railway,
maritime,
river.

According to the number of carriers are divided into:

a) transportation in local traffic (transportation by one mode of transport and within the boundaries of one transport organization - railway, river shipping company);

b) transportation in direct traffic - several carriers of the same type of transport carry out under one document;

c) transportation in mixed direct traffic is carried out by several carriers different types transport ( by air and railroad). In maritime transport, there are:

transportation in small cabotage. This is when transportation is carried out between two Russian ports located in the same sea;
transportation in large cabotage. Transportation between two ports of the Russian Federation, which are located in different seas;
transportation in foreign traffic. Carrying out transportation to or from ports of other countries.

Air transport carries out:

a) domestic air transportation - when the points of departure, destination and intermediate landings are located on the territory of Russia;

b) international air transportation - when the points of departure and destination are located on the territory of two countries or on the territory of one country, but landing on the territory of another is provided.

Road transportation is carried out in domestic and international traffic.

Also, the types of contracts of carriage differ depending on what is being transported:

cargo transportation;
baggage transportation;
transportation of passengers;
mail transportation.

The contract must be concluded in writing in the form of a single document formalizing the carriage of goods. Such a document is most often a waybill, and in maritime transport - a bill of lading. The moment of conclusion of the contract is considered to be the moment when the goods with accompanying documents are handed over. The term of the contract is the time during which the goods must be delivered. It is considered to be observed if the cargo was unloaded or submitted for unloading before the expiration of the delivery time.

Legal regulation of transportation

In legal terms, transportation is regulated mainly by: the Civil Code, the Air Code, the Code of Inland Water Transport, the Merchant Shipping Code (KTM RF), the transport charter of railways, as well as some by-laws.

The contract of carriage is an agreement under which the carrier assumes the obligation to deliver the goods provided to him by the sender to the appointed point and issue it to the recipient, and the sender of the goods pays the agreed fee for the carriage of the goods.

The subject of the contract is the loading, delivery, storage, unloading and delivery of cargo. The parties to the agreement are:

carrier - a car company, a transport organization, Railway, a shipping company, a legal entity that has a license to carry out transportation;
consignor - an individual or legal entity;
consignee - the person to whom the goods are sent.

The contract for the carriage of goods provides for the collection of a carriage fee, which is established by agreement of the parties or determined by tariffs approved in the manner prescribed by transport codes and charters.

The procedure for concluding a contract of carriage

The conclusion of such an agreement is confirmed by the preparation and issuance to the consignor of the goods of a consignment note (bill of lading) or other document for the goods, which is provided for by the relevant transport code or charter.

Transportation documents are documents necessary for the carriage of goods, drawn up in accordance with the established rules. In the case of air transportation, the relevant contract is certified by the consignment note. Its form is established by a specially authorized body in the field of civil aviation. Transportation by road and by rail carried out on the basis of a bill of lading, which is issued for the entire route of the cargo. After acceptance of the cargo for transportation by sea, at the request of the sender, the carrier must issue him a bill of lading.

The basis for the conclusion of the contract of carriage are the prerequisites of an organizational nature. These prerequisites include: shippers' orders; agreements on the organization of transportation (navigation, annual and others); administrative and planning acts provided by law.

The main sections of the contract for the carriage of goods

The contract of carriage must contain the following main sections:

Subject of the contract

Here are the terms of the contract, without which the document cannot be concluded. It is necessary to indicate the actions performed by the sender, carrier and recipient of the goods specified in the contract or annex to the contract.

Procedure and conditions of transportation

The destination of the cargo, the place of transfer of the cargo to the carrier and the requirements for the transport used must be indicated. It is also necessary to indicate who and at whose expense is loading and unloading the cargo, and the procedure for issuing it to the recipient.

Duties of the parties

The obligations of the carrier to determine the number of vehicles, the timing of their submission for loading, as well as the timing of delivery of goods to the destination are indicated. The obligations of the sender for the preparation of cargo for transportation, its loading and unloading, the timing of acceptance of cargo at the destination and payment for transportation are given.

Shipping charges and payment procedures

This section contains information about the amount of the shipping fee, its timing and form of payment.

Responsibility of the parties

The responsibility of the parties established in this section of the contract is in addition to the responsibility established by the legislation of the Russian Federation, which includes transport charters and codes.

force majeure circumstances

Force majeure circumstances are listed that may impede the execution of the concluded agreement (war and hostilities, uprisings, earthquakes, floods, epidemics, acts of authorities). The occurrence of such circumstances extends the term of the contract for the period necessary to eliminate this or that circumstance.

Final provisions

The final provisions of the agreement contain information on the timing of its entry into force, on ways to resolve disputes and disagreements, on amendments and additions. Also reported on the number of copies of the contract.

Addresses and bank details of the parties

Here the legal and actual address of the parties to the contract are indicated. as well as full bank details for which payment is made.

Sample contract of carriage

Download sample contract:

How is the contract of carriage executed?

The moment of execution of the contracts of carriage is the release of the transported cargo at the place indicated by the sender.

However, the execution of such an agreement consists not only in the transfer of the goods itself, but also includes some preparatory actions that are necessary so that the recipient of the goods can accept the goods. Such actions include the announcement and notification of the arrival of the cargo. Thus, the unloading station must notify the consignee of the time of delivery of wagons with goods for unloading no later than two hours before their delivery. Notification is usually sent on the day of arrival of the goods, but no later than 12 noon the next day.

If the carrier fails to send notification, he will lose the right to receive payment for demurrage of wagons when the goods are unloaded by the consignee, as well as the right to payment for storage of goods in the days overdue before sending the notice or announcement of the arrival of the goods.

Since notification of the arrival of goods is not the main work of the carrier, but only an additional operation, a fee is charged for each notification of the consignee of the arrival of goods.

Features of different types of contract of carriage

The contract of carriage by rail is drawn up by waybill, which is the main transportation document. It accompanies the cargo along the entire route, and at the destination station, together with the cargo, it is issued to the consignee. The invoice has important legal significance: 1) it is a mandatory written form of the contract; 2) proof of the fact of the conclusion of the contract and the embodiment of its content; 3) establishes the legality of a person to bring claims and claims against the transport company in case of improper performance of the contract of carriage.

The air carriage agreement provides for the presence of a carrier - an operator that has a license to transport baggage, cargo, passengers or mail. Such an operator may be a natural or legal person who has the right of ownership (or other right) to the aircraft and uses it for flights. He must have a special certificate to fly.

The contract for the carriage of goods by sea is concluded:

subject to the provision for transportation of the entire vessel, its part or individual holds. In such a case, a ship charter agreement or charter is concluded, under which one party (ship owner) provides the other party (shipper) for a fee with all or part of the capacity of one or more ships for one or more voyages for the carriage of baggage, cargo and passengers;
without any conditions when the contract is executed by bill of lading. It is usually drawn up in two copies, one of which remains with the carrier, and the other is received by the sender as a basis for receiving the goods. Based on the shipping documents, the bill of lading is drawn up by the carrier, signed by the captain of the vessel and issued to the sender.

Summarizing all of the above, we can conclude that the contract for the carriage of goods is a document that regulates the rights, obligations, and responsibilities of the parties involved in the process of transportation of specific goods.

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.

The contract for the carriage of goods by road has all the features characteristic of this type of contract. 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 intercity 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, obtaining the written consent of the 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 vehicles, 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 Art. 17 federal law dated 08.08.2001 No. 128-FZ "On licensing certain types of activities" in the original version).
See, for example, Art. 31 UZhT, paragraph 2 of Art. 78 KVVT.