Contract for the provision of transport services sample 2018 download
CONTRACT
FOR RENDERING TRANSPORTATION SERVICES No.
Moscow "_____" _______________20______
Limited Liability Company "", hereinafter referred to as the "Carrier", represented by the General Director ____________________, acting on the basis of the Charter, on the one hand,
and ___________________________________________, hereinafter referred to as the "Customer", represented by the General Director _________________________________________________, acting on the basis of the Charter on the other hand, have entered into this Agreement as follows:
- Subject of the contract
1.1. Under this Agreement, the Carrier undertakes to deliver the cargo handed over to him by the Customer (hereinafter referred to as the “Service”), the characteristics of which, the point of loading and the point of destination are indicated in the Application drawn up according to the model given in Appendix No. 1 to the Agreement.
1.2. The application for transportation can be submitted by the Customer by facsimile method or by e-mail in a scanned form at least 6 (six) hours prior to the arrival of the Carrier's vehicles at the loading point.
1.3. The Carrier confirms by facsimile or e-mail its consent to the execution of the Customer's Application no later than 1 (One hour) prior to the time of car delivery.
1.4. The Carrier undertakes to deliver the cargo at the point of destination to the person authorized by the Customer to receive the cargo, hereinafter referred to as the "Consignee". The powers of such a person are confirmed by the presentation of the following documents to the Carrier: a passport and a power of attorney to receive the cargo.
1.5. In the absence of the Consignee at the place of delivery of the goods, the Carrier must contact the Customer and agree on further actions.
1.6. The customer undertakes to pay all costs associated with the carriage of goods in accordance with the applicable tariffs.
2.Calculation procedure
2.1. The contract price consists of the cost of transportation services (car operation) and the cost of loading and unloading services (loader work), which are specified in the Application.
2.2. Payment is made in rubles by bank transfer or in cash within five days from the date of transportation. Other terms of payment are agreed upon in the Application.
In the event of a discrepancy between the preliminary cost of the order specified in the Application and the cost of the services actually rendered to the Customer on the basis of the waybill and the bill of lading, the Customer is obliged to immediately pay such a difference.
- Rights and obligations of the parties
3.1. The carrier is obliged:
3.1.1. Submit to the Customer for loading at the facility specified in the Application, a serviceable vehicle, suitable for the carriage of goods and meeting the established requirements.
3.1.2. Accept the cargo from the Customer at the place of transfer specified in the Application.
3.1.3. Deliver the cargo to the point of destination and issue it to the Consignee specified by the Customer in accordance with the Application.
3.1.4. Deliver the entrusted cargo in the same condition as at the time of acceptance.
3.2. The customer is obliged:
3.2.1. Arrange the loading and unloading of cargo by the Consignor and the Consignee within the time frame agreed by the parties upon confirmation of the Customer's application. Arrange the receipt of the cargo at the place of its unloading. Loading and unloading is carried out by the Customer, unless other conditions are specified in the Application.
3.2.2. By the time agreed in the Application for the arrival of the car at the place of transfer of the cargo, provide the Carrier with documents and other information about the properties of the cargo, the conditions of its carriage, as well as other information necessary for the Carrier to properly fulfill the obligations stipulated by this agreement.
3.2.3. Ensure acceptance by the Consignee of the cargo within the time period specified in the Application, as well as the proper execution by the Consignee of the accompanying documents confirming the fact of the service.
3.2.4. In the event that the goods need containers or packaging to protect them from loss, damage, deterioration and deterioration in quality for other reasons during transportation, to protect against damage to vehicles or other goods, submit for transportation in containers or packaging that fully meet these requirements ... The customer is responsible for all consequences of the absence or unsatisfactory condition of the container or packaging, in particular, he must compensate the Carrier for the resulting damage.
3.2.5. Be liable for all consequences of inconsistency with the validity of the information specified by him in the application. The carrier has the right to check the correctness of this information.
3.2.6. Provide marks in the waybill and waybill about the time of arrival and departure of vehicles from the points of loading and unloading. The terms of delivery of the cargo are determined by the Carrier and the Customer, and in the absence of an appropriate agreement, within the terms established for transportation by the current legislation.
- Responsibility of the parties
4.1. The Carrier's liability arises in the following cases:
4.1.1 In case of failure to provide vehicles for the carriage of goods, the Carrier, at the request of the Customer, pays a penalty in the amount of 1% of the cost of the service for each delayed day. In the event of loss or damage to cargo accepted for carriage, the Carrier is obliged to reimburse the Customer for the cost of the lost cargo or the cost of bringing the damaged cargo to a condition preceding damage in the manner prescribed by law, with the obligatory execution of documents provided for in Chapter VII of the Rules for the carriage of goods by road, approved by the Resolution Government of the Russian Federation dated April 15, 2011 No. 272.
4.1.3. For delayed delivery of cargo, the Carrier, upon the written request of the Customer, shall pay the consignee a fine in the amount of one percent of the cost of transportation for each day of delay. The total amount of the fine for delayed delivery of goods cannot exceed the cost of transportation. The delay in delivery of the cargo is calculated from twenty-four hours of the day when the cargo is to be delivered. The basis for calculating a fine for delayed delivery of goods is a mark in the bill of lading about the time of arrival of the vehicle at the point of unloading.
4.2. The Customer is liable in the following cases:
4.2.1. In case of failure to present the Cargo for loading by the Customer within the time period stipulated by the application, or failure to use the submitted vehicles, in accordance with the terms of this agreement, at the request of the Carrier, the Customer shall pay a fine in the amount of the cost of two hours of transport operation in accordance with the current tariffs. ... In the event of a delay in payment of the invoice for the services rendered by the Carrier, the Customer, at the request of the Carrier, shall pay the Carrier a penalty in the amount of 0.1% of the cost of the services rendered for each delayed day. If the Recipient did not accept the cargo at the time specified in the Application or refused it, or delayed its acceptance so much that the cargo could not be unloaded at the specified time, the Carrier has the right to deposit the cargo for storage at the warehouse or return it to the Consignor at the expense of the Customer. with the notification of the Customer.
4.2.4. The customer is responsible for all consequences of the absence or unsatisfactory condition of the container or packaging.
- Settlement of disputes
5.1. All disputes and disagreements arising between the parties during the execution of this Agreement, the parties will try to resolve through negotiations. If disputes and disagreements remain unresolved, then they will be subject to consideration in the Arbitration Court of St. Petersburg and the Leningrad Region with the obligatory observance of the claim procedure. The party that received the claim is obliged to consider it and respond on the merits of the claim in writing no later than 5 days from the date of receipt of the claim.
5.2. The Customer's claims arising under this Agreement must be presented in writing within 5 days after the grounds for their presentation arise. In everything that is not specified in this Agreement, the Parties are guided by the current legislation of the Russian Federation.
- Special conditions
6.1. The Carrier has the right to use the services of third parties to fulfill the Application.
6.2. All attachments and any additions to this Agreement are an integral part of it from the moment they are approved by the Parties to the Agreement.
6.3. Facsimile copies of the signed Agreement, other documents, the parties agreed to be considered valid until the exchange of originals.
6.4. Any agreements of the parties to amend and / or supplement the terms of this Agreement are valid if they are made in writing, signed by the parties to the Agreement and sealed by the parties.
6.5. The document confirming the fact of the provision of the service to the Customer, indicating the date and time of operation of the vehicle, is a bill of lading, a waybill of a truck or a route sheet with marks of the consignee.
6.6. The service is considered accepted if the Customer has not sent a reasoned refusal to the Carrier by mail, fax and / and e-mail about the acceptance of the work within 5 working days from the date the Carrier sent the certificate of work performed (services rendered). In case of acceptance of the work, the Customer undertakes to return a signed copy of the acceptance certificate of the work performed.
6.7. This Agreement may be terminated by agreement of the parties or by a court at the request of one of the parties only in case of material violation of the terms of the Agreement. The consequences of termination of this Agreement are determined by mutual agreement of the parties or by a court at the request of any of the parties to this Agreement.
6.8. This Agreement comes into force from the moment of its signing by both parties and is valid until ___ ___________. 20 _______.
6.9. If none of the parties has declared its desire to terminate the Agreement, then it is considered extended for the next calendar year.
6.10. This Agreement and its annexes have been drawn up in two copies having the same legal force, one copy for each of the Parties.
6.11. The Carrier may, upon a written application from the Applicant, on his behalf and at his expense (subject to 100% prepayment of the cost of insurance and the Carrier's remuneration, as well as the provision by the Customer of the necessary documents and information about the cargo), conclude a Cargo Insurance Agreement. When the Carrier arranges cargo insurance, the Carrier's remuneration is paid on the basis of an agreed application for each specific insurance service.
6.12. The parties quarterly draw up and sign acts of reconciliation of mutual settlements no later than the 15th day of the first month of the next quarter, or, within 15 calendar days after the Carrier rendered the service, if the services for the carriage of goods under this agreement were of a one-time nature.
The party that received the act of reconciliation of mutual settlements is obliged to return it properly executed within 10 days from the date of its receipt.
6.13. Refusal or evasion of the recipient Party from receiving mail or telegraph messages from the other party, certified by the employees of the communications organization (such as: return of correspondence by the communications organization due to the expiration of its storage period or the absence of the addressee at the address determined in accordance with Chapter 8 of this Agreement , as well as for other reasons) entail legal consequences identical to the receipt by the addressee of the corresponding postal item or telegraph message.
6.14. The customer gives unconditional consent to the processing and storage of personal data provided in connection with the execution of the Agreement. When the Customer provides the personal data of other persons, the Customer guarantees that the consent of the aforementioned persons to provide their personal data to the Contractor by the Customer is received, and is responsible if any claims are made to the Contractor due to non-compliance with this condition.
6.15. The Customer, by providing information about his own mobile phone subscriber numbers, as well as the Consignor / Consignee (or their authorized representatives) directly, or through the Consignor, agrees to receive SMS notifications from the Contractor, and also confirms the desire to receive such SMS notifications. This rule also applies to the e-mail addresses of the Customer, from which the latter sends Applications for the provision of services for the transportation of goods.
- Force majeure circumstances 7.1. The Parties are released from liability for non-fulfillment or improper fulfillment of their obligations under this Agreement in the event of force majeure circumstances that directly or indirectly impede the implementation of this Agreement. 7.2. To the circumstances specified in clause 7.1. Of the Agreement, include: war and hostilities, uprisings, epidemics, earthquakes, floods, drifts, acts of authorities directly affecting the subject of this Agreement, termination or restriction of the carriage of goods in the relevant direction, as well as other events that the arbitration court or other competent authorities recognize and declare force majeure events. 8. Legal addresses and details of the parties
The contract itself for the provision of transport services is below. You can also read an interesting article that will help the carrier protect himself from unscrupulous customers:
CONTRACT
for the provision of road transport services No.
St. Petersburg"" ___________ 2014
LLC "__________________" represented by the General Director _______________________________________, acting on the basis of the Charter, hereinafter referred to as the "Customer", on the one hand, and LLC "__________________", represented by the General Director _______________________________________, acting on the basis of the Charter, hereinafter referred to as the "Contractor", with the other party, each individually or collectively referred to as "Party" and / or "Parties", respectively, have entered into this Agreement as follows:
1. The Subject of the Agreement
1.1. In accordance with this agreement, the Contractor undertakes to provide the following services related to the transportation of the Customer's goods, on the conditions specified in this Agreement and its annexes:
- Organize urban transportation of the Customer's goods by road along the routes indicated by the Customer;
- Provide other services related to the transportation of the Customer's cargo in accordance with this Agreement and the current legislation of the Russian Federation.
1.2. The Contractor provides services on the terms - "from the door to the consignee's warehouse" - delivery of cargo from the loading point of the rolling stock to the consignee's warehouse specified by the Customer.
1.3. The Contractor provides services on the basis and in accordance with the Customer's Application, which is drawn up in any form agreed by the parties.
1.4. The Contractor organizes urban transportation of the Customer's goods in accordance with this Agreement, and in cases not provided for by this Agreement, the parties are guided by the Civil Code of the Russian Federation.
2. Obligations of the parties
2.1. Obligations of the Contractor:
2.1.1. Accept Applications for the carriage of the Customer's goods no later than 8 hours before the declared time of the rolling stock submission for loading.
2.1.2. Accept the Customer's Application by filling in the appropriate columns and affixing the signature of the Contractor's authorized person, and no later than 4 hours after receiving it, send the accepted Application to the Customer by mail or fax. The Contractor has the right to refuse (the refusal must be motivated) from the execution of the Application, about which he notifies the Customer within 1 (one) hour from the moment of receipt of the Application by mail or fax.
2.1.3. Ensure timely delivery of serviceable and transportable rolling stock for loading.
2.1.4. Ensure acceptance of cargo for transportation according to duly executed shipping documents. The contractor accepts the goods at the consignor's warehouse (only if the warehouse packaging is intact).
2.1.5. Ensure timely delivery of goods to their destinations.
2.1.6. The Contractor is obliged to fulfill the assumed obligations in strict accordance with the instructions of the Customer.
2.1.7. Upon the execution of the Application, the Contractor draws up an Acceptance Certificate for the services rendered, which it sends to the Customer. The customer must, within 2 (two) banking days, from the moment of its receipt, sign the received Act or send a reasoned refusal to the Contractor.
2.1.8. If there is a possibility (threat) of unauthorized access to the cargo by unauthorized persons, the Contractor takes the necessary measures to ensure the safety of the cargo. In case of damage or loss of cargo, the Contractor must involve the relevant competent authorities to document the circumstances of the incident and immediately notify the Customer of the incident.
2.2. Obligations of the Customer:
2.2.1. Timely submit requests for transportation. The application is made in writing and sent to the address of the Contractor by fax, or communicated orally by phone, no later than 17 (seventeen hours) preceding the transportation of the Customer's cargo.
2.2.2. Before the arrival of the rolling stock for loading (unloading), prepare the cargo for transportation (pack and package properly, group by consignees and unloading points), prepare passes for the right to travel to the place of loading (unloading), as well as provide the Contractor or his representatives (drivers of the rolling stock) with correctly executed and fully completed shipping documents (consignment note, consignment note, certificates, etc.), indicate reliable information about the cargo in the shipping documents, in accordance with the rules for the carriage of goods. The consignment note, drawn up in two copies, is the main shipping document, according to which this cargo is written off by the consignor and posted by the consignee.
2.2.3. Provide the Contractor or his representatives (drivers of the rolling stock) with correctly executed and fully completed shipping documents, indicate reliable information about the cargo in the shipping documents, in accordance with the rules for the carriage of goods.
2.2.4. Carry out loading (unloading) of rolling stock on their own (or require this from consignees) in compliance with safety measures and conditions ensuring the safety of cargo and rolling stock, as well as securing the cargo, while not allowing the rolling stock to idle in excess of the established time standards.
2.2.5. Provide access roads to loading (unloading) points, as well as loading and unloading platforms in good condition, ensuring free and safe movement and maneuvering of rolling stock at any time of the day, in accordance with current requirements and standards.
2.2.6. Ensure the loading of rolling stock within the limits of the total weight and other established standards for loaded vehicles in the Russian Federation. Before loading, check the suitability of the rolling stock for the carriage of this type of cargo.
2.2.7. Immediately inform the Contractor orally and in writing about changes in the schedule, volumes, nomenclature of transportation or points of loading (unloading). In case of readdressing of cargo or refusal of the consignee from acceptance, immediately give the Contractor written instructions on further actions.
2.2.8. Timely and in full pay the cost of the Contractor's services in the manner and on the conditions provided for by this Agreement and its annexes.
3. Settlement procedure
3.1. For the fulfillment of the obligations provided for by this Agreement, the Customer pays the agreed cost to the Contractortransport services , the amount of which is determined on the basis of the Contractor's tariffs specified in Appendix No. 1 to this agreement.
3.2. The cost of transport services is indicated in the direction Customer invoices... Settlements between the Parties are made in a non-cash form (by transfer to the bank account of the Contractor).
3.3. If there are contractual rates for the relevant work (services), expressed in foreign currency, the Customer pays the cost of the services actually rendered on the account of the Contractor in Russian rubles at the exchange rate of the Central Bank of the Russian Federation on the date of payment of the invoice.
3.4. If the Customer has arrears in payment of invoices issued by the Contractor, the Contractor may refuse to provide services under this Agreement until the Customer fully fulfills its obligations.
3.5. The Customer pays the Contractor's invoices to his current account within 5 banking days from the receipt of the invoice.
4. Responsibilities of the parties
4.1. The contractor bears full responsibility for the loss, damage or theft of goods.
4.2. The Contractor assumes responsibility for the safety of the cargo from the moment it is received at the consignor's warehouse until it arrives at the Consignee's warehouse specified by the Customer. In case of loss, shortage or damage to cargo, the Contractor is obliged to reimburse the Customer for the cost of the lost or damaged cargo (or part of it), according to the value specified in the shipping documents. To prove the damage caused to the Cargo, the Customer is obliged to provide documentary evidence of the shortage or damage to the cargo, namely: acts of measurement, weighing, recalculation of the Cargo with the participation of the Contractor's representatives, conclusions of an independent examination on the causes of damage / shortage of the Cargo, a certificate of integrity / damage to the seal on the vehicle, other documents, from which the fact of damage / shortage of the Cargo and the responsibility for such damage of the Contractor clearly follows. The Contractor is obliged to reimburse the cost of the lost or damaged cargo within 15 (fifteen) working days from the moment the Customer provides documentary evidence of the loss or damage to the cargo.
4.3. In case of non-delivery or late submission of rolling stock by the Contractor for loading (over 6 hours) or its submission in a condition unsuitable for the carriage of this cargo, as well as for delay in delivery of the cargo, the Contractor shall pay the Customer a penalty in the amount of 5% of the amount due to payment for this Application.
4.4. For non-payment or late payment for the services rendered under this agreement, the Customer is obliged to reimburse a penalty in the amount of 0.5% of the unpaid or untimely paid amount, for each day of delay.
5. Force majeure
5.1. The Parties are exempt from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances (force majeure) and emerged after the submission of the relevant Application as a result of extraordinary events that the parties could neither foresee nor prevent by reasonable measures. Under no circumstances is the Customer exempt from paying for the services actually rendered by the Contractor.
6. Dispute Resolution
6.1. The parties will strive to resolve all disputes and disagreements that may arise from this Agreement through negotiations and consultations.
When there is a need to conclude a deal, you need to know its features. In the topic of our article, we will consider contracts and show how to draw up a contract for the provision of transport services in 2020.
Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.
It's fast and IS FREE!
Each contract has its own characteristics. And among the many types of them, it is very difficult to get lost even for an experienced businessman, since some of them are drawn up on the basis of the norms of several types of agreements. This number includes an agreement for the provision of transport services.
General points
On the one hand, an agreement for the provision of transport services can be attributed to a number of contracts for the provision of services. For example, a contract for the carriage of goods, which is the most common.
A number of similar agreements include a forwarding type of agreement. Both of these agreements can be used for the necessary appointment and provision of transport services, so the question arises, what is a contract for the provision of transport services.
Initial information
An agreement for the indication of services should be understood as obligations between the parties, which, as a rule, are legal entities, where one party wants to receive the service provided and after rendering it, pay for it, and the other specializes in providing such a service, and wants to receive remuneration for its provision.
Transportation services should be considered as transportation and other possible services that are associated with this process.
For example, escorting goods during transportation or renting a car with a driver for the head of an organization or transporting other passengers. Any subject of the transaction is the basis, and it distinguishes one type of agreement from another.
Significance of the agreement
This type of contract is very versatile and significant, since may include various types of necessary or urgent services.
They can be used by organizations for organizing transportation, escorting valuable cargo throughout the country and abroad, organizing long-term or one-time transportation of passengers, and any other services that the contractor can provide to the customer on the basis of an agreement.
With the help of the agreement, purposefulness is achieved, responsibility is determined and guarantees appear, therefore this is the only and irreplaceable way of regulating relations that relate to transport.
Legal grounds
The Civil Code divides the types of agreements depending on the subject matter. They are contained in chapter 40, and any of them can be used for use in drawing up a document and protecting your rights:
Model contract for the provision of transport services
This type of agreement refers to a contract for the provision of services, but it has essential conditions that separate it from the rest. This type of agreement can be used by all subjects.
As a rule, each enterprise has in its arsenal more than one ready-made form for the provision of services and for the conclusion of transactions.
It follows from this that the main condition in drawing up is to include the main points that regulate at the legislative level, and add your own adjustments to indicate the purpose of drawing up such a document.
Since the preparation of a document can occur with the addition and clarification of points, the standard form will allow you to rely on the basis and add the necessary:
| Date and place | Making a deal |
| Parties to the agreement | Their information depending on the person from whom they act in the transaction |
| Subject of the transaction | The exact definition of the provided service is indicated here, which relates to transport |
| The procedure for the provision of services or planning of transportation | It is indicated for what period, how the service will be provided. Type of cargo, weight, volume and other characteristics. Is this a one-time agreement or a long-term partnership |
| Price and settlement procedure | It contains the calculation of transportation tariffs and other calculations for the services provided. If the items of the agreement are goods, you should indicate the acceptance certificate and other accompanying documents, on the basis of which the goods will be checked upon delivery |
| Rights and obligations of the parties | In order, the rights and obligations of the customer and the contractor are set out, taking into account the specifics of the transaction, its subject matter and the desired end result |
| Responsibility of the parties | Depending on the subject, the responsibility for transportation, safety and other nuances of the transaction is determined, as well as the amount of possible fines and penalties for non-compliance with the terms of service, damage to cargo, non-compliance with deadlines, safety of passengers |
These are only the main points, but the parties can also include others, for example - force majeure circumstances in which the parties could not influence the fulfillment of obligations or the clause of the term of the agreement.
At the end of any agreement, the parties indicate bank details and legal entities. addresses, and put signatures indicating the conclusion of the transaction.
Parties to the transaction
There are two parties involved in the agreement:
Essential conditions
The most important conditions are:
If, when drawing up an agreement, these clauses are absent, it will not be able to become concluded.
Between legal entities
To fill out the document legal. persons should indicate the full name of the organization, their legal entity. address, TIN, administrative document on the basis of which they act as parties.
In the settlement point, there should be possible calculations, taking into account taxes. At the end, bank details and legal entities are indicated. addresses.
Between individual entrepreneurs and LLC
Small businesses must provide a certificate of state. registration:
- If the transaction is carried out by an individual entrepreneur, it is necessary to indicate the EGRIP.
- USRLE for LLC.
With an individual
An individual can only confirm his legal status with passport data.
The agreement must include important conditions and be drawn up in accordance with the norms of the legislation of the Russian Federation. The document includes important conditions and is drawn up in accordance with the norms of the Civil Code of the Russian Federation.
If for the carriage of goods
Transportation of goods may involve not only delivery from point A to point B, but also other services:
- Escort by a forwarder.
- Special storage conditions.
What the sample looks like
I propose to consider a contract for freight forwarding services, a sample, as one of the possible options for drawing up:
| Item | Indicates the carriage of goods, what means of transportation is carried out, on what territory and the involvement of the services of a freight forwarder |
| Rights and obligations of the parties | Describes the main rights and obligations of the customer and the freight forwarder |
| Obligations of the client | If transportation is necessary, the client must submit an application to the forwarder, and the forwarder must consider it within the specified time and carry out the transportation. The application contains the following nuances - the model of transport, the number of vehicles that will be involved in transportation, the type of cargo and its characteristics, the route of transportation, the loading schedule, other special conditions for the cargo, if necessary |
| Service cost | The amount is indicated, which is the remuneration for the forwarder for the service provided, as well as the costs of transportation and other calculations necessary for the operation. It is indicated after what action or in what time period the funds will be transferred by the customer |
| Responsibility of the parties | The main thing is to indicate the responsibility of the forwarder for the safety and timely delivery of cargo in the required quantity and in compliance with the necessary conditions for the cargo. In case of shortage or damage, set the amount of fines |
| Term of the contract | The expiration date is indicated when the obligations of the parties must be fulfilled, as well as the possibility of extending the agreement, indicating a further period |
| Other conditions | The parties may specify additional conditions |
For how long is
The legislator does not limit the term of the contract, so it can be drawn up for both a one-time transaction and long-term cooperation of the parties.
If the parties wish to conclude a one-time transaction, the term of its expiration is indicated in the clause of the term of the agreement. If this is a long-term transaction, this condition is indicated by the action of the parties.
Video: service agreement
If, within a certain period, neither of the parties has written a written notice of termination of the transaction, it will be automatically renewed for the next period.
Termination of the transaction
represented by a person acting on the basis, hereinafter referred to as " Customer", On the one hand, and in the person acting on the basis, hereinafter referred to as" Executor", On the other hand, hereinafter referred to as" Parties", Have entered into this agreement, hereinafter referred to as the" Agreement ", as follows:1. THE 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 light vehicles, within the territory of the city.
1.2. The Contractor provides services under this agreement on its own or by the forces of third parties using its own or rented cars.
1.3. The Customer undertakes to pay for the services of the Contractor for the carriage of passengers, carried out under this Agreement, in the manner and 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, ensure the provision of the required number of technically sound cars with drivers at the points and terms specified by the Customer.
2.1.2. Prior to the day of each month, provide the Customer with an Acceptance and Transfer Certificate of services performed for the previous month, work-transportation, as well as an invoice for payment of 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 rates in accordance with Appendix No. 1 to this Agreement.
2.1.4. Inform the customer about the change in tariffs for the services of the Contractor in writing no later than days before the introduction of the new tariffs. At the same time, the Contractor reserves the right to unilaterally and without prior notice to the Customer to temporarily increase the size of tariffs during the period of federal holidays.
2.2. The customer undertakes:
2.2.1. Pay for services under this Agreement in the amount, within the time frame and in the manner provided for in this Agreement.
2.2.2. To guarantee to the Contractor the observance by the passengers transported by the Contractor according to the Customer's orders, the traffic rules, the driver's requirements, as well as their observance of public order. It excludes the possibility of a passenger being in the car in a state of strong alcoholic intoxication, causing the latter to harm the car, committing other actions that threaten the safety of the driver, other passengers and road traffic.
3. PROCEDURE FOR PERFORMANCE OF THE CONTRACT
3.1. The customer, at least one hour before the intended trip, places an order for a car through the Contractor's dispatch service. Orders placed later than the indicated deadlines are urgent and are carried out by the Contractor without a guarantee of a free car and compliance with the travel start dates.
3.2. 15 minutes before the intended trip, the Contractor must inform the Customer about the details of the car delivery (make, color, license plate of the car).
3.3. Disputes and disagreements arising from or in connection with this Agreement 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 the 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 take place in the following order:
4.2.1. Within calendar days from the date of signing this agreement, the Customer transfers to the account of the Contractor a 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 the calculations between the Contractor and the Customer, and the balance remaining after the calculations is transferred to the month following the reporting one.
4.2.3. At the end of the reporting month, until the next month, the Contractor issues an invoice to the Customer for the services performed for the reporting period, and also provides the Acceptance and Transfer Certificate of services. The act of acceptance and transfer of services is signed by the parties within days from the date of receipt of the Act 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, invoices for the implementation of the Contractor's services are not drawn up.
4.4. Payment for the Contractor's services under this Agreement may be made by the Customer in the following ways:
4.4.1. by bank transfer to the settlement account of the Contractor according to the details specified in the invoice for payment;
4.4.2. for cash to the Contractor's cashier.
4.5. Full payment for services under this Agreement is made no later than the day 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. The services under this Agreement are deemed to have been performed properly and on time if, within calendar days from the date specified in the Service Acceptance Act, the Customer did not transfer the signed Act to the Contractor and did not provide written claims and / or objections to the Contractor.
6. RESPONSIBILITY OF THE PARTIES
6.1. The parties are responsible for non-fulfillment or improper fulfillment of obligations in accordance with the provisions of this Agreement, the Civil Code of the Russian Federation, the Charter of Road Transport.
6.2. The Parties are exempt 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 occurred after the conclusion of the Agreement, which the parties could not foresee and prevent.
7. DURATION OF THE CONTRACT
7.1. This agreement comes into force from the moment it is signed by the authorized representatives of the parties and is valid until "" a year and may be extended by 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 the settlement of all settlements. The initiator of the termination of the Agreement is obliged to notify the other Party of its decision at least days before the date of termination of the Agreement.
8. FINAL PROVISIONS
8.1. All disputes arising between the parties in the course of fulfilling the terms of this Agreement shall be 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 drawn up in writing, duly executed and signed by both parties or their legal representatives.
8.4. All appendices, amendments and additions to this agreement signed by the parties have priority over the main text of this Agreement.
8.5. This Agreement is made in two original copies with equal legal force, one for each of the Parties.
8.6. The terms of this Agreement, additional agreements to it 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:
- Mailing address:
- Phone fax:
- INN / KPP:
- Checking account:
- Bank:
- Correspondent account:
- BIK:
- Signature:
Executor
- Legal address:
- Mailing address:
- Phone fax:
- INN / KPP:
- Checking account:
- Bank:
- Correspondent account:
- BIK:
- Signature:
Transport lines around the globe allow any type of vehicle to do its job. In most cases, goods are delivered by transport, people are transported and expeditions are carried out. For any type of such activity, an agreement must be concluded, which has its own differences in some points, for the rest, everything is filled in according to a single sample.
Who can enter into an agreement for the provision of transport services?
Any person who has one or another, direct or indirect relationship with transport can conclude an agreement on transport services. The roles of the customer and the contractor can be:- ordinary people (individuals);
- (legal entities);
- enterprises (JSC, LLC, partnerships);
- commercial or non-commercial services.
What is the form, structure and content of the contract?
The contract is formalized in writing or verbally (which rarely happens). A4 paper is used for writing.Registration of the transaction can be drawn up in a printed version or filled in by hand on a previously prepared sample.
In most cases, the agreement is written only for both parties, but it can be replicated for a larger number of persons (3 or 4, if the customer or the executor 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 time of the agreement and service;
- responsibilities of both parties;
- responsibility for non-compliance with the terms of the agreement;
- controversial issues and the way to regulate them;
- possible reasons for canceling the agreement.
An important point will be to prescribe the financial component of the question, namely whether an advance is necessary, the time period for its payment, the method of payment, bank accounts where the amount will be transferred.
Payment for transport services by card must be accompanied by a 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 an act or statement of the accepted work.
Suddenly arising additional circumstances that were not previously spelled out 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. The name of the contract and the number according to the registration list.
2. The dating of his conclusion.
3. Who enters into an agreement and 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.
- obligations of the customer;
- duties of the executor;
7. Settlement procedure, namely:
- the cost of transport services;
- how long it is necessary to transfer part of the funds;
- how the payment will be made;
- when the 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 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 how disputable situations are resolved (usually this happens in an arbitration court);
- that new additional information is considered legal only after registration and signing by both parties;
- that the absence of information on termination of the agreement from one of the parties allows the agreement to end independently before the new calendar year.
Duration of the agreement
The agreement refers to long-term contracts. The deal takes effect after the signing of the agreement by both parties and until the moment of cancellation. Usually it is concluded for a year or two.
It is extended for one year period if there is no desire to stop working with each other, and if neither of the parties intends to cancel the contract.
In some cases, the deal is terminated ahead of schedule, then the contract period is shortened. Cancellation occurs at the discretion of one of the parties to the contract, while the opposite person with whom the agreement is required to be terminated is notified, usually one week before the formal termination.
Model contract for the provision of transport services
This is a sample agreement, which is a template and a model 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, the terms of the agreement, etc.), but here the clause "Force majeure" is added, that is, the contradictions of the parties and methods of their solution. In addition, cash calculations and pricing policy are combined in a standard form.Features of the contract for the provision of freight forwarding services
The agreement refers to the civil law type of agreement. At the same time, it is independent and compensated, 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-planned routes;
- conclusion of agreements for cargo;
- escorting cargo to the point of arrival;
- storage of goods;
- folding and taking out the goods;
- checking the quality and condition of the goods;
- acceptance of the relevant documentation for the transported goods;
- payment of state taxes and other costs when transporting the client's goods.
- market enterprises;
- individual entrepreneurs.
The following points must be prescribed in the textual part of the contract:
- the essence of the transaction;
- terminology used in the text of the agreement, with its interpretation;
- the rights and obligations of the parties;
- responsibility for violation of the terms of the contract;
- calculations of funds for the work performed;
- the period of the contract and the conditions for its cancellation;
- claims and ways to resolve controversial issues;
- general provisions;
- addresses and details of persons entering into a contract.
- transportation of goods along a previously specified route;
- provision of services specified in the contract;
- message about receiving false information to the client;
- demand payment for the work rendered.
- payment of funds for the delivery of goods;
- give instructions on the route to the forwarder;
- has the right not to comply with the terms of the contract and cancel the agreement, warning the opposite party.
The form of the contract is written. After accepting the goods, the freight forwarder is issued a certificate of receipt.
After watching this video, you will get acquainted in detail with the contract of freight forwarding services. Find out what are its features and differences from other agreements.
Features of the agreement for the provision of freight transportation
The agreement for the provision of cargo transportation is reimbursable and bilateral. In addition, in the contract there may be an outsider who is also endowed with certain rights and obligations for the transportation of goods. The agreement is considered valid from the moment of its conclusion.The contract is drawn up in a slightly different format, namely by drawing up invoices, receipts and other forms of documents that are provided by transport services.
Payment for the delivery of goods to the intended place is strictly controlled and paid according to tariffs.
Contracts are concluded with the transport that will carry out the transportation, therefore, agreements can be of the following types:
- on the carriage of goods by public transport;
- by rail;
- by water transport;
- by air.
Features of the agreement for the provision of road 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 lies in the fact that here some organizations (LLC, CJSC, etc.) are present in the role of the customer and the executor.In addition, third parties can take part in the contract, who can act either as a customer or as an executor. It turns out that two people will either carry out the order, or give an order for its implementation.
The contract for the provision of transport services can be different. It all depends on the type of service provided and the transport that will be used as a transported tool. Contracts do not differ significantly, in some cases a separate drafting is not even required, and the participants only get by with waybills or receipts (for example, freight transportation).
