1. SUBJECT OF THE AGREEMENT
1.1. Under this Agreement, the Contractor, on the basis of applications, undertakes to provide the Customer with transport services, namely passenger transportation by passenger vehicles, within the territory of the city.
1.2. The Contractor provides services under this agreement on its own or by third parties using its own or rented cars.
1.3. The Customer undertakes to pay for the Contractor's services for the transportation of passengers, carried out under this Agreement, in the manner and within the terms provided for in this Agreement.
2. OBLIGATIONS OF THE PARTIES
2.1. The Contractor undertakes:
2.1.1. At any time of the day, provide required quantity technically sound passenger cars with drivers at the points and times specified by the Customer.
2.1.2. Before the date of each month, provide the Customer with a Certificate of acceptance and transfer of services on the transportation work performed during the previous month, as well as an invoice for payment for the work performed.
2.1.3. Guarantee the Customer the provision of the services specified in clause 1.1, clause 1.2 of this Agreement at the approved tariffs in accordance with Appendix No. 1 to this Agreement.
2.1.4. Inform the customer about changes in tariffs for the Contractor's services in writing no later than days before the introduction of new tariffs. At the same time, the Contractor reserves the right to unilaterally and without prior notice to the Customer temporarily increase the tariffs during the period of federal holidays.
2.2. The customer undertakes:
2.2.1. Pay for services under this agreement in the amount, on time and in the manner provided for in this Agreement.
2.2.2. Guarantee the Contractor's compliance with the rules by passengers transported by the Contractor under the Customer's orders traffic, driver requirements, as well as their compliance public order. The possibility of a passenger being in a car in a state of strong alcoholic intoxication, causing the latter harm to the car, or committing other actions that threaten the safety of the driver, other passengers and road traffic is excluded.
3. PROCEDURE FOR IMPLEMENTATION OF THE AGREEMENT
3.1. The customer, at least one hour before the intended trip, places an order passenger car through the Contractor's dispatch service. Orders placed after the specified deadlines are considered urgent and are carried out by the Contractor without guaranteeing the availability of a free car and compliance with the start dates of the trip.
3.2. 15 minutes before the intended trip, the Contractor must inform the Customer about the details of the delivery of the car (make, color, license plate number of the car).
3.3. Disputes and disagreements arising from this Agreement or in connection with it will be resolved by representatives of the parties through negotiations. If no agreement is reached, the dispute is referred to the judicial authorities.
4. PAYMENT PROCEDURE
4.1. The cost of services provided by the Contractor is determined in accordance with Appendix No. 1, which is an integral part of this Agreement.
4.2. Settlements between the parties under this agreement occur in the following order:
4.2.1. Within calendar days from the date of signing this agreement, the Customer transfers to the Contractor’s bank account sum of money in the amount of rubles as a deposit for the services provided by the Contractor.
4.2.2. The amount of the deposit is taken into account in settlements between the Contractor and the Customer, and the balance remaining after settlements is carried forward to the month following the reporting month.
4.2.3. At the end of the reporting month, before the date of the next month, the Contractor issues an invoice to the Customer for services performed for the reporting period, and also provides a Service Acceptance Certificate. The Service Acceptance and Transfer Certificate is signed by the parties within days from the date of receipt of the Certificate by the Customer.
4.3. Based on the provisions of Chapter 21 of the Tax Code of the Russian Federation, the sale of services under this Agreement is not subject to VAT taxation, the amount of tax is not presented to the Customer, and invoices for the sale of the Contractor’s services are not prepared.
4.4. Payment for the Contractor's services under this Agreement can be made by the Customer in the following ways:
4.4.1. by bank transfer to the Contractor's bank account using the details specified in the invoice for payment;
4.4.2. for cash payment to the Contractor's cash desk.
4.5. Full payment for services under this Agreement is made no later than the date of each month for the past month.
5. ACCEPTANCE OF SERVICES
5.1. The fact of proper provision of services under this Agreement is confirmed by the Certificate of Acceptance and Transfer of Services signed by the Parties.
5.2. Services under this Agreement are considered to be performed properly and in established deadlines, if within calendar days from the date specified in the Service Acceptance and Transfer Certificate, the Customer has not handed over the signed Certificate to the Contractor and has not provided written claims and/or objections to the Contractor.
6. RESPONSIBILITY OF THE PARTIES
6.1. The parties are responsible for failure to fulfill or improper fulfillment of obligations in accordance with the provisions of this Agreement, the Civil Code of the Russian Federation, and the Charter of Motor Transport.
6.2. The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances or extraordinary events that arose after the conclusion of the Agreement, which the parties could not foresee and prevent.
7. TERM OF THE AGREEMENT
7.1. This agreement comes into force from the moment it is signed by authorized representatives of the parties and is valid for up to a year and can be extended for 1 calendar year if none of the Parties declares its intention to terminate the Agreement.
7.2. Early termination of the Agreement is possible at the request of one of the Parties after settlement of all settlements. The initiator of termination of the Agreement is obliged to notify the other Party of his decision no less than days before the date of termination of the Agreement.
8. FINAL PROVISIONS
8.1. All disputes that arise between the parties during the implementation of the terms of this Agreement are resolved through negotiations, and if no agreement is reached, in the Arbitration Court of the city.
8.2. The parties have the right to transfer their rights and/or obligations under this Agreement to third parties without the written consent of the other party.
8.3. Any changes and additions to this Agreement will be an integral part if they are in writing, duly executed and signed by both parties or their legal representatives.
8.4. All annexes, amendments and additions to this agreement signed by the parties take precedence over the main text of this Agreement.
8.5. This Agreement is drawn up in two original copies having equal legal force, one for each of the Parties.
8.6. The terms of this Agreement, additional agreements thereto and other information received by the Parties in accordance with the Agreement are confidential and not subject to disclosure.
9. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Customer
- Legal address:
- Postal address:
- Phone/fax:
- INN/KPP:
- Current account:
- Bank:
- Correspondent account:
- BIC:
- Signature:
Executor
- Legal address:
- Postal address:
- Phone/fax:
- INN/KPP:
- Current account:
- Bank:
- Correspondent account:
- BIC:
- Signature:
General provisions, conditions of conclusion and liability for violations related to the transportation of goods are regulated.
Features of document preparation
Legal regulation
Depending on the type of transport used to transport cargo, legal relations related to the transportation of cargo are regulated by other federal laws, as instilled by transport charters and codes, for example:
- Charter railway transport RF.
- Charter of motor transport of the Russian Federation
These charters and codes provide for the specific regulation of transport operations provided for in certain types transport, and the contract for the carriage of goods is drawn up taking into account the features provided for each type of transport by current legislation.
In addition, if there is conflict situations, related to the transportation of goods, the Law of the Russian Federation “On the Protection of Consumer Rights” applies to carriers, along with other legislative acts.
According to the contract of carriage, the carrier undertakes to deliver the cargo entrusted to him to the place specified by the sender and hand it over to the recipient of the goods, and the sender undertakes to pay for the services of transporting the goods.
A simple written form for concluding a transportation contract is provided, that is, drawing up a contract is not necessary. As a rule, the contract of carriage is confirmed by delivery of the waybill or bill of lading to the carrier.
Transportation executed in the form of a contract is concluded on the basis of civil contracts, and must contain:
- The name of the sender and recipient of the cargo, indicating the persons who represent them, as well as documents confirming their authority.
- Point of departure and delivery of cargo.
- Services provided by the carrier may include not only delivery of cargo to the destination, but also conditions for loading, unloading, storage, as well as delivery to the proper recipient -.
- Transportation period. According to transport charters and codes, the period for transporting cargo is not specified, then the cargo must be delivered within a reasonable time.
- Rights and obligations of the parties.
- Freight charge due to the carrier for the execution of the contract of carriage. According to Art. - Civil Code of the Russian Federation, the carrier has the right to detain the sender’s cargo if he has not made payment for its transportation.
Responsibilities of the parties under the contract
Current legislation provides for the responsibilities of the parties:
- In case of violation of transportation obligations - .
- For failure to deliver a vehicle, responsibility rests with the carrier, and for failure to use the delivered vehicle, responsibility rests with the sender. The exception is cases if this occurred as a result of a natural disaster, force majeure, or a restriction or complete cessation of the transportation of goods in certain directions, in the manner prescribed by the current transport charter or code.
- For loss, damage or shortage of cargo, liability is assigned to the carrier if he fails to prove that this occurred due to circumstances that he could not prevent. The sender has the right to receive damages from the carrier for loss, shortage or damage to the cargo, as well as payment paid to the carrier for the transportation of the cargo -.
There is a pre-trial procedure for resolving the dispute, namely filing a claim with the carrier. A claim is brought only after the carrier refuses to fully or partially satisfy the requirements presented in the claim. If the carrier has not responded to the claim in any way, then the claim may be brought after 30 days from the date of receipt of the claim.
Completed sample document
AGREEMENT
cargo transportation
________________ "__"___________ 20___
_______________________________________________________________,
(name of the company transporting the goods)
hereinafter referred to as the “Carrier”, represented by _________________________
(position, full name)
(Charter, regulations)
on the one hand, and _________________________________________________,
(name of the company sending the goods)
hereinafter referred to as the “Sender”, represented by ________________________
____________________________________________________________________,
(position, full name)
acting on the basis of __________________________________________,
(Charter, regulations)
on the other hand, have entered into this agreement as follows.
1. Subject of the agreement. Freight charge
1.1. Under this agreement, the Carrier undertakes to deliver the cargo entrusted to him by the Sender _____________________________________
(name, quality,
other individual characteristics)
in the amount of ________________________________, hereinafter referred to as
(in numbers and words)
"Cargo", to the following destination: ______________________________,
(Name)
deliver the cargo to the Recipient, and the Sender undertakes to pay the fee established by this agreement for the transportation of cargo.
1.2. The conclusion of this agreement is confirmed by the preparation and issuance by the Carrier of a bill of lading (another document for the cargo) to the Sender.
1.3. The shipping fee is: ______________________
____________________________________________________________________.
1.4. Cargo transportation is paid within the following terms and in the following order: ___________________________________________________
____________________________________________________________________.
1.5. The carrier is obliged to deliver the cargo to the destination within the time period specified by transport charters and codes, or within a reasonable time.
1.6. Work and services performed by the Carrier at the request of the Sender and not provided for in this agreement are paid for by the Sender by additional agreement of the parties.
1.7. The carrier has the right to retain the cargo transferred to him for transportation as security for the carriage charge due to him and other payments for transportation.
2. Supply of vehicles. Loading and unloading cargo
2.1. The Carrier is obliged to provide the Sender of the cargo with serviceable vehicles in a condition suitable for transportation of cargo for loading within the following period: ___________________________________________.
2.2. The sender has the right to refuse submitted vehicles that are not suitable for transporting cargo.
2.3. Loading (unloading) of cargo is carried out by the Sender (Recipient) within the following periods and in the following order: ______________
____________________________________________________________________,
and also in compliance with the provisions established by transport charters, codes and rules.
3. Responsibility of the parties for violation of transportation obligations
3.1. In case of non-fulfillment or improper fulfillment of transportation obligations, the Parties bear responsibility established by other legal acts, as well as the following responsibility established by agreement of the Parties: __________________
_____________________________________________________________________
____________________________________________________________________.
3.2. Agreements of the Parties to limit or eliminate the Carrier’s statutory liability are invalid, except for cases where the possibility of such agreements during the transportation of cargo is provided for by transport charters and codes.
3.3. The carrier for failure to provide vehicles for the transportation of goods within the period stipulated. of this agreement, and the Sender for failure to present the cargo or failure to use the provided vehicles bears the responsibility established by legal acts, as well as the following responsibility provided for by agreement of the parties: _________________________________________________
____________________________________________________________________.
3.4. The Carrier and the Sender are released from liability in the event of non-delivery of vehicles or non-use of supplied vehicles, if this occurred due to: force majeure, as well as due to other natural phenomena (fires, drifts, floods) and military actions; termination or restriction of cargo transportation in certain directions established in the manner prescribed by ______________
____________________________________________________________________,
in other cases provided for by _____________________________________
____________________________________________________________________.
(name of transport charter or code)
4. Carrier's liability for loss, shortage and damage to cargo
4.1. The Carrier is responsible for the safety of the cargo that occurred after it was accepted for transportation and before delivery to the Recipient, unless it proves that the loss, shortage or damage to the cargo occurred due to circumstances that the Carrier could not prevent and the elimination of which did not depend on it.
4.2. Damage caused during cargo transportation is compensated by the Carrier in the following amount:
- in case of loss or shortage of cargo - in the amount of the cost of the lost or missing cargo;
- in case of damage to the cargo - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo - in the amount of its value;
- in case of loss of cargo handed over for transportation with a declaration of its value - in the amount of the declared value of the cargo.
The cost of the cargo is determined based on its price indicated in the Seller’s invoice, and in the absence of an invoice, based on the price that, under comparable circumstances, is usually charged for similar goods.
4.3. The Carrier, along with compensation for established damage caused by loss, shortage or damage to the cargo, returns to the Sender the freight charge collected for the transportation of lost, missing, spoiled or damaged cargo, since, according to this agreement, this fee is not included in the cost of the cargo.
4.4. Documents on the reasons for the non-preservation of the cargo (commercial act, act general form etc.), drawn up by the Carrier unilaterally, are subject in the event of a dispute to be assessed by the court along with other documents certifying the circumstances that may serve as the basis for liability of the Carrier, Sender or Recipient of the cargo.
5. Final provisions
5.1. Before filing a claim against the Carrier arising from the carriage of goods, the Sender (Recipient) is obliged to present a claim to him in the manner prescribed by ___________________________________________________________.
(name of transport charter or code)
5.2. In everything else not regulated by this agreement, there will be
the provisions of ________________________________________________ apply.
(name of transport charter or code)
5.3. The Agreement comes into force from the moment it is signed and is drawn up in _______ copies.
5.4. Addresses and bank details Side.
Sender: ___________________________________________________
_____________________________________________________________________
Carrier: _____________________________________________________
_____________________________________________________________________
Sender Carrier
_____________________ _______________________
Agreement on the provision of transport services
201__ Saint Petersburg
Individual entrepreneur Nikitin Maxim Valerievich, acting on the basis of a certificate of state registration individual as individual entrepreneur series 78 No. 006959304, issued by MINFS No. 15 for St. Petersburg on August 21, 2008, hereinafter referred to as "Executor", on the one hand and ______________________________ _____________________________________ , hereinafter referred to as "Customer", represented by ______________________________________________________________________________________________, on the other hand, have entered into this agreement as follows:
- Subject of the agreement.
In accordance with this Agreement Executor undertakes to carry out freight transportation using its own transport, as well as loading and unloading operations on behalf of Customer, A Customer undertakes to pay for the transport services provided in the manner and within the terms provided for in the Agreement.
- Rights and obligations of the parties.
2.1. Rights and Responsibilities 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 services rendered Performer transport services.
2.1.3. Customer has the right to control the progress of work.
2.2. Rights and Responsibilities Performer:
2.2.1Executor undertakes to transport the goods Customer, perform loading and unloading operations.
3.Cost of services and payment procedure.
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 by notification.
3.3. Payment for services CustomerTo the performer carried out before/during/after completion of work.
4. Responsibility of the parties.
4.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties are liable in accordance with the legislation of the Russian Federation.
4.2. Customer bears responsibility for late payment of services rendered Performer services in the amount 1% for each day of delay.
4.3. The parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement if it is a consequence of force majeure circumstances. The period for fulfillment of contractual obligations is automatically extended for the duration of these circumstances. Upon termination of force majeure circumstances, the parties restore relations until full fulfillment of their obligations under this Agreement.
4.4. The party for which it is impossible to fulfill its obligations under the Agreement is obliged to immediately notify the other party of the occurrence or termination of the above obligations. Untimely notification of force majeure circumstances deprives the relevant party of the right to consider them the reason for failure to comply with the terms of this Agreement.
5. Duration of the contract.
5.1. The contract is valid from the moment of signing until the completion of the work, payment of the invoice and signing by the parties of the work completion certificate.
5.2. If neither party terminates the contract before expiration, the contract is extended.
5.3. Customer has the right to terminate the contract unilaterally after completion of all settlements with Performer.
5.4.Executor has the right to terminate the contract unilaterally in case of late payment Customer services provided.
5.5. Executor has the right to terminate the contract unilaterally with notice Customer for 10 (ten) days.
6. Details and signatures of the parties.
____________________/ Nikitin M.V../ ____________________/____________________/
The contract for the carriage of goods by road is the dominant contract in the transport document flow system, because it is it that facilitates the fulfillment of delivery obligations material assets to the recipient.
A cargo transportation contract is defined as an agreement between the carrier and the shipper, according to which the former undertakes to transport the products entrusted to him to the destination and deliver them to the person entitled to receive them. The shipper according to the contract for transport transportation undertakes to timely pay for the services provided.
The written form of the contract for transport services is predetermined by the carrier company’s obligation to draw up and issue to the sender of material assets the appropriate document on their acceptance for delivery. Such a document is a waybill. Handing over the cargo to the carrier, who in turn issues a document confirming the acceptance of the goods for transportation, provides grounds for classifying the cargo delivery agreement as a real civil law contract.
Contract of carriage for road transport is urgent, since the period of its validity is determined by the deadline for the fulfillment of obligations by the carrier. Such a period can be established either by agreement of the parties or by regulation.
The contract for the provision of transport services is compensated, since each of the parties entering into it implies the satisfaction of a property interest.
When concluding a contract for the carriage of goods, the parties are transport company(carrier, performer) and shipper (customer) - the legal owner of the transported material assets, a forwarder or another person authorized by the owner of the goods. The carrier's responsibilities include not only the acceptance and delivery of cargo, but also its delivery to the consignee.
It turns out that under the terms of the contract for the carriage of goods, the parties to the relationship are three parties: the sender, the transport company and the recipient. At the same time, it is obvious that the road transportation contract in its own way legal status- This is a two-sided document. Such unusual situation in contract law became the reason for lively and lengthy discussions in the legal literature, where the object of dispute was the legal status of the consignee.
In terms of its content, a standard cargo transportation contract belongs to the well-known contractual type - an agreement in favor of a third party, when the recipient of the cargo, who is not actually a party to the contract, has specific rights and bears corresponding obligations.
Without taking part in the conclusion of an agreement for the organization of road transport, the recipient of the cargo nevertheless acquires the right to claim against the carrier for the delivery of products at the destination. If the transport company fails to fulfill its obligation to deliver the cargo to its destination, the recipient has the right to present claims to it regarding the loss of material assets. In case of improper performance of transport services - claims for damage or shortage of cargo, as well as for failure to meet delivery deadlines.
According to the terms of the contract for the provision of cargo transportation services, transport time (transportation duration) is determined, that is, the time during which vehicles perform the entire set of cargo, technical, and commercial operations at the loading point, along the route and at the destination. The time factor is not only economic category, but also legal, since all major movements of products are regulated by the deadlines for fulfilling transport obligations in the law or contract road transportation cargo.
An agreement 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 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 cargo or passengers to the specified address. In this case, the other party (the customer represented by the administration of the institution, organization, enterprise or individual) must provide the relevant documents for the cargo and timely pay certain expenses in accordance with the preliminary agreement. In addition, other points are stipulated, including the actions of the parties during the offensive emergency situations: force majeure, change in transportation conditions, fuel tariffs, etc.
Features of contracts for transport services
Considering 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 us 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 intentional or forced non-fulfillment will be most fully and accurately defined, not only for the contractor, but also for the customer.
By downloading a standard sample for free, you can add or reduce certain points, taking into account the specifics of a particular transaction, before filling it out. In any case, the transport contract must contain the following sections:
- Legal statuses of the parties and the subject of the agreement.
- Deadlines for fulfillment of obligations.
- Rights and responsibilities.
- Cost and payment procedure.
- Liability and dispute resolution.
- Special conditions.
- Details.
- Additions.
What can be added to a standard transport contract?
In addition to the mandatory clauses, the contract for transport services can be supplemented with the following provisions:
- conditions and sequence of fulfillment of obligations;
- degree of confidentiality;
- liability of the parties for disclosure of trade secrets;
- procedure for monitoring (reconciliation) of fulfillment of obligations;
- transportation routes;
- methods of interaction (communication) during acceptance, transportation and receipt of cargo, etc.
If necessary, you can consult our lawyers about filling out the contract, taking into account certain circumstances and characteristics of the cargo.
Remember , the more detailed all aspects of the upcoming transaction are discussed, the greater the likelihood of avoiding possible risks.
Applications and add-ons
IN standard sample The contract for transport services provides for the following annexes and accompanying documents:
- List of services, including related ones, within the framework of the stipulated obligations.
- Transportation (carriage) and payment schedules.
- Acceptance certificates.
- Cost and expense reports.
- Additional agreements.
- Acts of disagreements and their agreements.
Download the contract for technical specifications
If you have not found the answer to your question or there are still misunderstandings, please contact free consultation contact a lawyer in chat on our website
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