Transport services agreement with an individual. Standard contract for the carriage of goods

Contract for the provision of motor transport services No. __

______________ “__” _______ 2014__

Represented by ______________ hereinafter referred to as "Customer", acting on the basis of ______________ on the one hand, and LLC "_______" represented by the director ________________., acting on the basis of the Charter, hereinafter referred to as "Executor", on the other hand, have entered into this agreement as follows:

1. The Subject of the Agreement
1.1. The Contractor undertakes to provide for the Customer, at his request, a vehicle with a driver for the transportation of goods, and the Customer undertakes to pay for the Contractor’s services.

2. Payment procedure
2.1 Payment for motor transport services is made by the Customer through mutual settlements. If there is a difference in debts and it is impossible to set off, payment is made by transfer Money to the Contractor's bank account.
2.2 The Customer makes payments for the work performed within 10 days from the date of receipt of the Contractor’s invoice (demand).
2.3. The cost of services provided is determined by the parties based on the work actually performed in accordance with the waybill or service acceptance certificate.
2.4. The day of payment is considered to be the day the debts are offset or funds are credited to the Contractor's account.

3. Rights and obligations of the parties
3.1. The customer undertakes :
- Provide the Contractor with information about the order in written or oral form, no less than 24 hours or in real time for execution before the start of execution of the order.
- Accept services and pay for them in accordance with the terms of this agreement.
- Ensure the operation of vehicles without downtime.
- In case of underload of transport or empty mileage, pay according to the carrying capacity of the vehicle.
- Use vehicles only for the purpose specified in the application.
3.2. The Contractor undertakes:
- Start providing services under this agreement from the moment the agreement is signed.
- Provide the services entrusted to him properly, in accordance with the requirements for services of this type, subject to financing and receiving from the Customer the information necessary for the provision of services.
3.3. The performer has the right:
- Involve other persons in the execution of the contract, being responsible to the Customer for the results of their services.
4. Procedure for accepting services
4.1. After the Contractor has provided the service entrusted to him, the Customer is obliged, with the participation of the Contractor, to accept its result. Acceptance of services provided is formalized by the parties signing a service acceptance certificate.
5. Termination of the contract.
5.1. The Customer has the right to refuse to perform services, subject to payment to the Contractor for the expenses actually incurred by him, having previously notified the Contractor at least 3 days before termination of the contract.
5.2. The Contractor has the right to refuse to perform services by notifying the Customer at least 3 days before termination of the contract.
5.3. In the event that the impossibility of fulfilling the order arose due to circumstances for which neither party is responsible, the Customer shall reimburse the Contractor for the actual expenses incurred.

6. Responsibility of the parties
6.3. In case of failure to comply with the terms of this agreement, the parties are liable in accordance with current legislation Russian Federation.
6.4. In case of late payment, the Customer pays the Contractor a penalty in the amount of 0.1% of the unpaid amount for each day of late payment.
7. Additional terms
7.1. This agreement comes into force from the moment it is signed by both parties and is valid for a year from the date of its conclusion
7.2. All disputes related to this agreement are resolved by agreement of the parties, and if no agreement is reached, in arbitration court. A dispute may be referred to the court only after the Parties comply with the pre-trial (claim) procedure for resolving disputes.
7.3. All changes and additions to the agreement are valid if they are in writing and signed by both parties.
7.4. If neither party declares termination of the contract after the end of its term, then the contract is considered extended for the next period (the contract period is considered to be a calendar year).

8. Legal addresses, details.

on the provision of transport services in a person acting on the basis, 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 entered into this agreement, hereinafter " Agreement”, 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 transport services, namely passenger transportation by passenger vehicles, 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 Contractor's services for the transportation of passengers, carried out under this Agreement, in the manner and within the terms provided for in this Agreement.

2. OBLIGATIONS OF THE PARTIES

2.1. The Contractor undertakes:

2.1.1. At any time of the day, provide required quantity technically sound passenger cars with drivers at the points and times specified by the Customer.

2.1.2. Before the date of each month, provide the Customer with a Certificate of acceptance and transfer of services on the transportation work performed during the previous month, as well as an invoice for payment for the work performed.

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

2.1.4. Inform the customer about changes in tariffs for the Contractor's services in writing no later than days before the introduction of new tariffs. In this case, the Contractor reserves the right to unilaterally and without prior notice to the Customer, temporarily increase the tariffs during 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's compliance with the rules by passengers transported by the Contractor under the Customer's orders traffic, the driver’s requirements, as well as their compliance with public order. The possibility of a passenger being in the car in a state of strong alcoholic intoxication, causing last harm car, committing other actions that threaten the safety of the driver, other passengers and road traffic.

3. PROCEDURE FOR IMPLEMENTATION OF THE AGREEMENT

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

3.2. 15 minutes before the intended trip, the Contractor must inform the Customer about the details of the delivery of the car (make, color, license plate 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. During calendar days from the moment of signing this agreement, the Customer transfers to the Contractor’s bank 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 settlements between the Contractor and the Customer, and the balance remaining after settlements is carried forward to the month following the reporting month.

4.2.3. At the end of the reporting month, before the date of the next month, the Contractor issues an invoice to the Customer for services performed for the reporting period, and also provides a Service Acceptance Certificate. The Service Acceptance and Transfer Certificate is signed by the parties within days from the date of receipt of the Certificate 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, and invoices for the sale of the Contractor’s services are not prepared.

4.4. Payment for the Contractor's services under this Agreement can be made by the Customer in the following ways:

4.4.1. by bank transfer to the Contractor's bank account using the details specified in the invoice for payment;

4.4.2. for cash payment to the Contractor's cash desk.

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 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 on time if, within calendar days from the date specified in the Service 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. RESPONSIBILITY OF THE PARTIES

6.1. The parties are responsible for failure to fulfill or improper fulfillment of obligations in accordance with the provisions of this Agreement, the Civil Code of the Russian Federation, and the Charter of Motor 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 AGREEMENT

7.1. This agreement comes into force from the moment it is signed 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 settlement of all settlements. The initiator of termination of the Agreement is obliged to notify the other Party of his decision no less than days before the date of termination of the Agreement.

8. FINAL PROVISIONS

8.1. All disputes that arise between the parties during the implementation of 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 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 take precedence over the main text of this Agreement.

8.5. This Agreement is drawn up in two original copies having equal legal force, one for each of the Parties.

8.6. The terms of this Agreement, additional agreements thereto and other information received by the Parties in accordance with the Agreement are confidential and not subject to disclosure.

AGREEMENT

FOR PROVISION OF TRANSPORT SERVICES No.

Moscow "_____" _______________20______

Limited Liability Company " ", hereinafter referred to as the "Carrier", represented by General Director ____________________, acting on the basis of the Charter, on the one hand,

and _________________________________________________, hereinafter referred to as the “Customer”, represented by the General Director _________________________________________________, acting on the basis of the Charter on the other hand, have entered into this Agreement as follows:

  1. Subject of the agreement

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, loading point and destination are indicated in the Application drawn up according to the sample given in Appendix No. 1 to the Agreement.

1.2. An application for transportation can be submitted by the Customer by facsimile or by e-mail in scanned form no less than 6 (six) hours before the arrival of the Carrier’s vehicles at the loading point.

1.3. The Carrier confirms by fax or e-mail its consent to fulfill the Customer’s Request no later than 1 (One hour) before the time of delivery of the car.

1.4. The Carrier undertakes to deliver the cargo at the point of destination to the person authorized by the Customer to receive the cargo, hereinafter referred to as the “Consignee”. The authority of such a person is confirmed by presenting the following documents to the Carrier: passport and power of attorney to receive the cargo.

1.5. If the Consignee is not at the place of delivery of the goods, the Carrier must contact the Customer and agree on further actions.

1.6. The customer undertakes to pay all costs associated with the transportation of goods in accordance with current tariffs.

2. Payment procedure

2.1. The contract price consists of the cost of transportation services (car work) and the cost of loading and unloading services (loader work), 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 payment terms are agreed upon in the Application.

In case of discrepancy preliminary cost order specified in the Application and the cost of services actually provided to the Customer on the basis of the waybill and 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. Provide the Customer for loading at the facility specified in the Application with a serviceable vehicle suitable for transporting cargo and meeting the established requirements.

3.1.2. Accept the cargo from the Customer at the delivery location 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 cargo entrusted to him in the same condition as at the time of acceptance.

3.2. The customer is obliged:

3.2.1. Organize the loading and unloading of cargo by the Shipper and the Consignee within the time limits agreed upon by the parties upon confirmation of the Customer’s application. Organize the receipt of cargo at the place of unloading. Loading and unloading are carried out by the Customer, unless other conditions are specified in the Application.

3.2.2. By the time of arrival of the vehicle at the place of transfer of cargo agreed upon in the Application, 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 provided for in this agreement.

3.2.3. Ensure that the Consignee accepts the cargo within the time period specified in the Application, as well as ensures that the Consignee properly prepares accompanying documents confirming the completion of the service.

3.2.4. If goods require containers or packaging to protect them from loss, damage, deterioration and deterioration of quality for other reasons during transportation, to protect against damage to vehicles or other goods, they must be presented for transportation in containers or packaging that fully meets these requirements . The Customer is responsible for all consequences of the absence or unsatisfactory condition of containers or packaging, in particular, he must compensate the Carrier for any damage resulting from this.

3.2.5. Bear responsibility for all consequences of non-compliance with the reality of the information specified in the application. The carrier has the right to verify the accuracy of this information.

3.2.6. Provide notes on the waybill and waybill about the time of arrival and departure of vehicles from loading and unloading points. The delivery time of cargo is determined by the Carrier and the Customer, and in cases where there is no corresponding agreement, within the time limits established for transportation by current legislation.

  1. Responsibility of the parties

4.1. The Carrier's liability arises in the following cases:

4.1.1 In case of failure to provide vehicles for transportation 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 overdue 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 the state prior to the damage in the manner established by law, with the mandatory execution of documents provided for in Chapter VII of the Rules for the Transportation of Cargoes by car, approved by Decree of the Government of the Russian Federation of April 15, 2011 No. 272.

4.1.3. For late 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 fine for late delivery of cargo cannot exceed the cost of transportation. Delay in delivery of cargo is calculated from twenty-four hours of the day when the cargo should be delivered. The basis for charging a fine for late delivery of cargo is a mark on the delivery note indicating the time of arrival. vehicle to the unloading point.

4.2. The Customer's liability arises in the following cases:

4.2.1. In case of failure to present the Cargo for loading by the Customer within the period specified in the application, or failure to use the submitted vehicles in accordance with the terms of this agreement, at the request of the Carrier, the Customer shall pay a fine in the amount of the cost of two hours of transport operation in accordance with current tariffs.4.2.2 . In case of delay in payment of the invoice for services provided by the Carrier, the Customer, at the Carrier’s request, pays the Carrier a penalty in the amount of 0.1% of the cost of services provided for each overdue 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 much that the cargo could not be unloaded in set time The Carrier has the right to deposit the cargo in a warehouse or return it to the Shipper's address at the Customer's expense with notification of this to 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 mandatory compliance with the claims procedure. The party that received the claim is obliged to consider it and respond on the merits of the claim in writing no later than 5 days from the date of receipt of the claim.

5.2. The Customer's claims arising under this Agreement must be submitted in writing within 5 days after the grounds for their presentation arise.5.3. In everything that is not specified 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 of their approval by the Parties to the Agreement.

6.3. The parties agreed to consider facsimile copies of the signed Agreement and other documents to be valid until the originals are exchanged.

6.4. Any agreements of the parties to amend and/or supplement the terms of this Agreement are valid if they are in writing, signed by the parties to the Agreement and sealed by the parties.

6.5. A document confirming the provision of services to the Customer indicating the date and time of operation of the vehicle is a consignment note, waybill truck or a route sheet with notes from the consignee.

6.6. The service is considered accepted if the Customer, within 5 working days from the date the Carrier sent the certificate of work performed (services rendered), has not sent a reasoned refusal to the Carrier by mail, fax and/or e-mail regarding acceptance of the work. If the work is accepted, the Customer undertakes to return a signed copy of the work acceptance certificate.

6.7. This Agreement may be terminated by agreement of the parties or by a court at the request of one of the parties only in the event of a significant violation of the terms of the Agreement. The consequences of termination of this Agreement are determined by mutual agreement parties or the court at the request of any of the parties to this Agreement.

6.8. This Agreement comes into force from the moment it is signed by both parties and is valid until ______________.20_______.

6.9. If neither party has expressed its desire to terminate the Agreement, then it is considered extended 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, upon a written application from the Applicant on his behalf and at his expense (subject to 100% prepayment of the cost of insurance and the Carrier's remuneration, as well as provision by the Customer necessary documents and information about the cargo) conclude a Cargo Insurance Agreement. When the Carrier organizes cargo insurance, the Carrier's remuneration is paid on the basis of an agreed application for each specific insurance service.

6.12. The parties quarterly draw up and sign acts of reconciliation of mutual settlements no later than the 15th day of the first month of the next quarter, or within 15 calendar days after the provision of services 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 mutual settlements reconciliation act is obliged to return it properly executed within 10 days from the date of its receipt.

6.13. Refusal or evasion of the recipient Party from receiving, certified by employees of the communications organization postal item or a telegraph message from the other party (such as: return of correspondence by a communications organization due to the expiration of its storage period or the absence of the addressee at the address determined in accordance with Chapter 8 of this Agreement, as well as for other reasons) entail legal consequences, identical to the receipt by the addressee Party of the corresponding postal item or telegraph message.

6.14. The Customer gives unconditional consent to the processing and storage of personal data provided in connection with the execution of the Agreement. When the Customer provides personal data of other persons, the Customer guarantees that the consent of the above persons to provide their personal data to the Contractor has been received by the Customer, and is responsible in the event of any claims being made to the Contractor due to non-compliance with this condition.

6.15. Customer, providing information about subscriber numbers mobile communications themselves, as well as the Shipper/Consignee (or their authorized representatives) directly or through the Shipper, gives their consent to receive SMS notifications from the Contractor, and also confirms their desire to receive such SMS notifications. This rule also applies to the Customer’s email addresses 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 failure to fulfill or improper fulfillment of their obligations under this Agreement in the event of force majeure circumstances directly or indirectly preventing the execution of this Agreement.7.2. To the circumstances specified in clause 7.1. The Agreement includes: war and hostilities, uprising, epidemics, earthquakes, floods, drifts, acts of government authorities directly affecting the subject of this Agreement, termination or restriction of the transportation of goods in the relevant direction, as well as other events that the arbitration court or other competent authorities will be recognized and declared as cases of force majeure. 8. Legal addresses and details of the parties

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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, collectively referred to as the “Parties” , have entered into this Agreement for the provision of transport services (hereinafter referred to as the Agreement) as follows:

1. 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 the Customer’s representatives, technical and other resources of the Customer (hereinafter referred to as the “Cargo”) at the latter’s request, using vehicles owned by the Contractor (hereinafter referred to as the “Services”), in accordance with the needs of the Customer.

1.2. Services under this agreement are considered provided after the Parties sign the Certificate of Acceptance and Delivery of Services Rendered.

1.3. This Agreement comes into force from the moment it is signed by both Parties.

2. Procedure for provision of Services

2.1. The Customer, as the need arises for the provision of Services by the Contractor, two working days before the date of commencement of the provision of Services, prepares in writing, signs on his part and sends to the Contractor an application for the provision of Services under this Agreement (Application Form - Appendix No. 3), in which specifies the characteristics necessary for the provision of Services by the Contractor:

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

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

2.1.3. deadlines or time of delivery of the Contractor's vehicles;

2.1.4. deadlines or execution time of the Customer’s request.

2.2. The Contractor submits to the Customer an application approved on its part within 1 (one) working day from the moment it is received from the Customer or requests from the Customer at the same time additional information on the characteristics of the cargo necessary for the Contractor to properly fulfill its obligations under this Agreement.

3. Contract price and payment procedure

3.1. The cost of the Services provided by the Contractor is determined based on the tariffs specified in Appendices No. 1, No. 2 to this Agreement, and the Customer’s application agreed upon by the Parties. The basis for payment is the invoice issued by the Contractor after the Parties have signed the relevant Acceptance Certificate for the Services provided and the Contractor has submitted documents in accordance with clause 4.1.4 of this Agreement.

3.2. Payment for Services provided duly in accordance with the terms of this Agreement and accepted by the Customer without comments is made by the Customer no later than the 30th day of the month following the reporting month, based on the documents provided by the Contractor specified in clause 4.1.4 of this Agreement.

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

3.4. The moment of payment is considered to be the moment of debiting funds from the correspondent account of the Customer’s bank.

4. Rights and obligations of the Contractor

4.1. The performer is obliged:

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

4.1.2. Ensure the safety of the cargo from the moment it is accepted for transportation according to the consignment note 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 when transporting representatives of the Customer.

4.1.3. Provide Services with proper quality and in full.

4.1.4. Submit to the Customer no later than the 3rd day of the month following the reporting month: an acceptance certificate for the Services rendered, invoices with a mark of cargo delivery, certified by the Customer’s seal or another authorized Consignee, the Customer’s coupon, copies of waybills, invoice and invoice invoice. 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 for the upcoming transportation of goods in the form provided for by the current legislation of the Russian Federation in one copy.

4.1.5. Promptly inform the Customer about any delays that may result in violation of the terms of this Agreement.

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

4.1.7. Provide fuel for vehicles and maintain them in good technical condition using their own resources and at their own expense.

4.2. The performer has the right:

4.2.1. If the Customer violates the payment deadline for the provision of the Service, suspend the provision of the Services by sending a written notice of this to the Customer 10 calendar days before the planned suspension of the provision of Services under the Agreement.

4.2.2. Refuse to transport Cargo that does not comply with the provided shipping documentation, as well as Cargo for which the specified documentation is not provided by the Customer.

5. Rights and obligations of the Customer

5.1. The customer is obliged:

5.1.1. Pay for the Contractor's Services if they are properly performed. Sign the Acceptance Certificate for the Services provided by the Contractor or send a reasoned refusal to sign the relevant Certificate.

5.1.2. Provide the Contractor with the necessary shipping documentation for the transported goods (bill of lading, documents provided for by sanitary, customs, quarantine, and other rules in accordance with the requirements of the legislation of the Russian Federation, certificates, quality passports, certificates, other documents, the availability of which is established by Federal laws, other regulatory legal acts of the Russian Federation).

5.1.3. Carry out loading and unloading of the Cargo using your own forces and means in accordance with existing rules and in compliance with safety requirements within a period of no more than 24 hours from the moment the vehicles are presented for loading.

5.2. The customer has the right:

5.2.1. At any time, check the procedure and quality of provision of Services by the Contractor, without interfering with its activities, except for cases of violation of transportation requirements when providing Services by the Contractor.

6. Responsibility of the Parties

6.1. For violation by the Contractor of the contractual obligations specified in clauses 1.1, 4.1.4 of this Agreement, the Customer has the right to present to the Contractor a requirement to pay 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 according 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 in this service point.

6.2. For violation by the Customer of contractual obligations to pay for the Services of the Contractor, the latter has the right to demand payment of a penalty in the amount of 0.1% (zero point one percent) of the amount of the overdue debt for each day of delay until full payment for the transportation.

6.3. If the invoice issued by the Contractor does not comply with the requirements of the legislation of the Russian Federation and the Contractor fails to eliminate these deficiencies within 5 days from the receipt of a request for their elimination from the Customer, the latter has the right to recover from the Contractor the amount of penalties imposed by the tax authority.

6.4. The parties present penalties and (or) other sanctions for violation of the terms of contractual obligations, as well as amounts of compensation for losses or other damage under this agreement, made in writing by sending a corresponding demand (claim) for their payment and compensation. At the same time, a written demand (claim) is not a document under this agreement that determines the date of receipt (accrual) by the Parties of income in the form of a penalty and (or) other sanctions for violation of the terms of contractual obligations.

The amounts of recovered damages and penalties are reflected in accounting (recognized) from the moment the court decision providing for collection comes into legal force, or from the moment the specified amounts are received in the current account if the payment by the guilty Party is made in pre-trial order.

6.5. For possible damage, loss and theft of cargo belonging to the Customer, from the moment the cargo is received by the Contractor, the latter bears full financial responsibility and compensates for direct actual damage caused to the Customer. In this case, the Contractor’s liability for loss, shortage and damage (spoilage) of 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 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 in this Agreement, the Parties bear responsibility in accordance with the legislation of the Russian Federation.

7. Procedure for termination of the Agreement

7.1. The Customer has the right to refuse to fulfill this Agreement unilaterally by notifying the Contractor in writing in the following cases:

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

- delay by the Contractor in providing the Services by more than ________________ (________________) days, except for the cases established by 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 the Customer’s written notice or from the date specified in the relevant notice.

7.2. If the Agreement is terminated by agreement of the Parties or unilaterally, the Customer pays the Contractor the cost of the Services actually provided at the time of termination of this Agreement.

______________ "___" __________ 20___

Hereinafter referred to as the Customer, represented by _________________________________________________, acting on the basis of ____________ , on the one hand, and ______________________________________________, hereinafter referred to as the Contractor, represented by ___________________________________________________________, acting on the basis of ____________________, on the other hand, hereinafter referred to as the Parties, have entered into this Agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. In accordance with this Agreement, the Customer instructs, and the Contractor provides, services for organizing the transportation of import-export cargo by any means of transport, both on the territory of the Russian Federation and on the territory of foreign countries.

Clause 1 of Art. applies to the legal relationship between the Contractor and the Customer under clause 1.1. 164 Tax Code of the Russian Federation.

1.2. The scope of the Contractor's services is determined by this Agreement and the Application (Appendix No. 1), which is drawn up by the Customer and is an integral part of this Agreement. The Application contains information about transportation conditions, sender, recipient and description of the cargo.

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

2. CONDITIONS OF CARGO FORWARDING

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

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

2.3. An application received by the Contractor by fax or e-mail is equivalent to a written one and has full legal force.

2.4. The cargo is accepted during the working day of the shipment date agreed upon by the Parties, according to the number of packed indivisible pieces, without inspection and checking the contents for internal completeness and the presence of obvious or hidden defects.

2.5. The container or packaging must have a clean outer surface and not have sharp corners, protrusions, or anything else that could lead to damage or contamination of the carrier’s vehicle, as well as other cargo transported with it. The container or packaging must ensure the safety of the cargo throughout transportation and transshipment and comply with GOST and TU.

2.6. The basis for accepting the cargo is a power of attorney to receive goods and materials and the Contractor’s waybill (hereinafter referred to as the “Waybill”). The Consignment Note contains information about the sender, recipient, and characteristics of the cargo. Acceptance of cargo for forwarding is certified by the signature of the sender and the Contractor in all copies of the Waybill, one copy of which is handed over to the sender.

2.7. Acceptance of cargo for forwarding is accompanied by the transfer by the sender of shipping documents (bill of lading, invoices, certificates, etc.).

2.8. The Contractor organizes delivery of the Customer’s cargo to the airport, railway station, destination terminal or “to the door” of the recipient. Transportation on a “door-to-door” basis includes delivery of cargo to a warehouse building, the consignee’s office, or to the entrance of a residential building if the recipient is an individual.

2.9. Provided that the cargo is delivered “to the door,” receipt of the cargo is certified by the signature and seal (stamp) of the consignee in the Consignment Note. If the consignee is an individual, then the Consignment Note indicates the passport details of the recipient, certified by his signature.

2.10. A standard cargo item is considered to be a cargo item with dimensions up to 100 x 50 x 50 cm and weighing up to 80 kg. The possibility of sending non-standard cargo items is agreed upon by the Parties separately, upon the written request of the Customer.

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

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

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1 Performer:

3.1.1 has the right to independently determine the type of transport, the route of cargo transportation, the sequence of cargo transportation 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 begin fulfilling its duties until the Customer provides documents, as well as other information necessary for the execution of this Agreement.

3.1.3 has the right to check the correctness of the volumetric and physical weight specified by the Customer in the Invoice for special equipment in the warehouse. The basis for determining the cost of transportation is the data specified in the carrier’s invoice.

3.1.4 has the right not to accept the cargo for transportation if the packaging does not correspond to the nature of the cargo. By prior agreement of the Parties, the Contractor may carry out packaging at the Customer’s expense in order to prevent possible loss, shortage or damage to the cargo during transportation.

3.1.5 has the right to set and change tariffs for transport and forwarding services and publish information about tariffs and services on the Contractor’s website on the Internet (www._______).

3.1.6 has the right to advise the Customer on the issues of reducing costs for individual operations, increasing the efficiency of shipments by choosing rational routes.

3.1.7 has the right to issue invoices for each hour of vehicle downtime and for idle vehicle mileage due to the fault of the Customer.

Downtime is understood as the time the vehicle was at the loading/unloading address, during which the sender/recipient did not perform any actions aimed at issuing the cargo to the Forwarder and completing the necessary documents.

Idle mileage means the delivery of a vehicle for loading/unloading, during which the cargo was not received for transportation or the cargo was not delivered to the recipient due to the fault of the sender/recipient.

3.1.8 is obliged, upon acceptance of the cargo, to issue to the sender the Contractor’s power of attorney to receive the goods and materials and the Waybill.

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

3.1.10 is obliged, on behalf of and at the expense of the Customer, to organize the transportation of cargo across the territory of the Russian Federation, accompanied by armed guards.

3.1.11 is obliged, on behalf of the Customer, to enter into an agreement to insure the cargo against the risks of complete loss, loss, or damage to the cargo for the period of its transportation. According to the concluded insurance contract, the beneficiary is the Customer.

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

3.2 Customer:

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

3.2.2 has the right to demand that the Contractor provide information about the process of cargo transportation.

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

3.2.4 is obliged to ensure the readiness of the cargo, marking and packaging that corresponds to the nature of the cargo and ensures complete safety of the cargo during transportation.

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

3.2.6 is obliged to provide original documents or their duly certified copies if representatives of regulatory authorities have doubts about the reliability of the information provided about the cargo.

3.2.7 is obliged to ensure that the nature of the cargo specified in the Application corresponds to the nature of the cargo actually received by the Contractor.

3.2.8 is obliged to pay the Contractor the cost of services in the amount and manner established by this Agreement.


4. PAYMENT PROCEDURE

4.1 The cost of services is calculated by the Contractor in Russian rubles in accordance with the Application and based on the physical or volumetric weight of the cargo, route and delivery method. The cost of each transportation is agreed upon by the Parties separately.

4.2 Payment for services is made by the Customer on the basis of invoices issued by the Contractor in Russian rubles upon the provision of services, in the form of non-cash or cash payment in Russian rubles.

4.3 Payment can be made by the Customer in advance in the amount agreed upon by the parties and at the agreed frequency. The advance payment is written off according to the invoices issued.

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

If the Customer fails to comply with the deadlines for paying bills, the Contractor does not guarantee the Customer the taxation of services under the terms of clause 1 of Art. 164 Tax Code of the Russian Federation.

4.5 The Contractor has the right not to begin executing the Customer’s instructions if there is an overdue debt on the Contractor’s accounts.

4.6 The original documents (invoice and Contract Fulfillment Certificate) are sent to the Customer by mail after the conditions of clause 4.4 are met. agreement. In case of failure to receive a signed Act or written objections from the Client within two weeks from the date of drawing up the Act, the Contractor has the right to consider the Act signed without objection.

5. PRIVACY

5.1. The parties undertake to maintain confidentiality about this Agreement (i.e. not to allow the dissemination of information about the terms of the Agreement to other persons).

6. RESPONSIBILITY OF THE PARTIES

6.1 For failure to fulfill or improper fulfillment of obligations stipulated by the contract for the provision of services for organizing the transportation of goods, the Contractor shall be liable on the grounds and in the amount determined in accordance with the legislation of the Russian Federation and this contract.

6.2 If the Contractor proves that the violation of the obligation is caused by improper performance of the contract of carriage, the liability to the Customer of the Contractor who entered into the contract of carriage is determined on the basis of the rules according to which the corresponding carrier is responsible to the Contractor.

6.3 The Contractor is not responsible for the lack of package contents if the integrity of the packaging was not compromised during the delivery process.

6.4 The Contractor is not responsible if the fact of damage and/or opening of the packages was not established by the consignee at the time of acceptance of the cargo, and a bilateral act was not drawn up with the participation of the authorized representative of the Contractor.

6.5 The Customer is responsible for losses caused to the Contractor in connection with failure to fulfill obligations to provide information specified in this Agreement.

6.6 The Customer is responsible in accordance with current legislation that the cargo transferred for shipment to the Contractor does not have attachments prohibited for transportation and was acquired legally.

7. EARLY TERMINATION OF THE AGREEMENT

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

7.2 The Party that declares refusal to perform this Agreement shall compensate the other Party for losses caused by termination of this Agreement.

8. FORCE MAJEURE

8.1 The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement in the event of force majeure circumstances (force majeure), such as: natural disasters, fire, uprising, flood, earthquake, hostilities, war, Civil War, as well as strikes, actions and regulatory instructions of government 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 the parties’ obligations.

8.2 If force majeure circumstances arise, the deadline for fulfilling contractual obligations is postponed for the duration of the relevant circumstances. If it is impossible to fulfill obligations within a period of more than 2 months, each of the Parties has the right to terminate this Agreement. In case of termination of the agreement, the Parties shall make full mutual settlements within 5 days.

9. PROCEDURE FOR CONSIDERATION OF DISPUTES

9.1 All disputes and disagreements that may arise under this Agreement must be resolved through negotiations between the Parties.

9.2 If it is impossible to reach an agreement between the Parties, all disputes that may arise under this Agreement shall be submitted to the Arbitration Court ________________ in accordance with the current legislation of the Russian Federation.

10. OTHER TERMS

10.1 The validity period of this Agreement begins from the moment it is signed by both parties and is established until _____________. If neither Party notifies the other Party of termination of the Agreement 30 days before the expiration of the Agreement, then the Agreement is extended for each subsequent calendar year.

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

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

11. LEGAL ADDRESSES AND DETAILS OF THE PARTIES

  1. SIGNATURES OF THE PARTIES

CUSTOMER

______________________________

_______________/___________

EXECUTOR

______________________________

_______________/___________


Appendix No. 1 to the Agreement for the provision of services for organizing the transportation of goods


No. ____________from “______”______________

Appendix No. 2

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

No.__________ from “____”________ ____

ACT No.______

Delivery and acceptance of services provided from

Invoice No. dated

By Order No. buyer code

We, the undersigned, the CONTRACTOR ___________________________________________, represented by ___________________________________________, on the one hand, and the CUSTOMER ___________________________________________, on the other hand, have drawn up this act stating that the Contractor provided services for organizing the transportation of cargo worth ___________________________ rubles, including VAT ______________________ rubles. The quality of the services provided fully satisfies the Customer’s requirements, the services are properly executed. This act indicates acceptance of the services provided and serves as the basis for mutual settlements between the Contractor and the Customer.

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