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Sample contract for cargo transportation with an individual

Cargo transportation - features of concluding a contract

Any business transaction requires documentation. The transportation of goods, which must be accompanied by an appropriate agreement, is no exception. The procedure and conditions for concluding this document are determined by current legislation.

The procedure for concluding a contract for cargo transportation

A contract for the carriage of goods can be concluded with an individual who undertakes the obligation to deliver the entrusted cargo. This agreement is concluded not only with the owner of the car, but also with another person who must provide the cargo transportation service. The owner of the cargo in this agreement will be referred to as either the “customer” or the “shipper”. The second name is used in practice in cases where the cargo is delivered to a third party, called the “consignee”. The person transporting the goods is called the “contractor” or “carrier”. This discrepancy in the names of the parties is caused by the fact that in relation to cargo transportation services, both a cargo transportation contract and a contract for the provision of paid services can be concluded. But regardless of this, the procedure and contents of the contracts remain similar.

The contract is concluded in simple written form before the provision of transportation services. The conclusion of an agreement is preceded by a period of agreement on its terms by the parties. The agreements reached in full can be included in the text of the agreement, or some of them are drawn up in the form of annexes to it. For example, a route sheet can be issued as an application.

Advice: there are many standard forms of a cargo transportation contract, but it would be better to develop your own version based on a standard contract, which will most fully reflect the features of cargo transportation or the specifics of the provision of cargo transportation services.

Contents of the agreement

The contract for the carriage of goods must stipulate:

  • Name of the parties;
  • The name of the cargo, its quantity and characteristics, or an indication that a specific cargo is determined by application;
  • Payment procedure and terms;
  • Conditions for the carriage of goods, as well as the route, can be drawn up as an appendix to the contract;
  • Duration of the contract;
  • Responsibility of the parties.

If necessary, the parties can indicate specific conditions for transportation in the contract, for example, indicate that, at the request of the customer, the contractor carries out cargo transportation by Gazelle.

In some cases, the parties may record the fact of transfer of the car by a special act. In which, unlike the act of acceptance and delivery of the car, not only the make and model of the car is recorded, but also the ability to use it to transport a specific cargo. For example, a customer needs to deliver 5 tons of sand in bulk, and the carrier sent him an onboard gazelle with a carrying capacity of 2 tons. In such an act, the customer records that he was provided with inadequate transport, which makes it possible to demand a penalty from the carrier.

The content of the contract must also determine its type: one-time or permanent. If a one-time contract for the carriage of goods is concluded, it must reflect all issues related to the provision of this service. If a permanent contract is concluded, then it assumes that during the period of its validity the contractor provides an unlimited number of cargo transportations. In this case, the contract must contain the basic conditions for the provision of the service: the payment procedure, the rights and obligations of the parties, their responsibilities, and specific agreements for each transportation must be determined by additional agreements to the contract or an application, the form of which is approved by the contract.

Features of individual cargo transportation contracts

Recently, many carriers have been using an agency scheme to attract customers. In most cases, a standard sample of an agency agreement for the provision of services for finding clients is taken, which assumes the almost complete absence of responsibility of the agent to both the carrier and the shipper. As a result, the carrier may not receive payment for his services, and the owner of the cargo may lose it. This can be avoided by including another party in the cargo transportation contract - the agent. In this case, its obligations and responsibilities to each of the parties can be spelled out.

When providing cargo transportation services, there is often a need for cargo forwarding services, which include organizing its loading and unloading, preparing transportation documents, etc. Such work can be performed by the carrier himself, but for this it is necessary to conclude a forwarding agreement or include relevant provisions in the text of the contract for the carriage of goods. For example, if it is necessary to deliver cargo to several points, it is advisable to indicate in the contract that the carrier transports the cargo along an established route, and also unloads at established points with documentation of the transfer of cargo. This option is used by many companies that do not have forwarders or their own transport and logistics department on staff. This is often caused by reasons of savings, since the absence of full-time employees makes it possible to minimize costs, because there is no need to pay payroll taxes, pay compensation for unused vacation upon dismissal, etc.

When concluding a cargo transportation contract, it is necessary to take into account the peculiarities of ownership of the vehicle by the carrier itself. For example, if a car is leased, then it makes sense to ask the carrier for confirmation of the fact that there are no debts on lease payments, otherwise there is a possibility that the leasing company will limit the carrier’s right to use the car, which will not allow him to fulfill the terms of the contract. The situation is similar with cars purchased by the carrier on credit. Especially often, small companies and individuals who provide cargo transportation services take out a car loan for a used car. In addition, some loan and leasing agreements contain clauses that prohibit the rental of a car in a taxi or its use for the provision of commercial transportation services.

If the carrier uses a car under a rental agreement, then it is necessary to familiarize yourself with this agreement, since it is possible that it contains a ban on the use of the car for commercial purposes or other restrictions that prevent the normal fulfillment of contractual terms for cargo transportation.

Often, the cargo owner insures his cargo; in this case, the cargo transportation contract must take into account the terms of insurance, otherwise the insurance company may refuse to compensate for the damage. By the way, the obligation to insure the cargo may be included in the terms of the contract for the carriage of goods, and this obligation may lie with either party. Similarly, the parties can resolve the issue of cargo security by indicating in the contract that the carrier or customer must ensure the protection of the cargo during transportation.

Transportation of certain types of cargo requires compliance with certain requirements for the persons carrying it out; for example, transportation of fuel and lubricants requires the driver to have a special permit for the transportation of this category of cargo. In such cases, the terms of the contract must include a requirement that the carrier’s personnel must have the necessary permits. The best option is to attach copies of the necessary documents to the cargo transportation contract.

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The need for the delivery of various goods in business always exists, and it is extremely important that this issue is resolved without unnecessary problems. A correctly executed contract is a guarantee that the relationship between the cargo owner and the carrier will not cause trouble, and the required cargo will arrive at its destination on time and in complete safety.

Contract for the carriage of goods

Document type: Contract of carriage

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The contract for the carriage of goods is concluded between two parties: the sender and the carrier. The third party (recipient) is not formally involved in this agreement. According to the terms of the document, the first party undertakes to accept any cargo from the sender and deliver it to the recipient. The sender is obliged to pay for the carrier's services in accordance with the stated tariffs. The relationship between the first and second parties is confirmed by the issuance of the corresponding invoice in the hands of the sender.

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It should be noted that the carrier must provide the other party with serviceable vehicles suitable for transporting the goods. He is obliged to do this within the period specified in the agreement. In this case, the sender has every right to refuse the provided vehicles if they are unsuitable for transporting the subject of the agreement.

In accordance with the contract for the carriage of goods, as well as current transport codes and charters, both parties are responsible: the sender for non-delivery of the cargo or non-use of the provided vehicles, and the translator for failure to provide the vehicle after registration of the transportation request. At the same time, there are a number of circumstances that release each party from any liability (for example, force majeure circumstances, etc.). These factors are necessarily stipulated in the concluded agreement.

Form of contract for the carriage of goods

Sample contract for the carriage of goods (completed form)

Download the Contract for the carriage of goods

Contract for the carriage of goods No.

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this agreement, the Carrier undertakes to deliver the cargo entrusted to him by the Sender in the amount of , hereinafter referred to as “Cargo”, to the following destination: , deliver the cargo to the Recipient, and the Sender undertakes to pay the fee established by this agreement for the carriage of goods.

1.2. The conclusion of this agreement is confirmed by the preparation and issuance by the Carrier of a bill of lading (another document for the cargo) to the Sender.

1.3. The fee for transportation of goods is: rubles.

1.4. Cargo transportation is paid within the following terms and in the following order: .

1.5. The carrier is obliged to deliver the cargo to the destination within the time period specified by transport charters and codes, or within a reasonable time.

1.6. Work and services performed by the Carrier at the request of the Sender and not provided for in this agreement are paid for by the Sender by additional agreement of the parties.

1.7. The carrier has the right to retain the cargo transferred to him for transportation as security for the carriage charge due to him and other payments for transportation.

2. SUPPLY OF VEHICLES. LOADING AND UNLOADING CARGO

2.1. The Carrier is obliged to provide the Sender of the cargo with serviceable vehicles in a condition suitable for transportation of cargo for loading within the following period: .

2.2. The sender has the right to refuse submitted vehicles that are not suitable for transporting cargo.

2.3. Loading (unloading) of cargo is carried out by the Sender (Recipient) within the following periods and in the following order: and also in compliance with the provisions established by transport charters, codes and rules.

3. RESPONSIBILITY OF THE PARTIES FOR VIOLATIONS OF TRANSPORTATION OBLIGATIONS

3.1. In case of non-fulfillment or improper fulfillment of transportation obligations, the Parties bear responsibility established by the Civil Code of the Russian Federation, other legal acts, as well as the following responsibility established by agreement of the Parties: .

3.2. Agreements of the Parties to limit or eliminate the Carrier’s statutory liability are invalid, except in cases where the possibility of such agreements during the transportation of cargo is provided for by transport charters and codes.

3.3. The carrier for failure to provide vehicles for the transportation of goods within the period provided for in clause 2.1. of this agreement, and the Sender for failure to present the cargo or failure to use the provided vehicles bears the responsibility established by legal acts, as well as the following responsibility provided for by agreement of the parties: .

3.4. The Carrier and the Sender are released from liability in the event of non-delivery of vehicles or non-use of supplied vehicles, if this occurred due to:

  • force majeure, as well as due to other natural phenomena (fires, drifts, floods) and military actions;
  • cessation or restriction of cargo transportation in certain directions established in the manner prescribed by;
  • in other cases provided for.
4. CARRIER'S LIABILITY FOR LOSS, SHORTAGE AND DAMAGE OF CARGO

4.1. The Carrier is responsible for the safety of the cargo that occurred after it was accepted for transportation and before delivery to the Recipient, unless it proves that the loss, shortage or damage to the cargo occurred due to circumstances that the Carrier could not prevent and the elimination of which did not depend on it.

4.2. Damage caused during cargo transportation is compensated by the Carrier in the following amount:

  • in case of loss or shortage of cargo - in the amount of the cost of the lost or missing cargo;
  • in case of damage to the cargo - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo - in the amount of its value;
  • in case of loss of cargo handed over for transportation with a declaration of its value - in the amount of the declared value of the cargo.

The cost of the cargo is determined based on its price indicated in the Seller’s invoice, and in the absence of an invoice, based on the price that, under comparable circumstances, is usually charged for similar goods.

4.3. The Carrier, along with compensation for established damage caused by loss, shortage or damage to the cargo, returns to the Sender the freight charge collected for the transportation of lost, missing, spoiled or damaged cargo, since, according to this agreement, this fee is not included in the cost of the cargo.

4.4. Documents on the reasons for the failure of the cargo (commercial act, general form act, etc.), drawn up by the Carrier unilaterally, are subject in the event of a dispute to be assessed by the court along with other documents certifying circumstances that may serve as the basis for liability of the Carrier, Sender or Recipient cargo

5. FINAL PROVISIONS

5.1. Before filing a claim against the Carrier arising from the carriage of goods, the Sender (Recipient) is obliged to present a claim to him in the manner prescribed.

5.2. In everything else not regulated by this agreement, the provisions of the Civil Code of the Russian Federation will be applied.

5.3. The Agreement comes into force from the moment of its signing and is drawn up in copies.

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Cargo transportation contract

Agreement on the provision of transport services

___________________ 201__ St. Petersburg

Individual entrepreneur Nikitin Maxim Valerievich , acting on the basis of a certificate of state registration of an individual as an individual entrepreneur, series 78 No. 006959304, issued by the Ministry of Internal Affairs No. 15 for St. Petersburg on August 21, 2008, hereinafter referred to as the “Executor”, on the one hand and _______________________________ _____________________________________ , hereinafter referred to as the “Customer” , represented by ______________________________________________________________________________________________, on the other hand, have entered into this agreement as follows:

  1. Subject of the agreement.

In accordance with this Agreement, the Contractor undertakes to carry out freight transportation using its own transport, as well as loading and unloading operations on behalf of the Customer , and the Customer undertakes to pay for the transport services provided in the manner and within the terms stipulated by the Agreement.

  1. Rights and obligations of the parties.

2.1. Rights and obligations of the Customer :

2.1.1. The Customer undertakes to provide the Contractor with complete information in advance for the provision of this type of service.

2.1.2 . The Customer undertakes to promptly pay for the transport services provided by the Contractor .

2.1.3. The customer has the right to control the progress of work.

2.2 . Rights and obligations of the Contractor :

2.2.1 The Contractor undertakes to transport the Customer’s and perform loading and unloading operations.

3. Cost of services and payment procedure.

3.1. The cost of services under this Agreement is ________________________________________________

___________________________________ rubles __________________ kopecks (excluding VAT) .

3.2. Payment for services provided is carried out on the basis of the current Agreement, while the Contractor reserves the right to change the cost of services, depending on changes in prices on the transport services market. The new tariff plan is provided to the Customer upon notification.

3.3. Payment for services by the Customer to the Contractor is made before/during/after completion of the work.

4. Responsibility of the parties.

4.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties are liable in accordance with the legislation of the Russian Federation.

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4.2. The Customer is responsible for late payment for services provided by the Contractor in the amount of 1% for each day of delay.

4.3. The parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement if it is a consequence of force majeure circumstances. The period for fulfillment of contractual obligations is automatically extended for the duration of these circumstances. Upon termination of force majeure circumstances, the parties restore relations until full fulfillment of their obligations under this Agreement.

4.4. The party for which it is impossible to fulfill its obligations under the Agreement is obliged to immediately notify the other party of the occurrence or termination of the above obligations. Untimely notification of force majeure circumstances deprives the relevant party of the right to consider them the reason for failure to comply with the terms of this Agreement.

5. Duration of the contract.

5.1. The contract is valid from the moment of signing until the completion of the work, payment of the invoice and signing by the parties of the work completion certificate.

5.2. If neither party terminates the contract before expiration, the contract is extended.

5.3. The Customer has the right to terminate the contract unilaterally after completion of all settlements with the Contractor .

5.4. The Contractor has the right to terminate the contract unilaterally in the event of late payment by the Customer for services provided.

5.5. The Contractor has the right to terminate the contract unilaterally by notifying the Customer 10 (ten) in advance .

6. Details and signatures of the parties.

Client INN: 782570148860

Client checkpoint: not specified

Current account: 40802810332410001244

Bank name: ST. PETERSBURG BRANCH JSC ALFA-BANK

Correspondent account: 30101810600000000786

Bank BIC: 044030786

____________________________________________

___________________________________________

_____________________________________________

____________________________________________

_____________________________________________

____________________/ Nikitin M.V../ ____________________/____________________/

M.P. M.P.

Sample contract for the carriage of goods

Author of the document

Information for the document

General provisions, conditions of conclusion and liability for violations related to the transportation of goods are regulated by Chapter 40 of the Civil Code of the Russian Federation.

Features of document preparation

Legal regulation

Depending on the type of transport used to transport cargo, legal relations related to the transportation of cargo are regulated by other federal laws, such as transport charters and codes, for example:

These charters and codes provide for the features of regulation of transport operations provided for certain types of transport, and the contract for the carriage of goods is drawn up taking into account the features provided for for each type of transport by current legislation.

In addition, in the event of conflict situations related to the transportation of goods, the Law of the Russian Federation “On the Protection of Consumer Rights” applies to carriers, along with other legislative acts.

Contents of the contract for the carriage of goods

According to paragraph 1 of Art. 785 of the Civil Code of the Russian Federation, under a contract of carriage, the carrier undertakes to deliver the cargo entrusted to him to the place indicated by the sender and hand it over to the recipient of the goods, and the sender undertakes to pay for the services of transporting the goods.

Clause 1 of Art. 785 of the Civil Code of the Russian Federation provides for a simple written form for concluding a transportation agreement, that is, drawing up an agreement is not necessary. As a rule, the contract of carriage is confirmed by delivery of the waybill or bill of lading to the carrier.

Transportation executed in the form of a contract is concluded on the basis of civil law contracts and must contain:

  • The name of the sender and recipient of the cargo, indicating the persons who represent them, as well as documents confirming their authority.
  • Point of departure and delivery of cargo.
  • Services provided by the carrier may include not only delivery of cargo to the destination, but also conditions for loading, unloading, storage, as well as delivery to the proper recipient - Art. 791 Civil Code of the Russian Federation.
  • Transportation period. According to Art. 792 of the Civil Code of the Russian Federation, if transport charters and codes do not specify a period for the transportation of cargo, then the cargo must be delivered within a reasonable time.
  • Rights and obligations of the parties.
  • Freight charge due to the carrier for the execution of the contract of carriage. According to Art. 356 - 360 of the Civil Code of the Russian Federation, the carrier has the right to detain the sender’s cargo if he has not paid for its transportation.

Responsibilities of the parties under the contract

Current legislation provides for the responsibilities of the parties:

  • In case of violation of transportation obligations - Art. 793 of the Civil Code of the Russian Federation.
  • For failure to deliver a vehicle, responsibility rests with the carrier, and for failure to use the delivered vehicle, responsibility rests with the sender - Art. 794 Civil Code of the Russian Federation. The exception is cases if this occurred as a result of a natural disaster, force majeure, or a restriction or complete cessation of the transportation of goods in certain directions, in the manner prescribed by the current transport charter or code.
  • For loss, damage or shortage of cargo, responsibility rests with the carrier if he fails to prove that this occurred due to circumstances that he could not prevent. The sender has the right to receive damages from the carrier for loss, shortage or damage to the cargo, as well as payment paid to the carrier for the transportation of the cargo - Art. 796 of the Civil Code of the Russian Federation.

Article 797 of the Civil Code of the Russian Federation provides for a pre-trial procedure for resolving a dispute, namely bringing a claim to the carrier. A claim is brought only after the carrier refuses to fully or partially satisfy the requirements presented in the claim. If the carrier has not responded to the claim in any way, then the claim may be brought after 30 days from the date of receipt of the claim.

Completed sample document

AGREEMENT
for the carriage of goods

________________ “__”___________ 20___

_______________________________________________________________,
(name of the company transporting the goods)

hereinafter referred to as the “Carrier”, represented by _________________________

____________________________________________________________________,
(position, full name)

acting on the basis of __________________________________________,
(Charter, regulations)

on the one hand, and _________________________________________________,
(name of the company sending the goods)

hereinafter referred to as the “Sender”, represented by ________________________

____________________________________________________________________,
(position, full name)

acting on the basis of __________________________________________,
(Charter, regulations)

on the other hand, have entered into this agreement as follows.

1. The Subject of the Agreement. Freight charge

1.1.
Under this agreement, the Carrier undertakes to deliver the cargo entrusted to it by the Sender _____________________________________ (name, quality,

____________________________________________________________________.
other individual characteristics)

in the amount of ________________________________, hereinafter referred to as
(in numbers and in words)

“Cargo”, to the following destination: ______________________________,
(name)

deliver the cargo to the Recipient, and the Sender undertakes to pay the fee established by this agreement for the transportation of cargo.

1.2. The conclusion of this agreement is confirmed by the preparation and issuance by the Carrier of a bill of lading (another document for the cargo) to the Sender.

1.3. The shipping fee is: ______________________

1.4. Cargo transportation is paid within the following terms and in the following order: ___________________________________________________

1.5. The carrier is obliged to deliver the cargo to the destination within the time period specified by transport charters and codes, or within a reasonable time.

1.6. Work and services performed by the Carrier at the request of the Sender and not provided for in this agreement are paid for by the Sender by additional agreement of the parties.

1.7. The carrier has the right to retain the cargo transferred to him for transportation as security for the carriage charge due to him and other payments for transportation.

2. Supply of vehicles. Loading and unloading cargo

2.1. The Carrier is obliged to provide the Sender of the cargo with serviceable vehicles in a condition suitable for transportation of cargo for loading within the following period: ___________________________________________.

2.2. The sender has the right to refuse submitted vehicles that are not suitable for transporting cargo.

2.3. Loading (unloading) of cargo is carried out by the Sender (Recipient) within the following periods and in the following order: ______________

and also in compliance with the provisions established by transport charters, codes and rules.

3. Responsibility of the parties for violation of transportation obligations

3.1. In case of non-fulfillment or improper fulfillment of transportation obligations, the Parties bear responsibility established by the Civil Code of the Russian Federation, other legal acts, as well as the following responsibility established by agreement of the Parties: __________________

3.2. Agreements of the Parties to limit or eliminate the Carrier’s statutory liability are invalid, except in cases where the possibility of such agreements during the transportation of cargo is provided for by transport charters and codes.

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3.3. The carrier for failure to provide vehicles for the transportation of goods within the period provided for in subclause 2.1. of this agreement, and the Sender for failure to present the cargo or failure to use the provided vehicles bears the responsibility established by legal acts, as well as the following responsibility provided for by agreement of the parties: _________________________________________________

3.4. The Carrier and the Sender are released from liability in the event of non-delivery of vehicles or non-use of provided vehicles, if this occurred due to: force majeure, as well as other natural phenomena (fires, drifts, floods) and military actions; termination or restriction of cargo transportation in certain directions established in the manner prescribed by ______________

____________________________________________________________________,
(name of transport charter or code)

in other cases provided for by _____________________________________
_____________________________________________________________________.
(name of transport charter or code)

4. Carrier's liability for loss, shortage and damage to cargo

4.1. The Carrier is responsible for the safety of the cargo that occurred after it was accepted for transportation and before delivery to the Recipient, unless it proves that the loss, shortage or damage to the cargo occurred due to circumstances that the Carrier could not prevent and the elimination of which did not depend on it.

4.2. Damage caused during cargo transportation is compensated by the Carrier in the following amount:

  • in case of loss or shortage of cargo - in the amount of the cost of the lost or missing cargo;
  • in case of damage to the cargo - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo - in the amount of its value;
  • in case of loss of cargo handed over for transportation with a declaration of its value - in the amount of the declared value of the cargo.

The cost of the cargo is determined based on its price indicated in the Seller’s invoice, and in the absence of an invoice, based on the price that, under comparable circumstances, is usually charged for similar goods.

4.3. The Carrier, along with compensation for established damage caused by loss, shortage or damage to the cargo, returns to the Sender the freight charge collected for the transportation of lost, missing, spoiled or damaged cargo, since, according to this agreement, this fee is not included in the cost of the cargo.

4.4. Documents on the reasons for the failure of the cargo (commercial act, general form act, etc.), drawn up by the Carrier unilaterally, are subject in the event of a dispute to be assessed by the court along with other documents certifying circumstances that may serve as the basis for liability of the Carrier, Sender or Recipient cargo

5. Final provisions

5.1.
Before filing a claim against the Carrier arising from the carriage of goods, the Sender (Recipient) is obliged to submit a claim to him in the manner prescribed by ___________________________________________________________. (name of transport charter or code)

5.2. In everything else not regulated by this agreement, there will be

the provisions of the Civil Code of the Russian Federation, ________________________________________________ apply.
(name of transport charter or code)

5.3. The Agreement comes into force from the moment it is signed and is drawn up in _______ copies.

cargo transportation agreement sample

Contract for the carriage of goods.

_____________, passport _______, residing at _______, hereinafter referred to as the “Sender”, on the one hand, and _____________, passport _______, residing at _______, hereinafter referred to as the “Carrier”, have agreed as follows.

1. THE SUBJECT OF THE AGREEMENT.

1.1. The Carrier undertakes to deliver the cargo listed in Appendix 1 to the Agreement to the destination, namely: ADDRESS _____________, within 2 days and transfer the cargo to _________________ (indicate the person's full name, as well as passport details), and the Sender undertakes to pay for the transportation at the price. Specified in clause 2 of the Agreement.

2. PRICE OF THE CONTRACT.

2.1.
The sender undertakes to pay the carrier _____ rubles for delivery of the cargo specified in the application. 2.2. Payment is made within 3 days from the date of signing the contract.

3. OBLIGATIONS OF THE PARTIES

3.1.
The sender is obliged: 3.1.1.
Transfer the above cargo to the Recipient within the time period agreed upon by both parties. 3.1.2.
Pay for the transportation of cargo, for work and services performed by the Carrier at the request of the Sender, within the terms agreed upon in this agreement. 3.1.3.
To pay, by additional agreement of the parties, for services not provided for in this agreement, performed by the Carrier at the request of the Sender. 3.1.4.
Submit an application to the Carrier for the carriage of goods in the prescribed form within the period ________________________________________. 3.1.5.
Issue a waybill (another document for the cargo) to the Carrier. 3.1.6.
The sender has the right: 3.1.7.
Refuse submitted vehicles that are unsuitable for transporting cargo. 3.2.
The carrier is obliged: 3.2.1.
Deliver the cargo to its destination within the time period specified by transport charters and codes, or within a reasonable time. 3.2.2.
Provide the Sender of the cargo with serviceable vehicles in a condition suitable for transportation of cargo for loading within the following period: __________________________________________.
3.2.3.
In case of uncollected cargo, issue a report drawn up by the Carrier unilaterally on the circumstances under which the cargo was lost and the amount of unsaved cargo. 3.2.4.
The Carrier has the right: 3.2.5. To retain the cargo transferred to him for transportation in order to secure the carriage charge due to him and other payments for transportation.

4. RESPONSIBILITY OF THE PARTIES FOR VIOLATIONS OF TRANSPORTATION OBLIGATIONS

4.1.
In case of non-fulfillment or improper fulfillment of transportation obligations, the parties bear liability established by the Civil Code of the Russian Federation, other legal acts, as well as the following liability established by agreement of the parties: - for each day of delay in delivery of cargo, the Carrier is obliged to pay a penalty in the amount of 5% of the contract price established clause 2 of the Agreement.
4.2.
The carrier for failure to provide vehicles for the transportation of goods within the period provided for in subparagraph. 2.1 of this agreement, and the Sender for failure to present the cargo or failure to use the provided vehicles bears the responsibility established by legal acts, as well as the following responsibility provided for by agreement of the parties 4.3.
The Carrier and the Sender are released from liability in the event of non-delivery of vehicles or non-use of provided vehicles, if this occurred due to: - force majeure, as well as due to other natural phenomena (fires, drifts, floods) and military actions; — cessation or restriction of cargo transportation in certain directions established in accordance with the procedure.

5. CARRIER'S LIABILITY FOR LOSS, SHORTAGE AND DAMAGE OF CARGO

5.1.
The Carrier is responsible for failure to preserve the cargo that occurs after it was accepted for transportation and before delivery to the Recipient, unless it proves that the loss, shortage or damage to the cargo occurred as a result of circumstances that the Carrier could not prevent and the elimination of which did not depend on it. 5.2.
Damage caused during the transportation of cargo is compensated by the Carrier: - in case of loss or shortage of cargo - in the amount of the cost of the lost or missing cargo;
- in case of damage to the cargo - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo - in the amount of its value;
- in case of loss of cargo delivered for transportation with a declaration of its value - in the amount of the declared value of the cargo.
The cost of the cargo is determined based on its price indicated in the Seller’s invoice (and in the absence of an invoice, based on the price that, under comparable circumstances, is usually charged for similar goods).
5.3. The Carrier returns to the Sender the freight charge collected for the transportation of lost, missing, spoiled or damaged cargo, since, according to this agreement, this fee is not included in the price of the cargo.

6. FINAL PROVISIONS

6.1.
Before filing a claim against the Carrier arising from the carriage of goods, the Sender (Recipient) is obliged to submit a claim to him in the manner prescribed by _____________________________________________________. 6.2.
In everything else not regulated by this agreement, the provisions of the Civil Code of the Russian Federation, ________________________________________ will be applied. 6.3.
The Agreement comes into force from the moment it is signed and is drawn up in _______ copies. 6.4.
Addresses and bank details of the parties: Sender: ____________________________________________

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