Contract for the provision of services for the organization of transportation of goods. Standard contract for the provision of transport services (sample form)

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STANDARD AGREEMENT
for the provision of transport services

G.____________________

"__" ____________ 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, when jointly referred to as the "Parties" , have concluded this Agreement for the provision of transport services (hereinafter referred to as the Agreement) on the following:

1. The Subject of the Agreement

1. The 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 representatives of the Customer, technical and other resources of the Customer (hereinafter referred to as the "Cargo") at the request of the latter, by vehicles belonging to the Contractor (hereinafter referred to as the "Services"), in accordance with the needs of the customer.

1.2. Services under this agreement are considered rendered after signing by the Parties of the Certificate of acceptance and delivery of the rendered Services.

1.3. This Agreement shall enter into force upon its signing by both Parties.

2. Procedure for the 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 its part and sends to the Contractor an application for the provision of Services under this Agreement (Application Form - Appendix No. 3), in which indicates the characteristics necessary for the provision of Services by the Contractor:

2.1.1. the volume of the consignment of the Customer's Cargo provided for transportation / the number of the Customer's representatives to be transported;

2.1.2. characteristics of the Cargo (weight, number of units, etc.), transportation route, tariff specified in Annexes No. 1, No. 2 and applied in a specific transportation. If necessary, determined on the basis of the characteristics of the Cargo, the application may also contain additional requirements for the transportation of the Cargo;

2.1.3. terms or time of submission of the Contractor's vehicles;

2.1.4. terms or time of execution of the Customer's application.

2.2. The Contractor submits to the Customer an application approved by its side within 1 (one) business day from the date of its receipt from the Customer or within the same period requests from the Customer additional information about the characteristics of the goods necessary for the Contractor to properly fulfill 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 Appendixes No. 1, No. 2 to this Agreement, and the Customer's application agreed by the Parties. The basis for payment is the invoice for payment issued by the Contractor after the Parties sign the relevant Acceptance and Delivery Certificate for the Services rendered and submit the documents by the Contractor in accordance with clause 4.1.4 of this Agreement.

3.2. Payment for the Services rendered properly in accordance with the terms of this Agreement and accepted by the Customer without comment 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 of this Agreement.

3.3. The reconciliation report for each month of the provision of the Services shall be submitted by the Contractor to the Customer no later than the seventh day of the month following the month of the provision of the Services.

3.4. The moment of payment is considered the moment of debiting Money from the correspondent account of the Customer's bank.

4. Rights and obligations of the Contractor

4.1. The contractor is obliged:

4.1.1. Ensure the supply of technically sound vehicles, ready for the carriage of goods according to the applications at the agreed address and time within the time specified in the application.

4.1.2. Ensure the safety of the cargo from the moment it is accepted for transportation under the consignment note until the moment the cargo is transferred to the Consignee, with the appropriate mark in the consignment note, as well as the safety of passengers during the transportation of the Customer's representatives.

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 act of acceptance and delivery of the Services rendered, bills of lading with a mark on the delivery of goods, certified by the seal of the Customer or another authorized Consignee, the Customer's coupon, copies of waybills, invoice and invoice - invoice. The invoice is issued by the Contractor no later than 5 (five) calendar days from the date of receipt of the amount of payment or partial payment on account of the upcoming transportation of goods in the form prescribed by current legislation Russian Federation in one copy.

4.1.5. Timely inform the Customer of any delays that may lead to violations of the terms of this Agreement.

4.1.6. Organize compliance with the terms for the provision of Services, in accordance with the terms of this Agreement and the Customer's application.

4.1.7. By own efforts and at its own expense, provide refueling of vehicles with fuel and maintain them in a technically sound condition.

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 to the Customer 10 calendar days before the planned suspension of the provision of the 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 Services of the Contractor with their proper performance. Sign the Certificate of acceptance and delivery of 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, 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 on its own and by means in accordance with existing rules and in compliance with safety requirements within a period of not more than 24 hours from the moment the vehicles are submitted for loading.

5.2. The customer has the right:

5.2.1. At any time, check the procedure and quality of the provision of Services by the Contractor, without interfering in its activities, except in cases of violation of the requirements of transportation in the provision of 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 present to the Contractor a claim for payment of a penalty in the form of a penalty in the amount of ________% (________ 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 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 ________% (________ percent) of the cost of the specified at this point of service.

6.2. For violation by the Customer of contractual obligations to pay for the Services of the Contractor, the latter has the right to present to him a demand for 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 the moment of full payment for the carriage.

6.3. In the event that 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 date of receipt of the 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 presentation by the parties of a penalty 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, is made in writing by sending the appropriate demand (claim) for their payment and compensation. At the same time, a written demand (claim) is not, under this agreement, a document 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 amounts of recoverable losses and penalties are recorded (recognised) from the moment the court decision providing for the recovery comes into force, or from the moment the said amounts are credited to the settlement account if the payment by the guilty Party was made in a 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 the direct actual damage caused to the Customer. At the same time, the liability of the Contractor for the loss, shortage and damage (spoilage) of the cargo is determined in accordance with Article 796 of the Civil Code of the Russian Federation.

6.6. For violation by the Contractor of the terms for the provision of the 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 ________% (________ 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 by this Agreement, the Parties shall be liable 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 execute this Agreement unilaterally by notifying the Contractor in writing in the following cases:

- delay by the Contractor of the start of the provision of Services for more than ________________ (________________) days for reasons beyond the control of the Customer;

- delay by the Contractor in the provision of Services by more than ________________ (________________) days, except for the cases specified in clause 4.2.1 of this Agreement;

- entry into force of acts government agencies 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 a written notice from the Customer or from the date specified in the relevant notice.

7.2. Upon termination of the Agreement by agreement of the Parties or unilaterally, the Customer pays the Contractor the cost of the actually rendered Services at the time of termination of this Agreement.

on the provision of transport services in a person acting on the basis of , hereinafter referred to as " Customer”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Executor”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this Agreement, the Contractor, on the basis of applications, undertakes to provide the Customer with transportation services, namely passenger transportation by passenger cars, within the territory.

1.2. The Contractor provides services under this agreement on its own or by third parties using its own or rented cars.

1.3. The Customer undertakes to pay for the services of the Contractor for the carriage of passengers, carried out under this Agreement, in the manner and within the time limits stipulated by this Agreement.

2. OBLIGATIONS OF THE PARTIES

2.1. The Contractor undertakes:

2.1.1. Provide at any time of the day required amount technically serviceable cars with drivers at the points and terms specified by the Customer.

2.1.2. By the date of each month, provide the Customer with an Acceptance and Transfer Certificate of services on the work-transportations performed for the previous month, as well as an invoice for payment for the work performed.

2.1.3. To guarantee the Customer the provision of the services specified in clause 1.1, clause 1.2 of this Agreement at the approved tariffs in accordance with Appendix No. 1 to this Agreement.

2.1.4. Inform the customer about the change in tariffs for the services of the Contractor in writing no later than one day before the introduction of new tariffs. At the same time, the Contractor reserves the right to unilaterally and without prior notice to the Customer temporarily increase the amount 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, on time and in the manner provided for in this Agreement.

2.2.2. Guarantee the Contractor compliance with the rules by the passengers transported by the Contractor on the orders of the Customer traffic, the requirements of the driver, as well as their observance of public order. It excludes the possibility of a passenger in the car in a state of strong alcohol intoxication causing damage to the car by the latter, committing other actions that threaten the safety of the driver, other passengers and traffic.

3. PROCEDURE FOR THE PERFORMANCE OF THE CONTRACT

3.1. The customer, at least one hour before the intended trip, makes an order passenger car through the Contractor's dispatch service. Orders placed later than the specified deadlines are considered urgent and are carried out by the Contractor without a guarantee of a free car and compliance with the start time of the trip.

3.2. 15 minutes before the intended trip, the Contractor must inform the Customer about the details of the car delivery (brand, color, state number of the car).

3.3. Disputes and disagreements arising from this Agreement or in connection with it will be resolved by representatives of the parties through negotiations. If no agreement is reached, the dispute is referred to the judicial authorities.

4. PAYMENT PROCEDURE

4.1. The cost of services provided by the Contractor is determined in accordance with Appendix No. 1, which is an integral part of this Agreement.

4.2. Settlements between the parties under this agreement occur in the following order:

4.2.1. Within calendar days from the date of signing this agreement, the Customer transfers to the Contractor's settlement account 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 settlements between the Contractor and the Customer, and the balance remaining after the settlements is transferred to the month following the reporting month.

4.2.3. At the end of the reporting month, before the next month, the Contractor issues an invoice to the Customer for the services performed for the reporting period, and also provides the Service Acceptance Certificate. 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 sale of the Contractor's services are not drawn up.

4.4. Payment for the services of the Contractor under this Agreement can 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 payment to the cashier of the Contractor.

4.5. Full payment for services under this Agreement is made no later than the date of each month for the past month.

5. ACCEPTANCE OF SERVICES

5.1. The fact of the proper provision of services under this Agreement is confirmed by the Certificate of acceptance and transfer of services signed by the Parties.

5.2. Services under this Agreement are considered to be performed properly and within the established time limits, if within calendar days from the date specified in the Services Acceptance and Transfer Certificate, the Customer has not handed over the signed Certificate to the Contractor and has not provided written claims and / or objections to the Contractor.

6. RESPONSIBILITIES OF THE PARTIES

6.1. The Parties shall be liable 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 released from liability for partial or complete failure to fulfill obligations under this Agreement, if this failure was the result of force majeure circumstances or extraordinary events that arose after the conclusion of the Agreement, which the parties could not foresee and prevent.

7. TERM OF THE CONTRACT

7.1. This agreement comes into force from the moment of its signing by authorized representatives of the parties and is valid until "" 2019 and can be extended for 1 calendar year if none of the Parties declares its intention to terminate the Agreement.

7.2. Early termination of the Agreement is possible at the request of one of the Parties after the settlement of all settlements. The initiator of termination of the Agreement is obliged to notify the other Party of his decision at least one day before the date of termination of the Agreement.

8. FINAL PROVISIONS

8.1. All disputes that arose between the parties in the course of fulfilling the terms of this Agreement are resolved through negotiations, and if no agreement is reached, in the Arbitration Court.

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 made in writing, duly executed and signed by both parties or their legal representatives.

8.4. All annexes, amendments and additions to this Agreement, signed by the parties, have priority over the main text of this Agreement.

8.5. This Agreement is made in two original copies having 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

Executor Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

10. SIGNATURES OF THE PARTIES

Customer _________________

Artist _________________

______________ "___" __________ 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 concluded 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 states.

Clause 1 of Art. 164 of the 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 the conditions of transportation, the sender, recipient and description of the cargo.

1.3. In accordance with this agreement, the Customer instructs, and the Contractor provides services for the execution of transportation documents, documents for customs purposes and other documents necessary for the carriage of goods.

2. TERMS AND CONDITIONS OF CARGO FORWARDING

2.1. The cargo is accepted for forwarding on the basis of the Application submitted by the Customer.

2.2. The Customer submits a written Application to the Contractor during the business day preceding the date of acceptance of the goods for transportation.

2.3. The 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 by the Parties, according to the number of packed indivisible pieces, without inspection and checking of 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, not have sharpened corners, protrusions, etc., which can lead to damage or contamination of the carrier's transport, as well as other cargo transported with it. Tare or packaging must ensure the safety of the cargo throughout the entire transportation and reloading and comply with GOST and TU.

2.6. The basis for receiving the cargo is a power of attorney to receive goods and materials and the consignment note of the Contractor (hereinafter referred to as the "Invoice"). The waybill contains information about the sender, recipient, 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 (waybill, invoices, certificates, etc.).

2.8. The Contractor organizes the delivery of the Customer's cargo to the airport, railway station, terminal of destination or "to the door" of the recipient. Transportation on the terms "to the door" includes the delivery of cargo to the warehouse building, office of the consignee or to the entrance of a residential building, if the recipient - individual.

2.9. Provided that the cargo is delivered “to the door”, the receipt of the cargo is certified by the signature and seal (stamp) of the consignee in the Waybill. If the consignee is an individual, then the consignment note contains the recipient's passport data, certified by his signature.

2.10. A standard package is considered to be a package with dimensions up to 100 x 50 x 50 cm and weight up to 80 kg. The possibility of sending non-standard packages is agreed by the Parties separately, at the written request of the Customer.

2.11. Banknotes, securities, credit cards, jewelry, products made of precious metals, foodstuffs, strong narcotic and psychotropic substances, firearms, pneumatic, gas weapons, ammunition, edged weapons, including throwing ones, are not accepted for forwarding.

2.12. The possibility of sending dangerous and valuable cargoes is agreed by the Parties separately, at the written request of the Customer.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1 Artist:

3.1.1 has the right to independently determine the type of transport, the route of cargo transportation, the sequence of cargo transportation various types 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 start fulfilling its obligations 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 indicated by the Customer in the Consignment note on special equipment in the warehouse. The data specified in the carrier's consignment note are taken as the basis for determining the cost of transportation.

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 expense of the Customer in order to prevent possible loss, shortage or damage to the cargo during transportation.

3.1.5 has the right to establish, change tariffs for 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 provide advice to 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 downtime of vehicles and for idle mileage of the Vehicle due to the fault of the Customer.

Downtime is understood as the time spent by the vehicle at the address of loading / unloading, during which the sender / recipient did not take actions aimed at issuing the cargo to the Forwarder and processing required documents.

An idle run is understood as the delivery of a vehicle for loading / unloading, in which there was no receipt of cargo for transportation or delivery of cargo to the recipient through 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 goods and materials and the waybill.

3.1.9 is obliged, on behalf of the Customer, to organize the storage of cargo in a warehouse in accordance with the cost agreed upon by the Parties additional services Contractor.

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 a cargo insurance contract against the risks of total loss, loss, damage to the cargo for the period of its transportation. Under the concluded insurance contract, the beneficiary is the Customer.

3.1.12 is obliged, at the request of the Customer, to provide data on the location of the cargo, as well as to ensure the availability of information on the status of cargo delivery on the Contractor's Internet page.

3.2 Customer:

3.2.1 has the right to choose the route and mode of transport.

3.2.2 has the right to require the Contractor to provide information on the process of cargo transportation.

3.2.3 is obliged to provide the Contractor in a timely manner with complete, accurate and reliable information about the properties of the cargo, about the conditions of its transportation and other information necessary for the fulfillment of obligations by the Contractor and the documents necessary for the implementation of customs, sanitary control, other types of state control.

3.2.4 is obliged to ensure the readiness of the cargo, marking and packaging corresponding to the nature of the cargo and ensuring the complete safety of the cargo during transportation.

3.2.5 is obliged to correctly and legibly fill in and sign the Invoice provided by the Contractor.

3.2.6 is obliged to provide the original documents or their duly certified copies in the event that representatives of the 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 cost of services to the Contractor in the amount and in the 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 method of delivery. The cost of each transportation is agreed 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 fact of 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 by the parties and at the agreed frequency. Advance payment is made according to invoices issued.

4.4 Payment of the Contractor's invoices must be made by the Customer within 10 banking days from the date of receipt of the invoice by fax (but no later than the last calendar day of the month in which the export transportation was organized).

Provided that the Customer fails to comply with the terms of payment of invoices, the Contractor does not guarantee the Customer the taxation of services under the terms of clause 1 of Art. 164 of the Tax Code of the Russian Federation.

4.5 The Contractor has the right not to proceed with the execution of the Customer's order if there is an overdue debt on the Contractor's accounts.

4.6 The original documents (invoice and Certificate of performance of the contract) are sent to the Customer by mail, after the conditions of clause 4.4 are met. contracts. In case of non-receipt of the 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 the confidentiality of this Agreement (i.e. not to allow the dissemination of information about the terms of the Agreement to other persons).

6. RESPONSIBILITIES OF THE PARTIES

6.1 For non-fulfillment or improper fulfillment of the obligations stipulated by the contract for the provision of services for the organization of 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 breach of obligation is caused by improper performance of the contract of carriage, the liability to the Customer of the Contractor who has concluded the contract of carriage is determined on the basis of the rules under which the relevant carrier is responsible to the Contractor.

6.3 The Contractor is not responsible for the lack of attachments of packages, if the integrity of the package was not violated during the delivery process.

6.4 The Contractor is not responsible if the fact of damage and / or opening of 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 liable for losses caused to the Contractor in connection with the failure to fulfill obligations to provide information specified in this Agreement.

6.6 The Customer is responsible in accordance with the 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

7.1 Either Party has the right to terminate this Agreement by notifying the other Party within 30 days.

7.2 The Party that has declared its refusal to execute this Agreement shall reimburse the other Party for losses caused by the termination of this Agreement.

8. FORCE MAJOR

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, hostilities, war, Civil War, as well as strikes, actions and regulatory instructions of state bodies that are binding on at least one of the Parties that arose after the conclusion of the Agreement, and provided that these circumstances directly affected the fulfillment of their obligations by the parties.

8.2 In the event of force majeure circumstances, the term for the performance of 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 contract, the Parties make full mutual settlements within 5 days.

9. 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 referred to the Arbitration Court ________________ in accordance with the current legislation of the Russian Federation.

10. OTHER TERMS

10.1 The term of this Agreement begins from the moment it is signed by both parties and is established until _____________. If none of the Parties notifies the other Party of the termination of the Agreement 30 days before the expiration of the Agreement, the Agreement shall be extended for each subsequent calendar year.

10.2 All changes and additions to this Agreement are valid only if they are made in writing and signed by authorized representatives of the Parties. All annexes to this Agreement are its integral part.

10.3 This Agreement is made in two copies, having equal legal force, one copy for each of the Parties.

11. LEGAL ADDRESSES AND DETAILS OF THE PARTIES

  1. SIGNATURES OF THE PARTIES

CUSTOMER

______________________________

_______________/___________

EXECUTOR

______________________________

_______________/___________


Annex No. 1 to the Agreement for the provision of services for the organization of cargo transportation


No. ____________ from "______" ______________

Application No. 2

to the Agreement for the provision of services for the organization of transportation of goods

No. __________ from "____" ________ ____

ACT №______

Delivery and acceptance of services rendered from

Invoice no.

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 has provided services for organizing the transportation of goods worth ____________________________ rubles, including VAT ______________________ rubles. The quality of the services performed fully meets the requirements of the Customer, the services are properly executed. This act testifies to the acceptance of the services rendered and serves as the basis for mutual settlements between the Contractor and the Customer.

The contract, 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 the tasks of 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, on time and for a certain period. In turn, the customer has an obligation to pay for the services rendered in the amount specified in the contract.

As a rule, part of the financial settlements is carried out on an advance payment, based on the invoice issued by the contractor. The fact of the provision of services is confirmed by the issued waybill, after which the final payment for the work performed is made.

The signing of the contract for the provision of transport services is carried out by both participants, and the document comes into force from the moment it is concluded. The contract may stipulate the conditions for making changes and amendments to the text of the document, which are 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 none of the parties initiated the 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 the necessary information regarding the order. Information is provided in writing or orally, 1 working day before the start of the service;
  • timely pay for the service provided, in accordance with the financial section of the contract;
  • ensure the safety of the vehicle. The performer is responsible material liability for damage to property (due to their own fault or the fault of passengers).

The contractor is obliged:

  • start 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 violations of the conditions: payment of a fine, forfeit 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.

CONTRACT

FOR PROVISION OF TRANSPORT SERVICES No.

Moscow "_____" _______________20______

Limited Liability Company "", hereinafter referred to as the "Carrier", represented by Director General ____________________, 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 concluded this Agreement as follows:

  1. Subject of the contract

1.1. Under this agreement, the Carrier undertakes to deliver the cargo transferred to it by the Customer (hereinafter referred to as the “Service”), the characteristics of which, the point of loading and the destination are specified in the Application, drawn up according to the model given in Appendix No. 1 to the Agreement.

1.2. An application for transportation can be submitted by the Customer by fax or by e-mail in a scanned form at least 6 (six) hours before the arrival of the Carrier's vehicle at the loading point.

1.3. The Carrier confirms by facsimile or by e-mail the consent to the execution of the Customer's Application no later than 1 (One hour) before the time of delivery of the car.

1.4. The Carrier undertakes to release the cargo at the point of destination to a person authorized by the Customer to receive the cargo, hereinafter referred to as the "Consignee". The authority of such a person is confirmed by presenting 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 cargo, 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. Procedure for settlements

2.1. The price of the contract consists of the cost of transportation services (car operation) and the cost of loading and unloading services (work of loaders), which are indicated 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 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 provided to the Customer on the basis of the waybill and the waybill, the Customer is obliged to immediately pay such a difference.

  1. 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 car 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 destination and release it to the Consignee specified by the Customer in accordance with the Application.

3.1.4. Deliver the goods entrusted to him 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 terms agreed by the parties upon confirmation of the Customer's application. Organize the receipt of cargo at the place of its unloading. Loading and unloading are carried out by the Customer, unless otherwise 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 transportation, as well as other information necessary for the proper performance by the Carrier of the obligations stipulated by this agreement.

3.2.3. Ensure that the Consignee accepts 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 that the service has been performed.

3.2.4. In the event that goods need tare 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, present them for transportation in tare or packaging that fully meets 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 responsible for all consequences of discrepancy between the reality of the information indicated by him in the application. The carrier has the right to verify the correctness of this information.

3.2.6. Provide marks in the bill of lading and waybill about the time of arrival and departure of vehicles from loading and unloading points. The terms of cargo delivery 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.

  1. Responsibility of the parties

4.1. The Carrier is liable in the following cases:

4.1.1 In the event of non-delivery of 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. 4.1.2. In the event of loss or damage to cargo accepted for transportation, 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 state prior to damage in the manner prescribed by law, subject to the mandatory execution of documents provided for in Chapter VII of the Rules for the Transportation of Goods by car, approved by Decree of the Government of the Russian Federation of April 15, 2011 No. 272.

4.1.3. For delay in the delivery of cargo, the Carrier, at the written request of the Customer, pays 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 penalty for late delivery of the goods may not exceed the cost of transportation. The delay in the delivery of cargo is calculated from twenty-four hours of the day when the cargo must be delivered. The basis for charging a penalty for delay in the delivery of goods is a note in the consignment note about the time of arrival of the vehicle at the unloading point.

4.2. The responsibility of the Customer arises in the following cases:

4.2.1. In the event that the Customer does not present the Cargo for loading by the Customer within the time period specified in the application, or does not 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 applicable tariffs. 4.2.2 . In case of delay in payment of the invoice for the services rendered by the Carrier, the Customer, at the request of the Carrier, shall pay to the Carrier a penalty in the amount of 0.1% of the cost of the services rendered for each delayed day. 4.2.3. If the Recipient did not accept the cargo at the time specified in the Application or refused it, or delayed its acceptance so that the cargo could not be unloaded at set time, the Carrier has the right to hand over the cargo for storage to a warehouse or return it to the Consignor at the expense of the Customer with notification of the Customer.

4.2.4. The customer is responsible for all consequences of the absence or unsatisfactory condition of containers or packaging.

  1. Settlement of disputes

5.1. All disputes and disagreements arising between the parties in the process of execution of this Agreement, the parties will try to resolve through negotiations. If disputes and disagreements remain unresolved, 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. Claims of the Customer arising under this Agreement must be presented in writing within 5 days after the grounds for their presentation arise. 5.3. In everything that is not stipulated in this Agreement, the Parties are guided by the current legislation of the Russian Federation.

  1. Special conditions

6.1. The Carrier has the right to use the services of third parties to fulfill the Application.

6.2. All annexes 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 consider valid until the exchange of originals.

6.4. Any agreements of the parties to change and / or supplement the terms of this Agreement are valid if they are executed 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 services to the Customer, indicating the date and time of operation of the vehicle, is a waybill, waybill truck or 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/or e-mail on acceptance of the work within 5 working days from the date of sending by the Carrier of the act on the work performed (services rendered). In case of acceptance of the work, the Customer undertakes to return the signed copy of the acceptance certificate for the work performed.

6.7. This Agreement may be terminated by agreement of the parties or by the court at the request of one of the parties only in case of a material breach of the terms of the Agreement. The consequences of termination of this Agreement are determined by mutual agreement of the parties or by the 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 to be prolonged for the next calendar year.

6.10. This Agreement and its annexes are drawn up in two copies, having equal legal force, one copy for each of the Parties.

6.11. The Carrier may, at the written request of 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 Contract. When organizing cargo insurance by the Carrier, the Carrier's remuneration is paid on the basis of an agreed application for each specific insurance service.

6.12. The parties draw up and sign acts of reconciliation of mutual settlements on a quarterly basis no later than the 15th day of the first month of the next quarter, or within 15 calendar days after the provision of the service by the Carrier, 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 duly executed within 10 days from the date of its receipt.

6.13. Refusal or evasion of the Recipient Party from receiving postal item or telegraph message of the other party (such as: return of correspondence by a communication 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 Party - the addressee of the corresponding postal item or telegraphic 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 personal data of other persons, the Customer guarantees that the consent of the above persons to provide their personal data to the Contractor is received by the Customer, and is liable in case of any claims against the Contractor due to non-compliance with this condition.

6.15. The Customer, by providing information about his 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 addresses Email of the Customer, from which the latter sends Applications for the provision of cargo transportation services.

  1. 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 prevent the execution of this Agreement. 7.2. To the circumstances specified in clause 7.1. of the Agreement include: war and hostilities, uprising, 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 recognized and declared cases of force majeure. 8. Legal addresses and details of the parties