The main act regulating the legal relationship between the transporter and the sender is the contract for transport services. The sample can be downloaded for free.
The direction of cargo transportation in our country is quite well developed. Transport services are in demand by society. Sending and receiving goods is accompanied by transport companies. For the convenience of customers, organizations contain forms and samples of accompanying documents in databases. The dominant pact regulating the legal relationship between the carrier and the sender is a contract for transport services. An example of an agreement can be downloaded for free via a direct link in the corresponding block on the page.
Transport services may include the transportation of not only goods, but also people. The main purpose of the discussed services is the movement of a subject or object from point "A" to point "B" in order to achieve certain goals. Of course, that transport relations should be regulated by the contract, and contain obligations to avoid disputes. Civil law does not single out this institution as a separate legal relationship. Regulation of transport arrangements of the subjects takes place in a general manner.
Mandatory clauses of the contract for transport services
:- Title, place of the event, date;
- Details of the parties, full names of authorized representatives, the basis for their functioning;
- Subject of obligation, technical parameters;
- Powers, obligations, liability issues, force majeure, force majeure;
- Additional points at the discretion of the participants, final provisions;
- The procedure for resolving disputes, signatures and transcripts, banking and other data.
CONTRACT
FOR PROVISION OF TRANSPORT 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 concluded this Agreement as follows:
- 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 indicated 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 e-mail the consent to fulfill 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 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 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 for 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. To bear responsibility for all consequences of non-compliance with 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.
- Responsibility of the parties
4.1. The Carrier is liable in the following cases:
4.1.1 In case 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 carriage of goods by road, approved by the Decree Government of the Russian Federation dated April 15, 2011 No. 272.
4.1.3. For delay in 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 so delayed its acceptance that the cargo could not be unloaded at the scheduled time, the Carrier has the right to deposit the cargo in a warehouse or return it to the Consignor at the expense of the Customer with notice to the Customer.
4.2.4. The customer is responsible for all consequences of the absence or unsatisfactory condition of containers or packaging.
- 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.
- 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 rendering the service to the Customer, indicating the date and time of operation of the vehicle, is the consignment note, the waybill of the truck or the route sheet with the 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 a postal item or a telegraphic message of the other party, certified by 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 that are identical to the receipt by 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 the e-mail addresses of the Customer, from which the latter sends Applications for the provision of cargo transportation services.
- force majeure circumstances 7.1. The Parties shall be 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 corresponding 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
The contract for the provision of transport services is below. You can also read an interesting article that will help the carrier protect itself from unscrupulous customers:
CONTRACT
for the provision of motor transport services No.
Saint 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 the "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 terms 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 warehouse of the Consignee" - delivery of cargo from the place of loading of the rolling stock to the warehouse of the Consignee specified by the Customer.
1.3. The Contractor provides services on the basis of and in accordance with the Customer's Application, which is drawn up in any form agreed by the parties.
1.4. The Contractor organizes the 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. Executor's Responsibilities:
2.1.1. Accept Applications for the transportation of the Customer's goods no later than 8 hours before the declared time for the delivery of the rolling stock for loading.
2.1.2. Accept the Customer's Application by filling in the appropriate columns and affixing the signature of the authorized person of the Contractor, and no later than 4 hours after receiving it, send the accepted Application to the Customer by mail or facsimile. The Contractor has the right to refuse (the refusal must be motivated) from the execution of the Application, which informs the Customer within 1 (one) hour from the receipt of the Application by mail or facsimile.
2.1.3. Ensure timely delivery of rolling stock that is serviceable and suitable for transportation.
2.1.4. Ensure the acceptance of cargo for transportation according to properly executed shipping documents. The contractor carries out the acceptance of the cargo at the warehouse of the consignor (only if the warehouse packaging is preserved).
2.1.5. Ensure timely delivery of goods to destinations.
2.1.6. The Contractor is obliged to fulfill the obligations assumed in strict accordance with the instructions of the Customer.
2.1.7. Upon execution of the Application, the Contractor shall draw up an Acceptance Certificate for the services rendered, which shall be sent 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. Customer Responsibilities:
2.2.1. Submit requests for transportation in a timely manner. The application is made in writing and sent to the Contractor's address by facsimile, or reported orally by phone, no later than 17 (Seventeen hours) prior to 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 pack properly, group by consignees and unloading points), prepare passes for the right of way to the place of loading (unloading), as well as provide the Contractor or his representatives (drivers of the rolling stock) with correctly executed and completely completed shipping documents (waybill, 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 bill of lading, drawn up in two copies, is the main transportation document, according to which this cargo is written off by the consignor and capitalized 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 the rolling stock on their own (or require it from the consignees) in compliance with safety regulations and conditions that ensure the safety of the cargo and the rolling stock, as well as securing the cargo, while not allowing the rolling stock to be idle beyond the established time limits.
2.2.5. Ensure access roads to loading (unloading) points, as well as loading and unloading areas in good condition, ensuring free and safe movement and maneuvering of rolling stock at any time of the day, in accordance with applicable requirements and standards.
2.2.6. Ensure that the rolling stock is loaded within the norms for the total mass and other established norms for loaded vehicles in the Russian Federation. Before loading, check the suitability of the rolling stock for the transportation 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 redirection of the cargo or refusal of the consignee to accept, 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 terms provided for in this Agreement and its annexes.
3. Payment procedure
3.1. For the fulfillment of obligations under this Agreement, the Customer pays the Contractor the agreed costtransport services , the amount of which is determined based on the Contractor's tariffs specified in Appendix No. 1 to this agreement.
3.2. The cost of transport services is indicated in the directions Customer invoices. Settlements between the Parties are made in non-cash form (by transfer to the Contractor's bank account).
3.3. If there are contractual rates for the relevant works (services) denominated in foreign currency, the Customer pays the cost of actually rendered services 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 paying the invoices issued by the Contractor, the Contractor may refuse to provide him with 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 date of receipt of the invoice.
4. Liability of the parties
4.1. The Contractor is fully responsible 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 the cargo, the Contractor is obliged to reimburse the Customer for the cost of the lost or damaged cargo (or part thereof), according to the cost indicated in the shipping documents. As proof of 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, certificate of integrity/damage of 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 date the Customer provides documentary evidence of the loss or damage to the cargo.
4.3. In case of non-delivery or untimely submission by the Contractor of the rolling stock for loading (more than 6 hours) or its submission in a condition unsuitable for the carriage of this cargo, as well as for a delay in the delivery of cargo, the Contractor pays 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 of 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 released 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 arising after the filing of the relevant Application as a result of extraordinary events that the parties could neither foresee nor prevent by reasonable measures. Under no circumstances shall the Customer be released 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.
CONTRACT №___
G. _____________________
"___" ______________ of the year
"Organization" represented by Director Petr Petrovich Petrov, acting on the Charter, hereinafter referred to as the "Customer", on the one hand and
Individual entrepreneur Ivanov Ivan Ivanovich, acting on the basis of a certificate of state registration No. _______ dated » » __________ 20___, hereinafter referred to as the "Carrier", on the other hand, have concluded this agreement, hereinafter the Agreement, as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Carrier undertakes to accept and transport people and their luggage, and the Customer undertakes to present people for transportation.
1.2. To perform the transportation, the Carrier allocates to the Customer vehicles ______________, in the amount specified in the application (Appendix No. 1).
1.3. The validity period of the Agreement is established by the parties from the moment of signing and is valid until the parties fully fulfill their obligations.
2. TERMS OF CARRIAGE OF PEOPLE AND OBLIGATIONS OF THE PARTIES
2.1. The carrier carries out transportation of people and their luggage in accordance with the Rules of the road.
2.2. The carrier is obliged:
ensure the supply of vehicles to the landing points specified in the Customer's application (Appendix No. 1);
submit for landing serviceable rolling stock in a condition suitable for transporting people and meeting sanitary requirements;
assume responsibility for the safety of all people transported under the Treaty.
2.3. The customer is obliged:
carry out on their own and means boarding and disembarking people on the bus;
visually check the suitability of the rolling stock for the transportation of people before loading;
appoint a responsible person responsible for compliance with the rules and order when transporting people on the bus.
3. CARRIAGE PAYMENTS
3.1. The amount under the contract is ___________(__________________________________) rubles.
3.2. The customer pays for the services rendered until _________________, based on the act of services performed and the carrier's invoice.
4. RESPONSIBILITIES OF THE PARTIES
4.1. In case of non-delivery of vehicles for loading, the Carrier, at the request of the Customer, pays all losses of the Customer related to obligations to third parties that have not been fulfilled due to the failure to deliver vehicles at the set time.
4.2. In the event that the Customer refuses from the transportation declared by him less than 1 day before the date of the declared transportation, the Customer pays a penalty in the amount of 10% of the cost of the declared transportation.
4.3. If the non-delivery of vehicles at the set time has occurred due to force majeure circumstances, the Carrier is exempt from paying fines and penalties provided for in clause 4.1.
5. CONDITIONS FOR TERMINATION OF THE AGREEMENT
5.1. The Contract may be terminated by the Customer unilaterally in case of failure by the Carrier to comply with clause 2.2. Agreement.
5.2. Termination of the Agreement by one of the parties does not release the parties from satisfaction of claims that occurred before the application for termination of the Agreement.
6. ADDITIONAL TERMS
6.1. All disputes under the Agreement are resolved in the arbitration court in the manner prescribed by law.
6.2. All changes and additions to the Agreement shall be made in writing and signed by both parties.
6.3. The contract is drawn up in 2 copies of 1 copy. for each side.
7. LEGAL ADDRESSES AND DETAILS OF THE PARTIES
LLC "Organization"
Legal address:
___________________________
Actual address:
______________________________
TIN ____________ KPP __________
r / s ___________________________
Bank__________________________
BIC _________________________
Director______P.P. Petrov
"__" ______________ G.
Individual entrepreneur Ivanov.I.I.
Address:
__________________________________
Agreement No._
for the provision of transport services
LLC "Ivanov", hereinafter referred to as the “Customer”, represented by Director Ivanov I.I., acting on the basis of the Charter, on the one hand, and LLC "Petrov", hereinafter referred to as the “Contractor” represented by General Director Petrov P.P., acting on the basis of the Charter, on the other hand, collectively referred to as the “Parties”, have concluded this Agreement as follows:
1. The Subject of the Agreement
1.1. The Contractor assumes obligations during the term of this Agreement to provide the Customer with transport services, including transportation and freight forwarding services, and other services, and the Customer undertakes to accept and pay for the services rendered in accordance with the terms of this Agreement.
1.2. The Contractor provides services under this Agreement on the basis of the Customer's application, drawn up in accordance with Appendix No. 1, which is an integral part of this Agreement.
2. Cost of services
2.1 The cost of services is determined on the basis of Appendix No. 2, which is an integral part of this agreement.
2.2 The cost of services is subject to change in the event of a change in prices for fuel and lubricants by signing an additional agreement by the Parties.
2.3 All proposals to change the types, volumes and cost of services provided under this Agreement shall be sent by one Party to the other Party at least 10 calendar days before the start of the proposed change period.
3. Payment procedure
3.1. The calculation under the contract is made by the Customer for the actually rendered services within 10 (ten) calendar days from the date of signing the Certificate of Completion of Works (Services) on the basis of the Certificate of Completion of Works (Services) submitted by the Contractor, invoices issued by the Contractor after signing by the Parties of the Certificate of Completion of Works ( services). The invoice is provided within 5 calendar days after the signing of the Certificate of Completion of Works (Services).
3.2. The act of completed works (services) must be submitted by the Contractor to the Customer for consideration and its subsequent signing no later than the 10th (tenth) day of the month following the month in which the services were provided. If there are no claims on the part of the Customer regarding the quality and timing of the services provided, the Certificate must be signed by the Customer no later than the 15th (fifteenth) day of the month following the month in which the services were provided. If the Customer delays signing the Certificate of Completion of Works (Services) and does not provide a reasoned refusal to accept services without good reason until the 15th (fifteenth) day of the month following the month in which the services were provided, the services under this Agreement are considered accepted by the Customer and are subject to payment in the manner prescribed by section 3 of this Agreement.
3.3. Engagement by the Contractor to provide services to third parties is possible only upon agreement with the Customer.
3.4. On a monthly basis, the Parties are obliged to reconcile the fulfillment of obligations and mutual settlements with the preparation of the relevant Reconciliation Report. The reconciliation act must be signed by the Customer and the Contractor within 30 (thirty) calendar days following the last day of the month in which the services were provided.
4. Obligations of the performer
4.1. The Contractor undertakes:
4.1.1. provide services in accordance with the conditions established by this Agreement;
4.1.2. in agreement with the Customer, determine the scope and nature of services;
4.1.3. ensure the timely supply of vehicles in good condition, suitable for transport services in accordance with the requests of the Customer;
4.1.4. equip vehicles with everything necessary to fulfill obligations under this Agreement, as well as provide drivers with the necessary documentation for the implementation of the Agreement.
5. Obligations of the customer
5.1. The customer undertakes:
5.1.1. accept and pay for the services rendered by the Contractor in a timely manner, in accordance with the Certificates of Completion of Works (Services) signed by the parties and on time, in accordance with the terms of this Agreement;
5.1.2. immediately notify the Contractor of all violations committed by the Contractor's personnel;
5.1.3. inform the Contractor in writing about a change in the mode of service provision already agreed for a month, shift or refusal of equipment.
6. Conditions and procedure for the provision of services
6.1. Services are provided on any day of the week, including Saturday and Sunday, at the request of the Customer, containing the number and type of rolling stock required, the date, time and place of loading, the delivery time of the cargo and other conditions necessary for the implementation of high-quality delivery of the cargo.
6.2. The dispatcher of the Customer sends the application by fax until 14:00 of the day preceding the day of loading. The Contractor informs the Customer by facsimile about the consent/disagreement to carry out the transportation according to the application within two hours from the moment of its acceptance.
6.3. The Customer has the right to refuse the services of the Contractor on a previously sent application, subject to notification of this in writing during the working hours of the day preceding the day of submission of the relevant vehicle.
6.4. The Contractor submits vehicles to the loading address specified in the application in a fully operational condition that meets all the technical requirements for such vehicles.
6.5. In the event of a malfunction in the vehicle during the provision of services, the Contractor must immediately notify the Customer, but in any case as soon as possible, replace the defective vehicle with an equivalent serviceable vehicle.
6.6. Upon arrival at the place of loading and after its completion, the driver / executor of the vehicle in his waybill, the Customer notes the time of arrival and departure from the place of loading, respectively.
6.7. The time of arrival of the car for loading is calculated from the moment the driver/executor presents the waybill at the loading point, and the time of arrival of the car for unloading - from the moment the driver/executor presents the consignment note at the unloading point.
6.8. The customer submits the following documentation for the cargo presented for transportation:
Bill of lading, which is the main accompanying document, according to which the cargo is accepted for transportation and delivered to the consignee;
All shipping documents necessary for the smooth organization of the trucking of the accepted cargo from the point of loading to the point of unloading, including certificates, quality certificates, copies of contracts, directions, etc.
6.9. Loading and unloading are considered completed after the delivery to the driver/executor of the completed shipping documents for the cargo.
6.10. Loading of goods onto a vehicle, securing, sheltering and linking of goods is carried out by the Customer. The driver/executor checks the compliance of the stowage and securing of cargo in the rolling stock with the requirements of traffic safety and ensuring the safety of the cargo and rolling stock, if necessary, informs the Customer about the observed shortcomings in the stowage and securing of the cargo that threaten its safety. The customer, at the request of the driver / contractor, is obliged to eliminate the detected shortcomings in the stowage and securing of the cargo.
6.11. Loaded vehicles are sealed by the Customer at the place of loading in the presence of the driver/executor of the vehicle.
6.12. The contractor organizes the transportation of goods only if all the documents necessary for transportation are available.
7. Liability of the parties
7.1. In case of non-fulfillment or improper fulfillment by the Parties of their obligations under this Agreement, the Parties shall bear property liability provided for by the current legislation of the Russian Federation and this Agreement.
7.2. In the event that one party causes losses to the other party, the latter has the right to recover from the guilty party the losses in full.
7.3. If the Customer does not pay monthly for the services rendered by the Contractor in accordance with clause 3.1. of this Agreement, the Contractor has the right to recover from the Customer a penalty in the amount of 0.1 (zero point one tenth) percent of the cost of the unpaid monthly volume of services for each day of delay in payment.
8. Privacy
8.1. The Parties undertake not to distribute to third parties any information related to the business or commercial secrets of the other Party and / or use them for purposes not related to the execution of this Agreement.
9. Dispute Resolution
9.1. The Parties will take all measures to resolve disputes and disagreements arising in relation to this Agreement in a friendly way. If no agreement is reached, the party that allowed the improper performance of obligations is subject to a claim within the time limits established by the civil legislation of the Russian Federation.
9.2. If the Parties fail to reach an agreement, then all disputes and disagreements are resolved in an arbitration court at the Chamber of Commerce and Industry of the Samara Region.
10. Entry into force of the treaty and its duration
10.1. This Agreement shall enter into force from the moment of its signing by both Parties and shall be valid until December 31, 2012, and in terms of settlements until their full completion.
10.2. If no later than 30 days before the expiration of the specified period, none of the Parties expresses a desire to terminate this Agreement, the Agreement is automatically extended for the next calendar year.
10.3. This Agreement may be terminated early in the cases and in the manner prescribed by the current legislation of the Russian Federation.
11. Force majeure
11.1. The Parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement if they were the result of force majeure circumstances beyond the reasonable control of the Parties, namely: fire, flood, earthquake, epidemic, epizootic, war, hostilities, as well as a ban on exports and import, the embargo of the Government of the Russian Federation and other competent authorities on the activities of the parties, as well as other circumstances that, in accordance with applicable law, may be classified as force majeure circumstances. The term for the performance of the Contractual obligations is proportionally postponed for the duration of such circumstances.
11.2. The Party for which it became impossible to fulfill obligations under this Agreement must immediately (within 24 hours) notify the other Party of the occurrence and termination of such circumstances and provide documents confirming the existence of such circumstances. The proof of the facts specified in the notice is a certificate issued by the Chamber of Commerce and Industry.
11.3. If force majeure circumstances last more than one calendar month, then each Party has the right to terminate this Agreement, about which the Parties will sign an appropriate supplement to this Agreement on its termination bilaterally.
12. Final provisions
12.1. All changes and additions to this Agreement are made in writing.
12.2. All changes and additions to this Agreement are considered valid only if they are signed by authorized representatives of the Parties.
12.3. All changes and additions to this Agreement, signed subject to the requirements of p.p. 12.1 and 12.2. are an integral part of the Agreement.
12.4. After the entry into force of the agreement, all previous correspondence between the Parties relating to the subject of this Agreement becomes invalid.
12.5. The reorganization of any of the Parties is not a basis for changing the terms or terminating the Agreement. In this case, the Agreement shall remain in force for the assignees of the parties.
12.6. This Agreement is made in two original copies having equal legal force.
13. Addresses and details of the parties
