This section presents documents that may be necessary when transporting goods.
I. When transporting goods, the following may be issued:
In the absence of an agreement on the organization of cargo transportation, cargo transportation is carried out on the basis of an order accepted by the carrier for execution.
II. In case of disputes
If disputes arise during the transportation of goods, the parties involved in the transportation may need the following documents:
Rules for the carriage of goods by road transport it is 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;
- brief description the circumstances that served as the basis for drawing up the act;
- in case of loss or shortage of cargo, damage (damage) to cargo - their description and actual size;
- signatures of the parties involved in drawing up the act.
Example of an act:(Act form in MS Word)
One of the ways to resolve controversial situation arising during the transportation of goods is to forward the claim to the counterparty.
The need to file a claim may be established by law or contract.
- Submitting a claim is required by law
Civil Code of the Russian Federation in Art. 797 establishes that before filing a claim against the carrier arising from the transportation 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 claims are brought against carriers arising from contracts for the carriage of goods, claims must be made against such persons. The right to make claims against carriers and charterers in a pre-trial manner are persons who have entered into contracts of carriage, charter agreements, consignees, as well as insurers who have paid insurance compensation in connection with the improper fulfillment by carriers and charterers of their obligations for the transportation of passengers and luggage, cargo, and the provision of transport means for transporting passengers, luggage and cargo. The procedure for filing claims is established by the rules for the transportation of passengers and the rules for the transportation of goods.
In accordance with the Rules for the transportation of goods by road, claims are presented to carriers (freighters) at their location in writing within the limitation period.
The claim contains:- date and place of compilation;
- full name (last name, first name and patronymic), address of location (place of residence) of the person filing the claim;
- full name (last name, first name and patronymic), address of the location (place of residence) of the person against whom the claim is being made;
- a brief description of the circumstances that served as the basis for filing the claim;
- justification, calculation and amount of the claim for each claim;
- a list of attached documents confirming the circumstances stated in the claim (act and delivery note, work order with notes, etc.);
- last name, first name and patronymic, position of the person who signed the claim, his signature certified by the seal.
In accordance with Art. 12 of the Federal Law “On Transport Forwarding Activities”, before filing a claim with the freight forwarder arising from a transport expedition agreement, it is mandatory to file a claim with the freight 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 business activity. activities.
The client or a person authorized by him to file a claim and claim, the recipient of the cargo specified in the transport expedition agreement, as well as the insurer who has acquired the right of subrogation have the right to present a claim and claim to the forwarder.
The claim must be submitted 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 cargo sent, in the original or duly certified copies thereof.
Claims against the freight forwarder can be filed within six months from the date the right to file a claim arose. The specified period is calculated in relation to:- compensation for losses for loss, shortage or damage (spoilage) of cargo from the day following the day on which the cargo should be delivered;
- compensation for losses caused to the client by violation of the deadline for fulfilling obligations under the transport expedition contract, from the day following the last day of validity of the contract, unless otherwise determined by the parties;
- violation of other obligations arising from the transport expedition agreement, from the day when the persons specified in paragraph 2 of this article learned or should have learned about such violations.
- The claim procedure is provided for in the contract
As a rule, such a procedure is prescribed in the section of the contract containing possible cases of disagreements and ways to resolve them. The parties to the contract determine independently how clearly and in detail the procedure for pre-trial dispute resolution should be prescribed.
The contract must establish a clear procedure for the actions that the counterparty must perform before going to court (time limits for filing and considering a claim, documents to be submitted with the claim, etc.). The requirements presented in the claim must be clearly formulated and justified.
The claim should indicate:- name of the person (legal entity/individual entrepreneur) to whom the claim is addressed;
- the name of the person from whom the claim is being sent, indicating the exact postal address, means of communication (telephone, fax, etc.), and payment details;
- claim number and date;
- documents (with details) on which the relations of the parties are based: for example, a contract of carriage, an application, waybills, etc.;
- clauses of the contract, the violation of which caused the filing of a claim
- the requirements of the person submitting the claim (must be stated clearly). The claim should warn about subsequent recourse to court in case of failure to satisfy the claim or failure to consider it in the prescribed manner or on time;
- legislation in accordance with which the person making the claim substantiates his claims;
- amount of claims with calculation;
- a list of attached documents substantiating the claim (or a reference must be made that the addressee has all the documents for consideration of the claim, in which case the specified documents should be listed).
In accordance with Art. 41 of the UAT of the Russian Federation, when submitting claims in the manner established by Article 39 of the UAT of the Russian Federation, claims against carriers, charterers arising in connection with the transportation of passengers and luggage, cargo or the provision of vehicles for the transportation of passengers and luggage, cargo, can be brought in cases complete or partial refusal of carriers, charterers to satisfy claims, or in cases of failure to receive responses to claims from carriers, charterers within thirty days from the date of receipt of the relevant claims.
According to Art. 42 of the UAT of the Russian Federation, the limitation period for claims arising from transportation contracts and charter agreements is one year. The specified period is calculated from the date of the 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 luggage, cargo, from the day of delivery of luggage, cargo;
- compensation for damage caused by the loss of luggage from the day the luggage was recognized as lost;
- compensation for damage caused by the loss of cargo from the date the cargo is recognized as lost;
- delays in delivery of baggage and cargo from the day the baggage and cargo were issued.
According to Art. 125 Arbitration Procedure Code of the Russian Federation:
- the statement of claim is submitted to the arbitration court in writing. The statement of claim is signed by the plaintiff or his representative. A statement of claim can also be submitted to the arbitration court by filling out a form posted on the official website of the arbitration court on the Internet.
- The statement of claim must indicate:
- 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, telephone numbers, fax numbers, addresses email plaintiff;
- 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 when a claim is brought against several defendants - claims against each of them;
- the circumstances on which the claims are based and evidence confirming these circumstances;
- the price of the claim, if the claim is subject to assessment;
- calculation of the amount of money collected or disputed;
- information about the plaintiff’s compliance with the claim or other pre-trial procedure, if provided for federal law or by agreement (from June 1, 2016, Federal Law dated 03/02/2016 N 47-FZ 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 delivery.
In accordance with Art. 126 Arbitration Procedure Code of the Russian Federation:
- The following are attached to the statement of claim:
- notification of delivery or other documents confirming the sending to other persons participating in the case, copies of the statement of claim and documents attached to it, which other persons participating in the case do not have;
- a document confirming payment of the state duty in the prescribed manner and in the amount or the right to receive a benefit in the payment of the state duty, or a petition for a deferment, installment plan, or a reduction in the amount of the state duty;
- documents confirming the circumstances on which the plaintiff bases his claims;
- copies of the certificate of state registration as a legal entity or individual entrepreneur;
- power of attorney or other documents confirming authority to sign the statement of claim;
- copies of the arbitration court ruling on securing property interests before filing a claim;
- documents confirming the plaintiff’s compliance with the claim or other pre-trial procedure, if it is provided for by federal law or agreement (from June 1, 2016, Federal Law dated 02.03.2016 N 47-FZ amends paragraph 7 of part 1 of Article 126);
- a draft agreement, if a demand is made to compel the conclusion of an agreement;
- extract from the unified state register 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) acquisition an individual status of an individual entrepreneur or termination by an individual of activities as an individual entrepreneur or another document confirming the specified information or the absence 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.
Regulatory 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 Russian Federation;
- "Arbitration Procedural Code of the Russian Federation";
- Federal Law of November 8, 2007 N 259-FZ “Charter of Road Transport and Urban Ground Electric Transport”;
- Federal Law of June 30, 2003 N 87-FZ “On transport and forwarding activities”;
- General rules transportation of goods by road (approved by the Ministry of Autotransport of the RSFSR on July 30, 1971);
- Rules for the transportation 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 of September 8, 2006 “On approval of the Rules for transport and forwarding activities”;
- Resolution of the State Statistics Committee of Russia No. 78 of November 28, 1997 “On approval of unified forms of primary accounting documentation for work accounting construction machines and mechanisms, work in road transport";
- Resolution of the State Statistics Committee of the Russian Federation dated December 25, 1998 N 132 “On approval of unified forms of primary accounting documentation for recording trade operations”;
- Order of the Ministry of Transport of the Russian Federation No. 23 dated February 11, 2008 “On approval of the procedure for registration and forms of forwarding documents”;
- Order of the Ministry of Transport of the Russian Federation dated September 18, 2008 N 152 “On 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 of the SSR No. 354/7, Ministry of Transport of the RSFSR No. 10/998 “On the procedure for payment for the transportation of goods by road”;
- Letter of the Federal Tax Service dated August 21, 2009 No. ШС-22-3/660 “On the direction of systematized materials on documenting operations during the transportation of goods.”
A contract agreement differs from a standard contract for the carriage of goods in a smaller amount of information but with clear parameters of the requested service. An application contract is drawn up for a one-time transportation of cargo and is a combination of a standard contract form and a transportation application made in the form of a table.
Below is a sample contract application form.
Application agreement No.____ dated __.__.____
for transportation of goods by road
1. The Carrier undertakes to transport the cargo using its own or third-party vehicles, and the Client will pay for the Carrier’s services. Conditions for fulfilling obligations:
| Date and time of loading | Date: ___.___.20___ Time: ___:___ |
| Download address, contact person, telephone | |
| Unloading address, contact person, telephone | |
| Route | |
| Description of cargo: name; net/gross weight; volume. | |
| Required type of rolling stock and number of vehicles | |
| Loading and unloading method | |
| Additional conditions: cargo hazard class; temperature regime; paperwork; information support | |
|
Cargo insurance Cargo cost |
Not really ________________________ |
| Freight amount | |
| Payment terms | |
| Regulatory downtime without payment | ______hours |
| Delivery time | |
| Selected vehicle indicating: car make; license plate number and serial number; last name, first name, patronymic of the driver; Driver's passport details |
2. A fax copy of the application is a one-time application agreement and has full legal force.
3. In case of cancellation of the order less than 24 hours before loading the vehicle, the Client pays 20% of the transportation rate.
4. In case of cancellation of the order after the vehicle has been sent, the Client pays the actual costs incurred for delivering the vehicle to the loading site.
5. The client is obliged to provide the driver with a set of documents necessary for transporting the goods.
6. If the client enters into direct relations with the Contractor’s carriers and is bound by contractual obligations, the Client pays the Contractor 20% of the transportation rate.
After concluding a contract for the transportation of any cargo, the contractor undertakes to deliver the material assets entrusted to him within the specified time frame. The customer must pay all transportation costs.
Transportation can be carried out by any type of transport: road, rail, air or water. Regardless of the delivery method, the parties to the agreement additionally sign an application for cargo transportation.
It is customary to distinguish two parties in an agreement: the shipper and the contractor. In fact, the consignee also participates in the contract. His main responsibility is to accept delivered material assets in a timely manner. At the same time, the transport company can release the cargo to third parties, but only if available.
The application for transportation is drawn up as an addition to the relevant contract. In this case, the concluded agreement is confirmed. It is drawn up in triplicate, intended for the consignor, consignee and carrier.
Important: the signing of the document can be carried out by third-party citizens, but provided that they have or physical.
Application for cargo transportation - sample (download)
A contract for the carriage of goods by road or any other means is often combined with an application. But it comes in the form of an attachment and is an integral part of the document. The agreement must include:
- place and date of signing;
- details of all parties;
- date and place of transfer of cargo;
- contact details and full name of the recipient;
- approximate travel time and delivery route;
- description of the cargo;
- payment methods and full price services;
- the type of vehicle on which the delivery will be made;
- driver data.
United unified form there is no request for cargo transportation. Each transport company There are our own standard contracts drawn up taking into account the interests of the carrier. Some performers (at the request of the client) can introduce a clause on additional conditions cooperation.
Contract-application for cargo transportation - form (download)
You can draw up an agreement yourself or use a ready-made document form. There are many examples of similar contracts on the Internet. In addition to the application agreement for the carriage of goods, you can find a standard form.
Let's sum it up
With its help, it will also be possible to protect the shipper from counterclaims. They may arise if the cargo arrives at the recipient in an improper form, for example deformed.
Contract-application for the transportation of goods by road
In accordance with the terms of the contract, the carrier assumes responsibilities for the delivery of the cargo entrusted to him to the place designated by the sender and the transfer of such cargo to a certain person. The shipper must pay for the service provided (clause 1 of Article 785 of the Civil Code of the Russian Federation).
It is a very common practice to formalize relations between the parties in the case of a one-time order for a service for transporting goods by road by drawing up an application agreement. Such a document is usually small in volume and involves the execution of a transportation contract in the form of an application with a clear description of the parameters of the requested service, while when drawing up standard contract an application for a specific one-time transportation is separate application to the main agreement. Often, in an application agreement, data is presented in tabular form for convenience.
The general requirements for transportation are contained in special transport charters, codes, laws and regulations (paragraph 1, paragraph 2, article 784 of the Civil Code of the Russian Federation). For example, relations arising in connection with the provision of services for the transportation of goods by road, as well as the form and content of related documents, are regulated by the law “Charter of Motor Transport and Urban Land Transport” dated November 8, 2007 No. 259-FZ (except for the cases discussed in paragraphs. 3, 4 art. 1) and “Rules for the transportation of goods by road”, approved. Decree of the Government of the Russian Federation dated April 15, 2011 No. 272.
Contract-application for cargo transportation (form)
Contract-application for cargo transportation contains the following information:
- Names of the parties (carrier and consignee.
- Last name, first name, patronymic authorized persons parties to the agreement, details of the documents on the basis of which they act.
- Subject of the contract - in this case, the carrier’s obligation to deliver the goods properly, and the sender’s obligation to pay for the service, is described.
- Conditions for the implementation of the application agreement:
- date and time of loading;
- loading address, name and contacts of the sender;
- unloading address, name and contacts of the cargo recipient;
- route indication;
- description of the cargo (characteristics of weight, volume, packaging, etc.);
- description of the required transport (including its quantity);
- description of loading and unloading methods;
- calculation of the cost of the service;
- terms and method of payment (cash/non-cash, possibility of installments, etc.);
- delivery time/unloading time;
- description of the specific vehicle allocated for the provision of the service, passport details of the driver (for vehicles).
A sample contract application for the carriage of goods can be downloaded from the link:
Thus, an application contract for the carriage of goods is a combination of a standard contract form and an application for the provision of the specified service with specific parameters. For individual species transport used for the transportation of goods, its own rules have been developed regulating the provision of this service.
- Bid on transportation cargo by road (appendix to the standard annual contract for transportation cargo by road)
Contract for the carriage of goods and passengers → Application for the carriage of goods by road (appendix to the standard annual contract for the carriage of goods by road)
Ample transport from "" 20 No. bid on transportation cargo by road delivery date applications on Which period (day, five days, decade, month) submitted bid(schedule for delivery of vehicles to points agreed upon by the parties...
- Sample. Bid for implementation transportation(annex to the contract for transport services)
Contract for the carriage of goods and passengers → Sample. Application for transportation (annex to the contract for transport service)
bid for implementation transportation(appendix to the contract for transport services) form applications to implement the application...
- Sample. Commodity section on transportation goods in trade. Form No. ttn
Contract for the carriage of goods and passengers → Sample. Commodity section for the transportation of goods in trade. Form No. ttn
commodity section +-+ on transportation goods in trade okudt code 0003804 no. ttn +- +- supplier +- (name of organization, address, settlement account, name...
- Bid for currency exchange
Contract of purchase and sale and currency exchange → Application for currency exchange
- Bid for currency exchange
Agreement for the exchange of real estate, securities → Application for exchange of foreign currency
bid for currency exchange name of enterprise postal address: telegraphic address: telefax: telex: ...
- Form applications for the purchase of bonds (order of the Central Bank of the Russian Federation dated 05/06/93 No. 02-78)
Purchase of securities, shares → Application form for the purchase of bonds (Order of the Central Bank of the Russian Federation dated May 6, 1993 No. 02-78)
Amendment 7 to the regulation on servicing and circulation of issues of government short-term zero-coupon bonds form applications for the purchase of bonds bid satisfied at a price not lower than a percentage of the face value for the amount of () rubles, with a charge...
- Complaint to the Management Company for violation of deadlines applications
Statements of claim, complaints, petitions, claims → Claim in Management company about violation of deadlines for completing an application
Federal Law on the Protection of Consumer Rights, please: 1. Eliminate faults within 20 years ( which exactly). 2. Please give your answer in writing within the time period established by the federal law of the Russian Federation dated May 2, 2006 No. 59-FZ &la...
- Bid for the provision of equipment on leasing terms
Leasing contract, agreement → Application for provision of equipment on leasing terms
Enterprise form Sample (9/1) To the Chairman of the Board commercial bank CLAIM The company asks you to consider
- Sample. Bid for additional delivery/replacement of a software product (information, reference, regulatory systems)
Agreement for the supply of goods and products → Sample. Request for additional delivery/replacement software product(information, reference, regulatory systems)
bid for additional delivery/replacement of (name of software product) "" 20, (full name of organization) ...
- Bid for the acquisition of investment shares of an interval mutual investment fund (for citizens) (Resolution of the Federal Commission for Securities Markets No. 14 dated October 16, 1995 (as amended on January 12, 1996))
Agreement for the purchase and sale of property → Application for the acquisition of investment shares of an interval mutual investment fund (for citizens) (Resolution of the Federal Commission for Securities and Markets of the Russian Federation dated 10/16/95 No. 14 (as amended on 01/12/96))
application no. 1 to the standard rules for interval mutual investment funds bid no. for the purchase of investment shares (full name of the mutual investment fund, hereinafter referred to as the fund...
- Bid for the acquisition of investment units of an interval mutual investment fund (for legal entities) (Resolution of the Federal Commission for Securities Markets No. 14 dated October 16, 1995 (as amended on January 12, 1996))
Agreement for the purchase and sale of property → Application for the acquisition of investment shares of an interval mutual investment fund (for legal entities) (Resolution of the Federal Commission for the Securities Market of October 16, 1995 No. 14 (as amended on January 12, 1996))
application no. 2 to the standard rules for interval mutual investment funds bid no. for the purchase of investment shares (full name of the mutual investment fund, hereinafter referred to as the fund...
Loading...
