Standard contract for the provision of transport services (sample form). Agreement for the provision of transport services Sample agreement for transport services
______________ "___" __________ 20___
Hereinafter referred to as the Customer, represented by _________________________________________________, acting on the basis of ____________ , on the one hand, and ______________________________________________, hereinafter referred to as the Contractor, represented by ___________________________________________________________, acting on the basis of ____________________, on the other hand, hereinafter referred to as the Parties, have entered into this Agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. In accordance with this Agreement, the Customer instructs, and the Contractor provides, services for organizing the transportation of import-export cargo by any means of transport, both on the territory of the Russian Federation and on the territory of foreign countries.
Clause 1 of Art. applies to the legal relationship between the Contractor and the Customer under clause 1.1. 164 Tax Code of the Russian Federation.
1.2. The scope of the Contractor's services is determined by this Agreement and the Application (Appendix No. 1), which is drawn up by the Customer and is an integral part of this Agreement. The Application contains information about transportation conditions, sender, recipient and description of the cargo.
1.3. In accordance with this agreement, the Customer instructs, and the Contractor provides, services for the preparation of transportation documents, documents for customs purposes and other documents necessary for the transportation of goods.
2. CONDITIONS OF CARGO FORWARDING
2.1. The cargo is accepted for forwarding based on the Application submitted by the Customer.
2.2. The Customer submits a written Application to the Contractor during the working day preceding the date of acceptance of the cargo for transportation.
2.3. An application received by the Contractor by fax or e-mail is equivalent to a written one and has full legal force.
2.4. The cargo is accepted during the working day of the shipment date agreed upon by the Parties, according to the number of packed indivisible pieces, without inspection and checking the contents for internal completeness and the presence of obvious or hidden defects.
2.5. The container or packaging must have a clean outer surface and not have sharp corners, protrusions, or anything else that could lead to damage or contamination of the carrier’s vehicle, as well as other cargo transported with it. The container or packaging must ensure the safety of the cargo throughout transportation and transshipment and comply with GOST and TU.
2.6. The basis for accepting the cargo is a power of attorney to receive goods and materials and the Contractor’s waybill (hereinafter referred to as the “Waybill”). The Consignment Note contains information about the sender, recipient, and characteristics of the cargo. Acceptance of cargo for forwarding is certified by the signature of the sender and the Contractor in all copies of the Waybill, one copy of which is handed over to the sender.
2.7. Acceptance of cargo for forwarding is accompanied by the transfer by the sender of shipping documents (bill of lading, invoices, certificates, etc.).
2.8. The Contractor organizes delivery of the Customer’s cargo to the airport, railway station, destination terminal or “to the door” of the recipient. Transportation on a “door-to-door” basis includes delivery of cargo to a warehouse building, the consignee’s office, or to the entrance of a residential building if the recipient is an individual.
2.9. Provided that the cargo is delivered “to the door,” receipt of the cargo is certified by the signature and seal (stamp) of the consignee in the Consignment Note. If the consignee is an individual, then the Consignment Note indicates the passport details of the recipient, certified by his signature.
2.10. A standard cargo item is considered to be a cargo item with dimensions up to 100 x 50 x 50 cm and weighing up to 80 kg. The possibility of sending non-standard cargo items is agreed upon by the Parties separately, upon the written request of the Customer.
2.11. Banknotes, securities, credit cards, jewelry, products made of precious metals, food, strong narcotic and psychotropic substances, firearms, pneumatic weapons, gas weapons, ammunition, bladed weapons, including throwing weapons, are not accepted for forwarding.
2.12. The possibility of sending dangerous and valuable cargo is agreed upon by the Parties separately, upon the written request of the Customer.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1 Performer:
3.1.1 has the right to independently determine the type of transport, the route of cargo transportation, the sequence of cargo transportation by various modes of transport, depending on the address of the recipient, the nature and cost of the shipment, based on the interests of the Customer.
3.1.2 has the right not to begin fulfilling its duties until the Customer provides documents, as well as other information necessary for the execution of this Agreement.
3.1.3 has the right to check the correctness of the volumetric and physical weight specified by the Customer in the Invoice for special equipment in the warehouse. The basis for determining the cost of transportation is the data specified in the carrier’s invoice.
3.1.4 has the right not to accept the cargo for transportation if the packaging does not correspond to the nature of the cargo. By prior agreement of the Parties, the Contractor may carry out packaging at the Customer’s expense in order to prevent possible loss, shortage or damage to the cargo during transportation.
3.1.5 has the right to set and change tariffs for transport and forwarding services and publish information about tariffs and services on the Contractor’s website on the Internet (www._______).
3.1.6 has the right to advise the Customer on the issues of reducing costs for individual operations, increasing the efficiency of shipments by choosing rational routes.
3.1.7 has the right to issue invoices for each hour of vehicle downtime and for idle vehicle mileage due to the fault of the Customer.
Downtime is understood as the time the vehicle was at the loading/unloading address, during which the sender/recipient did not perform any actions aimed at issuing the cargo to the Forwarder and completing the necessary documents.
Idle mileage means the delivery of a vehicle for loading/unloading, during which the cargo was not received for transportation or the cargo was not delivered to the recipient due to the fault of the sender/recipient.
3.1.8 is obliged, upon acceptance of the cargo, to issue to the sender the Contractor’s power of attorney to receive the goods and materials and the Waybill.
3.1.9 is obliged, on behalf of the Customer, to organize storage of cargo in a warehouse in accordance with the cost of additional services of the Contractor agreed by the Parties.
3.1.10 is obliged, on behalf of and at the expense of the Customer, to organize the transportation of cargo across the territory of the Russian Federation, accompanied by armed guards.
3.1.11 is obliged, on behalf of the Customer, to conclude an agreement to insure the cargo against the risks of complete loss, loss, damage to the cargo for the period of its transportation. According to the concluded insurance contract, the beneficiary is the Customer.
3.1.12 is obliged, at the Customer’s request, to provide data on the location of the cargo, as well as ensure the availability of information about the status of cargo delivery on the Contractor’s website on the Internet.
3.2 Customer:
3.2.1 has the right to choose the route and type of transport.
3.2.2 has the right to demand that the Contractor provide information about the process of cargo transportation.
3.2.3 is obliged to promptly provide the Contractor with complete, accurate and reliable information about the properties of the cargo, the conditions of its transportation and other information necessary for the fulfillment of obligations by the Contractor and documents necessary for the implementation of customs, sanitary control, and other types of government control.
3.2.4 is obliged to ensure the readiness of the cargo, marking and packaging that corresponds to the nature of the cargo and ensures complete safety of the cargo during transportation.
3.2.5 is obliged to correctly and legibly fill out and sign the Invoice provided by the Contractor.
3.2.6 is obliged to provide original documents or their duly certified copies if representatives of regulatory authorities have doubts about the reliability of the information provided about the cargo.
3.2.7 is obliged to ensure that the nature of the cargo specified in the Application corresponds to the nature of the cargo actually received by the Contractor.
3.2.8 is obliged to pay the Contractor the cost of services in the amount and manner established by this Agreement.
4. PAYMENT PROCEDURE
4.1 The cost of services is calculated by the Contractor in Russian rubles in accordance with the Application and based on the physical or volumetric weight of the cargo, route and delivery method. The cost of each transportation is agreed upon by the Parties separately.
4.2 Payment for services is made by the Customer on the basis of invoices issued by the Contractor in Russian rubles upon the provision of services, in the form of non-cash or cash payment in Russian rubles.
4.3 Payment can be made by the Customer in advance in the amount agreed upon by the parties and at the agreed frequency. The advance payment is written off according to the invoices issued.
4.4 Payment of the Contractor's invoices must be made by the Customer within 10 banking days from the receipt of the invoice by fax (but no later than the last calendar day of the month in which the export transportation was organized).
If the Customer fails to comply with the deadlines for paying bills, the Contractor does not guarantee the Customer the taxation of services under the terms of clause 1 of Art. 164 Tax Code of the Russian Federation.
4.5 The Contractor has the right not to begin executing the Customer’s instructions if there is an overdue debt on the Contractor’s accounts.
4.6 Original documents (invoice and Contract Fulfillment Certificate) are sent to the Customer by mail after fulfilling the conditions of clause 4.4. agreement. In case of failure to receive a signed Act or written objections from the Client within two weeks from the date of drawing up the Act, the Contractor has the right to consider the Act signed without objections.
5. PRIVACY
5.1. The parties undertake to maintain confidentiality about this Agreement (i.e. not to allow the dissemination of information about the terms of the Agreement to other persons).
6. RESPONSIBILITY OF THE PARTIES
6.1 For failure to fulfill or improper fulfillment of obligations stipulated by the contract for the provision of services for organizing the transportation of goods, the Contractor shall be liable on the grounds and in the amount determined in accordance with the legislation of the Russian Federation and this contract.
6.2 If the Contractor proves that the violation of the obligation is caused by improper performance of the contract of carriage, the liability to the Customer of the Contractor who entered into the contract of carriage is determined on the basis of the rules according to which the corresponding carrier is responsible to the Contractor.
6.3 The Contractor is not responsible for the lack of package contents if the integrity of the packaging was not compromised during the delivery process.
6.4 The Contractor is not responsible if the fact of damage and/or opening of the packages was not established by the consignee at the time of acceptance of the cargo, and a bilateral act was not drawn up with the participation of the authorized representative of the Contractor.
6.5 The Customer is responsible for losses caused to the Contractor in connection with failure to fulfill obligations to provide information specified in this Agreement.
6.6 The Customer is responsible in accordance with current legislation that the cargo transferred for shipment to the Contractor does not have attachments prohibited for transportation and was acquired legally.
7. EARLY TERMINATION OF THE AGREEMENT
7.1 Either Party has the right to refuse to fulfill this Agreement by notifying the other Party within 30 days.
7.2 The Party that declares refusal to perform this Agreement shall compensate the other Party for losses caused by termination of this Agreement.
8. FORCE MAJEURE
8.1 The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement in the event of force majeure circumstances (force majeure), such as: natural disasters, fire, uprising, flood, earthquake, military action, war, civil war, and also strikes, actions and regulatory instructions of government bodies that are binding on at least one of the Parties, arising after the conclusion of the Agreement, and provided that these circumstances directly affected the fulfillment of the parties’ obligations.
8.2 If force majeure circumstances arise, the deadline for fulfilling contractual obligations is postponed for the duration of the relevant circumstances. If it is impossible to fulfill obligations within a period of more than 2 months, each of the Parties has the right to terminate this Agreement. In case of termination of the agreement, the Parties shall make full mutual settlements within 5 days.
9. PROCEDURE FOR CONSIDERATION OF DISPUTES
9.1 All disputes and disagreements that may arise under this Agreement must be resolved through negotiations between the Parties.
9.2 If it is impossible to reach an agreement between the Parties, all disputes that may arise under this Agreement shall be submitted to the Arbitration Court ________________ in accordance with the current legislation of the Russian Federation.
10. OTHER TERMS
10.1 The validity period of this Agreement begins from the moment it is signed by both parties and is established until _____________. If neither Party notifies the other Party of termination of the Agreement 30 days before the expiration of the Agreement, then the Agreement is extended for each subsequent calendar year.
10.2 All changes and additions to this Agreement are valid only if they are in writing and signed by authorized representatives of the Parties. All annexes to this Agreement are an integral part of it.
10.3 This Agreement is drawn up in two copies having equal legal force, one copy for each of the Parties.
11. LEGAL ADDRESSES AND DETAILS OF THE PARTIES
- SIGNATURES OF THE PARTIES
CUSTOMER______________________________ _______________/___________ |
EXECUTOR______________________________ _______________/___________ |
Appendix No. 1 to the Agreement for the provision of services for organizing the transportation of goods
No. ____________from “______”______________
Appendix No. 2
to the Agreement for the provision of services for the organization of cargo transportation
No.__________ from “____”________ ____
ACT No.______
Delivery and acceptance of services provided from
Invoice No. dated
By Order No. buyer code
We, the undersigned, the CONTRACTOR ___________________________________________, represented by ___________________________________________, on the one hand, and the CUSTOMER ___________________________________________, on the other hand, have drawn up this act stating that the Contractor provided services for organizing the transportation of cargo worth ___________________________ rubles, including VAT ______________________ rubles. The quality of the services provided fully satisfies the Customer’s requirements, the services are properly executed. This act indicates acceptance of the services provided and serves as the basis for mutual settlements between the Contractor and the Customer.
STANDARD AGREEMENT
for the provision of transport services
_______ "___" _______ 20__
____________________________, hereinafter referred to as "Customer", represented by __________________________________, acting on the basis of ________________, on the one hand, and ________________________________ , hereinafter referred to as "Executor", represented by ______________________________, acting on the basis of ____________, on the other hand, collectively referred to as the “Parties”, have entered into this Agreement for the provision of transport services (hereinafter referred to as the Agreement) as follows:
1. Subject of the Agreement
1.1. The Contractor undertakes, during the term of this Agreement, to provide transport Services for the Customer for the transportation of the Customer’s representatives, technical and other resources of the Customer (hereinafter referred to as the “Cargo”) at the latter’s request, using vehicles owned by the Contractor (hereinafter referred to as the “Services”), in accordance with the needs of the Customer.
1.2. Services under this agreement are considered provided after the Parties sign the Certificate of Acceptance and Delivery of Services Rendered.
1.3. This Agreement comes into force from the moment it is signed by both Parties.
2. Procedure for provision of Services
2.1. The Customer, as the need arises for the provision of Services by the Contractor, two working days before the date of commencement of the provision of Services, prepares in writing, signs on his part and sends to the Contractor an application for the provision of Services under this Agreement (Application Form - Appendix), which indicates characteristics necessary for the provision of Services by the Contractor:
2.1.1. volume of the Customer's Cargo consignment provided for transportation/number of Customer's representatives to be transported;
2.1.2. characteristics of the Cargo (weight, number of units, etc.), transportation route, tariff specified in Appendix No. 1, No. 2 and applied in a specific transportation. If necessary, determined based on the characteristics of the Cargo, the application may also contain additional requirements for the transportation of the Cargo;
2.1.3. deadlines or time of delivery of the Contractor's vehicles;
2.1.4. deadlines or time to complete the Customer’s request.
2.2. The Contractor submits to the Customer an application approved on its part within 1 (One) business day from the date of its receipt from the Customer or, at the same time, requests from the Customer additional information about the characteristics of the cargo necessary for the Contractor to properly fulfill its obligations under this Agreement.
3. Contract price and payment procedure.
3.1. The cost of the Services provided by the Contractor is determined based on the tariffs specified in Appendix No. 1, No. 2 to this Agreement and the Customer’s application agreed upon by the Parties. The basis for payment is the invoice issued by the Contractor after the Parties have signed the relevant Acceptance Certificate for the Services provided and the Contractor has submitted documents in accordance with clause 4.1.4. actual agreement.
3.2. Payment for Services provided duly in accordance with the terms of this Agreement and accepted by the Customer without comments is made by the Customer no later than the 30th day of the month following the reporting month, based on the documents provided by the Contractor specified in clause 4.1.4. actual agreement.
3.3. The reconciliation report for each month of provision of Services is submitted by the Contractor to the Customer no later than the seventh day of the month following the month of provision of Services.
3.4. The moment of payment is considered to be the moment of debiting funds from the correspondent account of the Customer’s bank.
4. Prights and duties of the Performer.
4.1. The performer is obliged:
4.1.1. Ensure the supply of technically sound vehicles ready to transport goods according to requests at the agreed address and time within the time limits specified in the application.
4.1.2. Ensure the safety of the cargo from the moment it is accepted for transportation according to the consignment note (standard interindustry form, approved by Decree of the State Statistics Committee dated January 1, 2001 No. 78) until the moment the cargo is transferred to the Consignee, with the corresponding mark in the consignment note, as well as the safety of passengers during transportation representatives of the Customer.
4.1.3. Provide Services with proper quality and in full.
4.1.4. Submit to the Customer no later than the 3rd day of the month following the reporting month: an acceptance certificate for the Services rendered, invoices with a mark of cargo delivery, certified by the Customer’s seal or another authorized Consignee, the Customer’s coupon, copies of waybills, invoice and invoice invoice. An invoice is issued by the Contractor no later than 5 (five) calendar days from the date of receipt of the payment amount or partial payment for upcoming cargo transportation in the form provided for by the current legislation of the Russian Federation in one copy.
4.1.5. Promptly inform the Customer about any delays that may result in violation of the terms of this Agreement.
4.1.6. Organize compliance with the terms of provision of Services, in accordance with the terms of this Agreement and the Customer’s application.
4.1.7. On our own and at our own expense, ensure the refueling of vehicles and maintain them in technically sound condition in accordance with GOST R, ensuring normal operation for the purposes specified in clause 1.1. of this Agreement, without subsequent rebilling of costs to the Customer.
4.2. The performer has the right:
4.2.1. If the Customer violates the payment deadline for the provision of the Service, suspend the provision of the Services by sending a written notice of this to the Customer 10 calendar days before the planned suspension of the provision of Services under the Agreement.
4.2.2. Refuse to transport Cargo that does not comply with the provided shipping documentation, as well as Cargo for which the specified documentation is not provided by the Customer.
5. Rights and obligations of the Customer.
5.1. The customer is obliged:
5.1.1. Pay for the Contractor's Services if they are properly performed. Sign the Acceptance Certificate for the Services provided by the Contractor, or send a reasoned refusal to sign the relevant Certificate.
5.1.2. Provide the Contractor with the necessary shipping documentation for the transported goods (bill of lading, documents provided for by sanitary, customs, quarantine, and other rules in accordance with the requirements of the legislation of the Russian Federation, certificates, quality passports, certificates, other documents, the availability of which is established by Federal laws, other regulatory legal acts of the Russian Federation).
5.1.3. Carry out loading and unloading of the Cargo using your own forces and means in accordance with existing rules and in compliance with safety requirements within a period of no more than 24 hours from the moment the vehicles are presented for loading.
5.2. The customer has the right:
5.2.1. At any time, check the procedure and quality of provision of Services by the Contractor, without interfering with its activities, except for cases of violation of transportation requirements when providing Services by the Contractor.
6. Responsibility of the parties
6.1. For violation by the Contractor of the contractual obligations specified in clauses 1.1, 4.1.4 of this Agreement, the Customer has the right to make a demand to the Contractor to pay a penalty in the form of a penalty in the amount of 0.1% (zero point one percent) of the cost of the Services, execution which were not carried out due to circumstances for which the Customer is not responsible and/or from the total cost of the Contractor’s Services, documents for which were not submitted in accordance with the requirements of this Agreement for each day of delay until the actual fulfillment of obligations, but not more than 10% (Ten percent) of the cost of the services specified in this paragraph.
6.2. For violation by the Customer of contractual obligations to pay for the Services of the Contractor, the latter has the right to demand payment of a penalty in the amount of 0.1% (zero point one percent) of the amount of the overdue debt for each day of delay until full payment for the transportation.
6.3. If the invoice issued by the Contractor does not comply with the requirements of the legislation of the Russian Federation and the Contractor does not eliminate these shortcomings within 5 days from the receipt of a request for their elimination from the Customer, the latter has the right to recover from the Contractor the amount of penalties imposed by the tax authority.
6.4. The parties present penalties and (or) other sanctions for violation of the terms of contractual obligations, as well as amounts of compensation for losses or other damage under this agreement, made in writing by sending a corresponding demand (claim) for their payment and compensation. At the same time, a written demand (claim) is not a document under this agreement that determines the date of receipt (accrual) by the Parties of income in the form of a penalty and (or) other sanctions for violation of the terms of contractual obligations.
The amount of recovered damages and penalties are reflected in accounting (recognized) from the moment the court decision providing for the collection comes into force, or from the moment the specified amounts are received in the current account if the payment by the guilty Party is made in pre-trial order.
6.5. For possible damage, loss and theft of cargo belonging to the Customer, from the moment the cargo is received by the Contractor, the latter bears full financial responsibility and compensates for direct actual damage caused to the Customer. In this case, the Contractor's liability for loss, shortage and damage (spoilage) of the cargo is determined in accordance with Art. 796 of the Civil Code of the Russian Federation.
6.6. For violation by the Contractor of the terms of provision of Services specified in the Customer’s application, the Customer has the right to present to the Contractor a requirement to pay a fine in the amount of 3% (three percent) of the cost of the Services, the performance of which was not carried out due to circumstances for which the Customer is not responsible.
6.7. In other cases not provided for in this Agreement, the Parties bear responsibility in accordance with the legislation of the Russian Federation.
7. Procedure for termination of the Agreement
7.1. The Customer has the right to refuse to fulfill this Agreement unilaterally by notifying the Contractor in writing in the following cases:
Delay by the Contractor in the commencement of the provision of Services for more than 7 (seven) days for reasons beyond the control of the Customer;
Delay by the Contractor in providing the Services by more than 7 (Seven) days, except for the cases established by clause 4.2.1 of this Agreement;
The entry into force of acts of state bodies depriving the Contractor of the right to provide Services or perform work.
In the cases specified in this paragraph, the Agreement is considered terminated from the date the Contractor receives the Customer’s written notice, or from the date specified in the relevant notice.
7.2. If the Agreement is terminated by agreement of the Parties or unilaterally, the Customer pays the Contractor the cost of the Services actually provided at the time of termination of this Agreement.
8. Force majeure circumstances
8.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was a consequence of force majeure that arose after the conclusion of this Agreement as a result of extraordinary circumstances that the Parties could not foresee or prevent, including fires, floods, natural disasters , acts of authorized authorities of the Russian Federation, the effect of which applies to the Parties to this Agreement.
8.2. If the circumstances specified in clause 8.1 occur. of this Agreement, each Party must immediately notify the other Party about them in writing. The notice must contain information about the nature of the circumstances, as well as official documents certifying the existence of these circumstances. Sufficient confirmation of the occurrence and existence of force majeure circumstances will be a document issued by the relevant competent authority.
8.3. In cases of the occurrence of the circumstances provided for in clause 8.1 of the Agreement, the period for the Party to fulfill its obligations under this Agreement is postponed in proportion to the time during which these circumstances and their consequences apply.
8.4. If force majeure circumstances or their consequences last more than 2 (two) months, the Parties shall conduct additional negotiations to determine alternative methods of execution of the Agreement.
9. Dispute resolution procedure
9.1. Disputes and disagreements that may arise during the execution of this Agreement are resolved through a claim procedure. The parties set a ten-day period for responding to the claim.
9.2. Disputes between the Parties that are not resolved through negotiations between the Parties are resolved in the Arbitration Court ____________.
10. Additional terms
10.1. The Parties agree that all documentation under this Agreement transmitted by fax will have legal force, provided that the originals are provided to the recipient Party within 5 (five) days from the date of sending by fax.
10.2. The Contractor does not have the right to assign rights of claim against the Customer to third parties without obtaining the prior written consent of the Customer.
10.3. All changes and additions to this Agreement have legal force and bind the Parties when they are made in writing and signed by authorized representatives of the Parties to this Agreement, and also sealed by the Parties.
10.4. The Agreement is drawn up in two copies having equal legal force, one for each of the Parties to the Agreement.
10.5. Relations between the Parties not regulated by this Agreement are subject to the provisions of the Civil Code of the Russian Federation, the Federal Law of November 8, 2007 “Charter of Road Transport and Urban Ground Electric Transport”, General Rules for the Transportation of Goods by Road, approved by the Ministry of Automobile Transport of the RSFSR on July 30, 1971, and other provisions legislation of the Russian Federation.
11. Duration of the Agreement
11.1. This Agreement comes into force from the moment it is signed by both Parties and is valid until “___” _______ 20___, and in terms of settlements - until they are fully completed.
11.2. If 30 (Thirty) days before the expiration of this Agreement, neither Party notifies the other Party in writing of the termination of the Agreement, the term of the Agreement is considered extended on similar terms for the next calendar year.
12. Appendices to the agreement
12.1. List of appendices to this agreement:
Appendix – Tariffs for services;
Appendix – Agreement on the cost of tariffs for the transportation of passengers;
Appendix – Application form for the provision of transport services (carriage of goods (passengers).
13. Legal addresses and details of the parties:
EXECUTOR | CUSTOMER _____________________/____________ |
Application
RATES FOR SERVICES
Vehicle name | Load capacity, tons | Price for 1 machine/hour, rub., including VAT | Price per 1 km run, rub., including VAT | Price per 1 t. km of transportation, rub., including VAT |
|
EXECUTOR _____________________/____________ | CUSTOMER _____________________/____________ |
Application
to Agreement No.____ dated ____”_______20__
Agreement on the cost of tariffs for the transportation of passengers
car model | Price 1 machine hour per shift | Total |
Note: All rates include VAT.
EXECUTOR _____________________/____________ | CUSTOMER _____________________/____________ |
Application
to Agreement No.____ dated ____”_______20__
Application form No. _______ dated "____" _______________ 20___ |
|||||||
for the provision of transport services (carriage of goods (passengers) |
|||||||
from (name of customer)__________________________________________________________ | |||||||
car model | Number of passengers, cargo characteristics | Delivery route | Date of, departure time; arrival date | Purpose of the trip | Responsible |
||
Place of delivery (from) | Destination (where) |
||||||
Note: 1. The consignment note is drawn up by the shipper. 2. Loading of cargo into a vehicle is carried out by the consignor, and unloading of cargo from the vehicle is carried out by the consignee. |
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Person responsible for safe operation | |||||||
transport | __________________________________________ | ||||||
(full name, position) | |||||||
Customer's signature | __________________ | ||||||
tel.: | (full name, position) | ||||||
Contract for the provision of motor transport services No. __
______________ "__" _______ 2014__
Represented by ______________ hereinafter referred to as "Customer", acting on the basis of ______________ on the one hand, and LLC "_______" represented by the director ________________., acting on the basis of the Charter, hereinafter referred to as "Executor", on the other hand, have entered into this agreement as follows:
1. The Subject of the Agreement
1.1. The Contractor undertakes to provide for the Customer, at his request, a vehicle with a driver for the transportation of goods, and the Customer undertakes to pay for the Contractor’s services.
2. Payment procedure
2.1 Payment for motor transport services is made by the Customer through mutual settlements. If there is a difference in debts and it is impossible to set off, payment is made by transferring funds to the Contractor's bank account.
2.2 The Customer makes payments for the work performed within 10 days from the date of receipt of the Contractor’s invoice (demand).
2.3. The cost of services provided is determined by the parties based on the work actually performed in accordance with the waybill or service acceptance certificate.
2.4. The day of payment is considered to be the day the debts are offset or funds are credited to the Contractor's account.
3. Rights and obligations of the parties
3.1. The customer undertakes :
- Provide the Contractor with information about the order in written or oral form, no less than 24 hours or in real time for execution before the start of execution of the order.
- Accept services and pay for them in accordance with the terms of this agreement.
- Ensure the operation of vehicles without downtime.
- In case of underload of transport or empty mileage, pay according to the carrying capacity of the vehicle.
- Use vehicles only for the purpose specified in the application.
3.2. The Contractor undertakes:
- Start providing services under this agreement from the moment the agreement is signed.
- Provide the services entrusted to him properly, in accordance with the requirements for services of this type, subject to financing and receiving from the Customer the information necessary for the provision of services.
3.3. The performer has the right:
- Involve other persons in the execution of the contract, being responsible to the Customer for the results of their services.
4. Procedure for accepting services
4.1. After the Contractor has provided the service entrusted to him, the Customer is obliged, with the participation of the Contractor, to accept its result. Acceptance of services provided is formalized by the parties signing a service acceptance certificate.
5. Termination of the contract.
5.1. The Customer has the right to refuse to perform services subject to payment to the Contractor for the expenses actually incurred by him, having previously notified the Contractor at least 3 days before termination of the contract.
5.2. The Contractor has the right to refuse to perform services by notifying the Customer at least 3 days before termination of the contract.
5.3. In the event that the impossibility of fulfilling the order arose due to circumstances for which neither party is responsible, the Customer shall reimburse the Contractor for the actual expenses incurred.
6. Responsibility of the parties
6.3. In case of failure to comply with the terms of this agreement, the parties are liable in accordance with the current legislation of the Russian Federation.
6.4. In case of late payment, the Customer pays the Contractor a penalty in the amount of 0.1% of the unpaid amount for each day of late payment.
7. Additional terms
7.1. This agreement comes into force from the moment it is signed by both parties and is valid for a year from the date of its conclusion
7.2. All disputes related to this agreement are resolved by agreement of the parties, and if no agreement is reached, in arbitration court. A dispute may be referred to the court only after the Parties comply with the pre-trial (claim) procedure for resolving disputes.
7.3. All changes and additions to the agreement are valid if they are in writing and signed by both parties.
7.4. If neither party declares termination of the contract after the end of its term, then the contract is considered extended for the next period (the contract period is considered to be a calendar year).
8. Legal addresses, details.
Transport lines around the globe allow any type of vehicle to carry out its work. In most cases, transport delivers goods, transports people and carries out expeditions. For any type of such activity, an agreement must be concluded, which has its differences on some points, but otherwise everything is filled out according to a single template.
Who can enter into an agreement for the provision of transport services?
Any person who has one way or another, direct or indirect relation to transport, can enter into an agreement for transport services. The role of customer and performer can be:- ordinary people (individuals);
- (legal entities);
- enterprises (CJSC, LLC, partnerships);
- commercial or non-commercial services.
What is the form, structure and content of the agreement?
The contract can be in writing or verbal (which is rare). A4 paper is used for writing.The transaction form can be drawn up in printed form or filled out by hand on a previously prepared sample.
In most cases, the agreement is written only for both parties, but it can be multiplied by a larger number of people (3 or 4, if the customer or contractor is an organization).
Content The agreement has the following clauses:
- the contractor and the customer are registered;
- the service to be provided;
- pricing policy and type of payment (cash or card, in rubles or foreign currency);
- the period of existence of the agreement and service;
- responsibilities of both parties;
- liability for non-compliance with the terms of the agreement;
- controversial issues and how to regulate them;
- possible reasons for canceling the agreement.
An important point will be to write down the financial component of the question, namely whether an advance is necessary, the period of time for making it, the method of payment, the bank accounts where the amount will be transferred.
Payment for transport services by card must be accompanied by confirmation from the bank.
As additional information, you can describe in the agreement the result of the service provided, the quality and criteria of the work performed. The customer must draw up a report or statement of the accepted work.
Suddenly arising additional circumstances that were not previously specified in the contract should also be reflected in it, but not by adding new information to the contract, but by creating a new document - an additional agreement on the same model as the main contract.
Structure The agreement looks like this:
1. Name of the agreement and number according to the registration inventory.
2. Dating of his conclusion.
3. Who enters into an agreement with whom.
4. Subject of the agreement, namely:
- what the contractor undertakes to provide for the customer (transport and what kind) in order to carry out his work;
- pricing policy and payment procedure.
- customer responsibilities;
- responsibilities of the performer;
7. Payment procedure, namely:
- cost of transport services;
- within what time it is necessary to transfer part of the funds;
- how payment will be made;
- when full payment of the entire cost of the service will be made;
- conditions for accepting the work done (“acceptance” of services), namely, after the service is provided, the customer accepts the result of the work in the form of documentary support, that is, an act of acceptance and delivery of the service is drawn up.
9. Period of validity of the agreement.
10. Additional information (final provisions), namely:
- at what point does the agreement come into legal force;
- how and in what way controversial situations are resolved (usually this happens in arbitration court);
- that new additional information is considered legal only after it is completed and signed by both parties;
- that the lack of information about the termination of the agreement from one of the parties allows the agreement to end on its own before the new calendar year.
Duration of the agreement
The agreement applies to long-term contracts. The deal begins after both parties sign the agreement and until cancellation. It is usually concluded for a year or two.
It is renewed for a one-year period unless there is a desire to stop working with each other, and if neither party intends to cancel the contract.
In some cases, the transaction is terminated ahead of schedule, then the contract period is reduced. Cancellation occurs at the decision of one of the parties to the contract, while notice is sent to the opposite party with whom the agreement is required to be terminated, usually a week before the official termination.
Standard contract for the provision of transport services
This is a sample agreement, which is a template and sample for drawing up an agreement for certain types of transport services. It has the same clauses as other agreements (rights and obligations of the parties, duration of the agreement, etc.), but here the clause “Force Majeure” is added, that is, contradictions of the parties and methods for resolving them. In addition, cash calculations and pricing policies are combined in a standard form.Features of the contract for the provision of transport and forwarding services
The contract is a civil law type of agreement. At the same time, it is independent and paid, that is, the performer is entitled to a sum of money for the work performed. These types of services include:- transportation of goods along pre-designed routes;
- concluding agreements for cargo;
- escorting cargo to the point of arrival;
- cargo storage;
- folding and removing goods;
- checking the quality and condition of the goods;
- acceptance of relevant documentation for the transported goods;
- payment of government taxes and other costs when transporting the client’s goods.
- market enterprises;
- individual entrepreneurs.
The text part of the contract must include the following points:
- essence of the transaction;
- terminology used in the text of the agreement, with its explanation;
- rights and obligations of the parties;
- liability for violation of the terms of the contract;
- calculations of funds for work performed;
- the period of validity of the contract and the conditions for its cancellation;
- claims and ways to resolve controversial issues;
- general provisions;
- addresses and details of persons concluding the contract.
- transportation of cargo along a previously specified route;
- provision of services specified in the contract;
- notification of receipt of false information to the client;
- demand payment for work performed.
- payment of funds for cargo delivery;
- give route instructions to the forwarder;
- has the right not to fulfill the terms of the contract and to cancel the agreement by warning the opposite party.
The form of the contract is written. After accepting the goods, the forwarder is issued a certificate of receipt.
After watching this video, you will familiarize yourself in detail with the contract of transport and forwarding services. Find out what its features and differences from other agreements are.
Features of the agreement for the provision of freight transportation
The agreement for the provision of freight transportation is paid and bilateral. In addition, there may be an outsider in the contract who is also given certain rights and responsibilities for transporting the goods. The agreement is considered valid from the moment of its conclusion.The contract is drawn up in a slightly different format, namely by issuing invoices, receipts and other forms of documents that are provided by transport services.
Payment for delivery of cargo to the required place is strictly controlled and paid according to tariffs.
Agreements are concluded with the transport that will carry out the transportation; therefore, agreements can be of the following types:
- on the transportation of goods by public transport;
- by rail;
- water transport;
- by air transport.
Features of the agreement for the provision of motor transport services
An agreement for the provision of transport services is drawn up according to the same rules as a regular transport contract. The difference is that here there are some organizations (LLC, CJSC, etc.) in the role of customer and performer.In addition, outsiders may take part in the contract, who can act either as a customer or as a performer. It turns out that two people will either carry out the order or give instructions for its execution.
The contract for the provision of transport services may vary. It all depends on the type of service provided and the transport that will be used as the transported instrument. The contracts do not differ significantly; in some cases, separate drafting is not even required, and the participants make do with only invoices or receipts (for example, freight transportation).
An agreement, the subject of which is the provision of transport services, belongs to the category of agreements providing for financial settlements between the parties. Its conclusion is necessary when performing tasks for transporting goods or providing other transport services.
Sample of drawing up a contract
In accordance with the terms of the contract for the provision of transport services, the contractor undertakes to provide the customer with a vehicle within the established time frame and for a certain period. In turn, the customer has an obligation to pay for the service provided in the amount specified in the contract.
As a rule, part of the financial settlements is carried out on an advance payment basis, based on the invoice issued by the contractor. The fact of provision of services is confirmed by the issued waybill, after which the final payment for the work performed is made.
The signing of an agreement for the provision of transport services is carried out by both participants, and the document comes into legal force from the moment of its conclusion. The agreement may stipulate the conditions for making changes and amendments to the text of the document, permissible with the consent of the parties.
All disputes and claims arising in the process of fulfilling contractual obligations are considered by the arbitration court. The term of the agreement may be extended (prolonged) for the next calendar year if neither party has initiated cancellation of the agreement.
Obligations of the parties
The text of the agreement provides for the fulfillment of certain obligations for both parties.
The customer is obliged:
- provide the contractor with all necessary information regarding the order. Information is provided in written or oral form 1 business day before the start of the service;
- pay for the service provided in a timely manner, in accordance with the financial section of the contract;
- ensure the safety of the vehicle. The performer bears financial responsibility for damage to property (due to his own fault or the fault of passengers).
The performer is obliged:
- begin performing all the services listed in the text of the contract from the moment the document is signed;
- provide services of appropriate quality that meet all the requirements specified in the agreement.
If the parties fail to fulfill their obligations to each other, the contract provides for liability for violation of the terms: payment of a fine, penalty in the amount determined by law. Most often, the amount of payments is set at 30 percent of the cost of the service. This clause is mandatory in the contract for the provision of transport services.
