The contract for the provision of trucks. The contract for the provision of transport services. Procedure and conditions of carriage

Provision agreement transport services

201__ St. Petersburg

Individual entrepreneur Nikitin Maxim Valerievich acting on the basis of a certificate of state registration natural person as individual entrepreneur series 78 No. 006959304, issued by the Ministry of Finance of the Russian Federation 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 on the following:

Subject of the contract.

In accordance with this Agreement Executor undertakes to implement freight transportation on our 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 terms stipulated by the Agreement.

Rights and obligations of the parties.

2.1. Rights and obligations Customer:

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

2.1.2... Customer undertakes to promptly pay for the rendered Performer transport services.

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

2.2. Rights and obligations Performer:

2.2.1Executor undertakes to transport the goods Customer, perform loading and unloading operations.

3.The cost of services and the procedure for settlements.

3.1. The cost of services under this Agreement is _______________________________________

Rubles __________________ kopecks (excluding VAT tax) .

3.2. Payment for 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 on the transport services market. New tariff plan provided To the customer in a notification order.

3.3. Payment for services By the customerTo the performer performed before / during / after the completion of the work.

4. Responsibility of the parties.

4.1. For non-performance or improper performance obligations under this Agreement, the Parties are responsible in accordance with the legislation of the Russian Federation.

4.2. Customer bears responsibility for late payment of rendered Performer services in the amount 1% for every 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 fulfillment of contractual obligations is automatically prolonged for the period of validity of these circumstances. Upon the termination 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 the obligations under the Agreement has been created is obliged to immediately notify the other party of the onset or termination of the above obligations. Untimely notification about force majeure circumstances deprive the relevant party of the right to consider them the reason for the failure to comply with the terms of this Agreement.

5. The term of the contract.

5.1. The contract is valid from the moment of signing until the end of the work, payment of the invoice and the signing by the parties of the act of work performed.

5.2. If none of the parties terminated the contract before the expiration date, the contract is prolonged.

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

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

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

6. Details and signatures of the parties.

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

Contract No.

for the provision of transport services for the carriage of goods by road

______________ 20 Moscow

Society with limited liability «__________» in the face general director _____________________ acting on the basis of the Charter, hereinafter referred to as the "Customer" on the one hand and the Limited Liability Company " AVT-Stroy", Represented by the General Director ______________, acting on the basis of the Charter, hereinafter referred to as the" Carrier ", on the other hand, have entered into this agreement as follows:

Subject of the contract

The "Customer" instructs, and the "Carrier" undertakes the organization of transportation in urban, suburban and interregional traffic on their own or by attracting third parties at the expense of the "Customer".
The "Customer" presents, and the "Carrier" accepts the goods for transportation on the basis of the application.
The "Customer" pays for the services of the "Carrier" in accordance with the agreed tariffs.

Organization of transportation

Services are provided by the "carrier" on any days of the week, including Saturday and Sunday, at the request of the "Customer" containing the following data:

- the number of vehicles and the requirements for their equipment;

- the nature (type) of the cargo, its quantity and weight;

- transportation route;

- date, time and place of download;

- date, time and place of unloading;

- contact persons and telephones for loading and unloading;

- agreed rate for transportation;

- transportation features.

The "Customer" submits the application to the dispatcher of the "Carrier" before 15.00 o'clock on the day preceding the day of the provision of transport. When applying for weekends, the application is submitted until 14.00 hours on Friday. The application is transmitted orally or by fax.
The "Carrier", before 17.00 hours of the day preceding the day of loading, informs the "Customer" of the numbers of vehicles sent for loading.
The "Customer" has the right at any time to refuse the services of the "Carrier" on the basis of a previously sent application, provided that the "Carrier" is notified of this orally during the working day preceding the day of delivery of the vehicle.
Loading of goods into a car, securing and lashing of goods is carried out by a representative of the "Customer" at the place of loading. The driver of the "Carrier" checks the compliance of the stowage and fastening of the cargo in the vehicle with the requirements for traffic safety and ensuring the safety of cargo and rolling stock. It also informs the sender of any faults in the stowage and securing of the cargo. At the request of the driver, the representative of the "Customer" is obliged to eliminate the detected faults in the stowage and securing of the cargo, in case of refusal, the driver must make a note of his disagreement in all copies of the waybill. At the same time, responsibility for the delivery of goods to inadequate condition removed from the "Carrier".
The application submitted by the "Customer" later than 6 pm on the day preceding the day of transportation is considered additional. The Carrier does not guarantee the delivery of the vehicle upon an additional application, but takes all measures to satisfy the Customer's application.
Loaded vehicles are sealed by a representative of the "Customer" at the place of loading. If the "Customer" has not sealed the vehicle, the "Carrier" is not liable for the safety of the cargo.
The “Carrier” carries out the transportation of the “Customer's” cargo in the presence of all the documents necessary for transportation.

Obligations of the "Carrier"

To organize, on its own behalf, the transportation of goods at the request and instructions of the "Customer" in urban, suburban and intercity road traffic.
Search for and conduct negotiations with vehicle owners in order to conclude contracts for carriage in full compliance with the requirements of the "Customer".
Conclude a contract of carriage on your own behalf.
Submit the car for loading at the time and place agreed upon in the application in a technically sound condition.
Provide drivers with all the necessary and properly executed documents for the vehicle and documents for travel through the territory included in the transportation route.
Inform the "Customer" about any delays in the delivery of the goods.
in case of impossibility of timely provision of vehicles by the "carrier" objective reasons, inform the "customer" about this in advance.
In the event of a sudden replacement of vehicles by the "Carrier" (for objective reasons), the "Carrier" immediately informs the "Customer" about this.

Obligations of the "Customer"

Timely forward to the "carrier", change or cancel applications for the provision of transport services.
Not to require the use of vehicles in a manner that entails the risk of damage to it or for purposes not provided for in this Agreement.
Ensure the timely and proper execution of transportation documents.
Timely pay for the Carrier's services in accordance with the terms of this Agreement.
Provide the forces of the consignor / consignee with loading / unloading.
Present for transportation the goods in proper packaging, seal the covered vehicle and the trailer with the shipper's seal.
Maintain access roads to loading and unloading points and loading areas in a fixed condition, ensure free and safe maneuvering of vehicles.

Settlement procedure

Payment under this agreement is made by the "Customer" in advance or in advance. In case of an advance payment, the final settlement for the processed, in excess of the paid, vehicle time is carried out by providing the "Carrier" with an additional invoice or invoice.
By agreement of the parties, "Carrier" provides forwarding services for an additional fee. Freight forwarding by the driver is paid at the rate of 0.5 hour tariff for this car.
In case of refusal by the "Customer" to execute the application before 6 pm of the day preceding the day of its execution, the "Carrier" returns the paid cash with a deduction of 5% of the amount paid.
Documents confirming the performance of services are signed acts of work performed, waybills, a receipt for the performance of work (services), acts of additional services.
Tariffs for the carriage of goods and other services may change due to an increase in the cost of transportation, as well as other circumstances that determine the level of prices. The "Carrier" reserves the right to change the current tariffs, notifying the "Customer" about this in writing.
If the “Customer”, due to his omission, has not noted the actual time of arrival or departure of the car in the waybill, the “Carrier”, when calculating the payment for transport services, takes as a basis the time of the car leaving the parking lot and the time of returning the car to the parking lot.
For violation of the payment term, the "Customer", at the request of the "Carrier", pays a penalty in the amount of 0.2% of the payment amount for each day of delay.

Responsibility of the parties

The parties are responsible in accordance with the current legislation of the Russian Federation.
For the provision of false or insufficient information in the application, the discrepancy between the goods specified in the invoices, the actually loaded goods, incorrect execution of accompanying documents, the "Customer" bears full financial responsibility, as well as the "Customer" is subject to a fine in the amount incurred by the "Carrier" as a result of the specified violations of damages.

Force Majeure

The parties are exempt from partial or full fulfillment of obligations under the Agreement if this was the result of force majeure that arose after the conclusion of this Agreement as a result of extraordinary events that the parties could neither foresee nor prevent by reasonable measures, such as military actions, riots, natural disasters (earthquakes, floods), government regulations and orders of state bodies.
On the occurrence of the above circumstances, the parties inform each other immediately in writing... The deadline for fulfilling obligations under the Agreement shall be postponed in proportion to the time during which such circumstances and their consequences operate.

Contract time

The contract comes into force from the moment of its signing and is valid until _______20.
If none of the parties, 1 (one) month before the expiration of this Agreement, fully declares their desire to terminate it, the Agreement is considered extended for the next year.
The Agreement may be terminated ahead of schedule by one of the parties with prior written notification to the other party, no later than 20 days before its termination, and also subject to the completion of all mutual settlements under this Agreement.
A faxed signed copy agreed by both Parties is an official document and has full legal force, with the subsequent transfer of the original

A contract for transport services, a standard sample of which can be downloaded free of charge on our website, is a written bilateral agreement between two legal entities or a legal entity with an individual. It defines the obligations of one party - the performer represented by transport company or an individual entrepreneur (carrier) to deliver the cargo or passengers to the specified address. In this case, the other party (the customer represented by the administration of an institution, organization, enterprise or individual) must provide the relevant documents for the cargo and pay certain expenses in a timely manner in accordance with a preliminary agreement. In addition, other points are discussed, including the actions of the parties in the event of emergency situations: force majeure, changes in transportation conditions, fuel tariffs, etc.

Features of contracts for transport services

Given the absence in the legislation of the Russian Federation of special requirements regarding the execution of contracts for the provision of transport services, our lawyers have prepared a universal option that allows you to minimize possible risks for both parties within the framework of legal regulations... When it is signed, both the obligations and the responsibility for their deliberate or involuntary non-fulfillment will be most fully and accurately determined not only for the contractor, but also for the customer.

By downloading a sample free of charge, you can, before filling it out, add or reduce certain points, taking into account the specifics of a particular transaction. In any case, in the contract for transportation The following sections must be present:

The legal statuses of the parties and the subject of the agreement.
Terms of fulfillment of obligations.
Rights and obligations.
Cost and settlement procedure.
Responsibility and Dispute Resolution.
Special conditions.
Requisites.
Supplements.

What can be supplemented with a standard contract for transportation?

In addition to the mandatory clauses, the contract for transport services can be supplemented with the following provisions:

conditions and sequence of performance of obligations;
the degree of confidentiality;
responsibility of the parties for disclosing commercial secrets;
the procedure for monitoring (reconciliation) of the fulfillment of obligations;
transportation routes;
methods of interaction (communication) during acceptance, transportation and receipt of cargo, etc.

If necessary, you can consult with our lawyers about filling out the contract, taking into account certain circumstances and characteristics of the cargo.

Remember , the more detailed all the points of the upcoming transaction are, the more likely it is to avoid possible risks.

Applications and add-ons

V type sample the contract for transport services provides for the following annexes and related documents:

The list of services, including related ones, within the framework of the stipulated obligations.
Transportation (transportation) and payment schedules.
Acceptance certificates.
Expense and expense reports.
Additional agreements.
Acts of disagreements and their approvals.

Download the contract for TU

If you did not find the answer to your question or you still have misunderstandings, please contact free consultation to a lawyer in the chat on our website

Contract for transport services between legal entities
Transport services contract between legal entity and SP

Contract for the carriage of goods (sample)

Transportation of goods must be carried out on the basis of cargo carriage contracts(Clause 1 of Art. 784, Part 2 of the Civil Code of the Russian Federation of 01.26.1996 No. 14-FZ (hereinafter Law No. 14-FZ)). Depending on the type of transport selected for transportation (road, aviation, rail, sea, etc.), the general conditions for the provision of such a service, as well as the features of the content and execution of the contract, are regulated by special transport charters and codes, laws and regulations (clause 2 p. 784 of Law No. 14-FZ).

Subjects cargo carriage contracts are:

carrier - bears the obligation to deliver the things entrusted to him or material values to the designated place and transfer them to the authorized person;
the sender - undertakes to timely pay for the ordered movement of the goods (clause 1 of article 785 of the law No. 14-FZ).

If the cargo carries commercial organization obliged on the basis of the rules current legislation to carry out the transportation of goods at the request of any citizen or legal entity, then such movement of goods is considered transportation by public transport, which is public (clauses 1, 2, Article 789 of Law No. 14-FZ).

Cargo carriage contract is compensated, which follows from its definition contained in paragraph 1 of Art. 785 of Law No. 14-FZ. Also statutes certain types transport include conditions on the need on the part of the carrier to provide for review to the shipper at the request of the latter tariffs for the services provided (for example, clause 15 of the Federal Aviation Rules " General rules air transportation ... ", approved. by order of the Ministry of Transport of Russia dated June 28, 2007 No. 82).

A sample of the contract in question can be downloaded from the link:

What confirms the conclusion of the contract for the carriage of goods

Cargo carriage contract is recognized as real, since in fact it can be considered concluded at the time the carrier accepts an order or an application from the sender for execution (for example, clause 6 of the "Rules for the carriage of goods by road", approved by the Government of the Russian Federation of April 15, 2011 No. 272).

The fact of the conclusion cargo carriage contracts certified by the issuance of a bill of lading or other documentation in accordance with transport legislation (clause 2 of Art. 785 of Law No. 14-FZ).

Transport charters or codes may regulate the issuance of such documents:

for railroad deliveries of goods - a railway consignment note (Article 2 of the Federal Law "Charter railway transport RF "dated 10.01.2003 No. 18-FZ);
for road transport - a waybill (clause 1 of article 8 of the Federal Law "Charter of motor transport and urban land electric transport" dated 08.11.2007 No. 259-FZ);
for river transportation - a waybill or bill of lading (clause 2 of article 67 of the Code of Inland Water Transport of the Russian Federation of 07.03.2001 No. 24-FZ);
for sea transportation - charter, bill of lading or other documents, established by law(Clause 2 of Art. 117 of the Merchant Shipping Code of the Russian Federation of 30.04.1999 No. 81-FZ);
for air transportation - a freight or postal waybill (Art. 105 of the Air Code of the Russian Federation of 03.19.1997 No. 60-FZ).

The design and content of these documents is determined by the relevant transport charters or codes.

Essential conditions of the contract of carriage

Based on an analysis of the provisions of civil and transport legislation, as well as existing judicial practice to essential conditions cargo carriage contracts include the following:

Subject of the contract. The inclusion of this clause in the content of any agreement is governed by Art. 432 of Law No. 14-FZ. Subject carriage agreement cargo is the provision of transport services for the delivery to a specified point of goods entrusted to one party (carrier) with their subsequent transfer to a specific person authorized to receive such goods. The second party (the consignor) undertakes to pay for such a service (clause 1 of Art. 785 of Law No. 14-FZ). The subject of the contract will not be considered established, but itself cargo carriage agreement- to prisoners, without instructions:

characteristics of the cargo (name, quantity, weight, size, volume, packing / container parameters, etc.);
date and time of departure and delivery of goods;
points of departure and destination (for example, the decision of the CA of the Kemerovo Region in the case of 04.12.2009 No. A27-16638 / 2009).

Transportation time.
The amount of the carriage charge.
The procedure and conditions for making settlements between the parties (for example, resolution of the Federal Antimonopoly Service of the West Siberian District of July 29, 2008 No. F04-4550 / 2008), etc.

Judicial practice does not have a common opinion regarding the inclusion in the contract as essential conditions of the information listed in paragraphs. 2-4 of the above list.

For example, some of the judges believe that the parameters not specified in the agreement can be set taking into account the provisions of the law (for example, the time for delivery of goods by road is in accordance with clause 63 of the Rules for the carriage of goods by road).

Transportation organization agreement

In situations where it is necessary to carry out cargo transportation in a systematic manner, the carrier and the cargo owner can conclude agreements on the organization of transportation. Such contracts are usually long-term.

Under the contract for the organization of transportation:

the carrier is obliged to accept cargo of a certain volume for transportation in a timely manner;
the cargo owner - to provide such goods in a timely manner (paragraph 2 of Art. 798 of Law No. 14-FZ).

The following parameters must be stipulated by the agreement on the organization of cargo transportation:

volumes of provided cargo;
terms of presentation of goods for transportation;
the procedure for settlements between the parties to the agreement;
other conditions for the provision of transport and presentation of goods (clause 2. Article 798 of Law No. 14-FZ).

An agreement on the organization of cargo transportation usually serves not only to establish permanent business relationship between contractors, but also to optimize the process of cargo transportation itself and the accompanying document flow.

For example, if there is an agreement on the organization of transportation cargo carriage agreement can be concluded by accepting an application from the consignor by the carrier (clause 5 of article 8 of the Motor Transport Charter).

The conditions for the carriage of goods accepted by the parties when signing the agreement on the organization of cargo transportation are accepted by default for the contract for the carriage of goods concluded for a separate flight, unless otherwise provided for by such an agreement (clause 2 of article 68 of Law No. 24-FZ).

Liability of carriers, shippers and consignees

For improper fulfillment of obligations, as well as for their non-fulfillment, the parties to the contract of carriage are liable in accordance with civil and transport legislation, as well as the rules established by agreement of the parties (clause 1 of Art. 793 of Law No. 14-FZ).

The agreement on the conditions for the reduction or complete exclusion of the liability stipulated by the legislation, made by the carrier and the cargo owner, is considered general rule invalid (clause 2 of Art. 793 of Law No. 14-FZ, Art. 37 of the Motor Transport Charter).

The carrier of goods may be held liable:

for failure to provide transport in accordance with the terms of the contract accepted by the application or order (clause 1 of Art. 794 of Law No. 14-FZ);
for damage or loss of entrusted cargo that happened after it was accepted for transportation and before it was handed over to the consignee (clause 1 of article 796 of Law No. 14-FZ). For this reason, a professional carrier is liable, regardless of his fault (see clause 1 of the Review of the judicial practice of the Armed Forces of the Russian Federation of 12/20/2017).

The consignor may be held liable for non-presentation of the goods or non-use of the means of transport provided by the carrier (clause 1 of article 794 of Law No. 14-FZ).

Separate transport charters and codes, as well as the contract, may establish other conditions for the emergence of liability of the parties to the agreement - for example, the failure to indicate in the waybill special comments on the precautions necessary for transporting cargo, etc. (Clause 3, Article 35 of the Charter vehicles).

Therefore, the inclusion of a liability clause in model contract transportation of goods is optional.

So, cargo carriage agreement is between the carrier and the shipper, the fact of the conclusion of such an agreement is confirmed by drawing up a bill of lading or other document provided for by law.

An essential condition of the contract for the carriage of goods is a detailed description of the subject of the contract. This also includes the characteristics of the cargo, the description of the route, the indication of the points of departure and destination, the dates and times of loading and unloading, the parameters of the hired transport, and other parameters that make it possible to identify the subject of the agreement as accurately as possible.

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