The contract for the provision of trucks. Transport service agreement. Procedure and conditions of carriage

Transport service agreement

201__ St. Petersburg

Individual entrepreneur Nikitin Maxim Valerievichacting on the basis of a certificate of state registration of an individual as an 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 carry out cargo transportation on its own transport, as well as loading and unloading operations on behalf of Customer, and 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 For the contractor 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. Customerhas the right to monitor the progress of work.

2.2. Rights and obligations Performer:

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

3. Service cost and settlement procedure.

3.1. The cost of services under this Agreement is _______________________________________

Rubles __________________ kopecks (excluding 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 on the transport services market. The new tariff plan is provided To the customer in a notification order.

3.3. Payment for services By the customerFor the contractor performed before / during / after the completion of the 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 is responsible 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 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 of force majeure circumstances deprives the relevant party of the right to consider them the reason for non-compliance 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 signing by the parties of the certificate of completion.

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

5.3. Customer in 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 in the right to terminate the contract unilaterally with notification Customer behind 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

Limited liability company «__________» represented by Director General _____________________ 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 on the following:

Subject of the contract

The "Customer" instructs, and the "Carrier" assumes the organization of transportation in urban, suburban and interregional traffic on its own or by involving 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 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 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 the vehicles sent for loading.
The "Customer" has the right at any time to refuse the services of the "Carrier" according to a previously sent application, provided that the "Carrier" is notified of this orally during the working day preceding the day the vehicle was delivered.
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 of 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 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. In this case, the responsibility for the delivery of goods in an inadequate condition is removed from the "Carrier".
An 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 of carriage in full compliance with the requirements of the "Customer".
Conclude a carriage contract 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" for objective reasons, inform the "customer" about this in advance.
In case of 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", modify or cancel applications for the provision of transport services.
Not 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.
Provide 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 trailer with the shipper's seal.
Maintain access roads to loading and unloading points and loading areas in good 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 time in excess of the time paid by the vehicle is carried out by providing the Carrier with an additional invoice or invoice.
By agreement of the parties "Carrier" renders 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 funds 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 when the car leaves the parking lot and the time when the car returns 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.

Liability 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 fined 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.
The parties shall immediately inform each other of the occurrence of the above circumstances 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 does not fully declare its 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

The contract for transport services, a standard sample of which can be downloaded for free 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 contractor represented by a 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 timely pay certain costs 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

Taking into account the absence of special requirements in the legislation of the Russian Federation 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 norms. 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, the following sections must be present in the contract for transportation:

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 added to the 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 the disclosure of 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

The standard sample of 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.
Reports on expenses and expenses.
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, contact a lawyer for a free consultation in the chat on our website

Transport services contract between legal entities
The contract for transport services between a legal entity and an individual entrepreneur

Cargo carriage contract (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 26.01.1996 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 or material values \u200b\u200bentrusted to him at the appointed 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 is transported by a commercial organization obliged, on the basis of the norms of the current legislation, to transport the cargo at the request of any citizen or legal entity, then such movement of cargo is considered transportation by public transport, which is public (clauses 1, 2 of Art. 789 of Law No. 14- FZ).

Cargo carriage contractis compensated, which follows from its definition contained in paragraph 1 of Art. 785 of Law No. 14-FZ. Also, the charters of certain modes of transport include conditions on the need for the carrier to provide the shipper for review, upon request of the latter, the tariffs for the services provided (for example, clause 15 of the Federal Aviation Rules "General rules for air transportation ..." 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 contractrecognized 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 Decree of the Government of the Russian Federation of 15.04.2011 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).

The issuance of such documents can be regulated by transport charters or codes:

for railroad deliveries of goods - a railway consignment note (Article 2 of the Federal Law “Charter of the RF Railway Transport” dated 10.01.2003 No. 18-FZ);
for road transport - a bill of lading (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 - a charter, bill of lading or other documents established by law (clause 2 of article 117 of the Merchant Shipping Code of the Russian Federation of April 30, 1999, No. 81-FZ);
for air transportation - a cargo 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 contractsinclude 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 cargois 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 who has the authority to receive such goods. The second party (consignor) undertakes to pay for such a service (clause 1 of article 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 by 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 paragraph 63 of the Rules for the carriage of goods by road).

Transportation organization agreement

In situations where it is necessary to implement 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 within the established time frame;
the cargo owner - to provide such goods in a timely manner (paragraph 2 of article 798 of the 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;
procedure for settlements between the parties to the agreement;
other conditions for the provision of transport and presentation of goods (clause 2. Art. 798 of Law No. 14-FZ).

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

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

The conditions for the carriage of goods accepted by the parties when signing an agreement on the organization of cargo transportation are accepted by default for a contract for the carriage of goods concluded for a separate flight, unless otherwise provided 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 article 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 invalid according to the general rule (clause 2 of article 793 of the law No. 14-FZ, article 37 of the Motor Transport Charter).

The carrier of goods can 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 20.12.2017).

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 goods, etc. (clause 3 of article 35 of the Charter vehicles).

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

So, cargo carriage agreementis concluded 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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