Contract for the Transport of Goods and Logistics

Uniform unimodal transport is carried out by the same mode of transport, e.g. by road; usually it is used when the initial and final points of transport of the logistics chain are assigned without intermediate storage or handling operations; the criteria for the choice of mode of transport in such transport are type of cargo, volume of shipment, time of delivery to the consumer, cost of transport; for example, for large-scale shipments and for access routes at the final point of delivery, it is more appropriate to use rail transport; for short-distance shipments, it is road transport.

Contents:

• Contract for the carriage of goods
• Contracts for the provision of logistics services
• Carriage of goods: which the consignor shall verify in the contract
• Logistics service contract
• Transport services: 4 steps towards easy transport of goods and goods
• Documentation in transport logistics: main areas of optimization
• Samples and document forms
• Contract for the provision of logistics services (example form)
• 2. 6. Types/types of transport

Contract for the carriage of goods

First of all, for what it is necessary, the transport of goods is inextricably linked to a variety of operations, ranging from packaging and marking to loading and unloading, often requiring professional equipment and a team of specially trained personnel.

But if your companys' staff is small and the flow of goods sent or received is significant, then it is cumbersome and economically unprofitable to do so on its own, in which case it is possible to seek the assistance of intermediaries, i.e. the services of so-called freight forwarders, whose business is to deliver the goods safely and safely to their destination, and the rights and obligations of both parties are guaranteed by the contract of carriage.

In the legal literature, it is traditionally defined as a contract under which the freight forwarder undertakes, for remuneration and at the expense of the shippers' client or consignee, to perform or arrange for the performance of certain contractual services related to the carriage of goods; thus, the purpose of the freight forwarding service is to exempt economic entities from performing numerous and labour-intensive shipping, transport and receiving operations, as well as to enter into transport contracts with each mode of transport.

The existence of an intermediary between the entrepreneur and the transport organizations makes it possible for the former to save much of the time and money, thereby increasing their profits; the rights and obligations of the parties, the freight forwarder contract, as we have already mentioned, are primarily the responsibility of the freight forwarder to perform or arrange for the performance of services related to the carriage of the goods; these include: the organization of the carriage of the goods by transport and by the route chosen by the freight forwarder or client; the conclusion of contracts of carriage on behalf of the client or on his own behalf; receipt of the documents required for export or import; the execution of customs and other formalities; the delivery and receipt of the goods; the verification of the quantity and quality of the goods as stated in the documents; the loading and unloading of the goods; the payment of duties, fees and other expenses imposed on the customer; the storage of the goods, etc.

When receiving the goods, the freight forwarder is obliged to hand over to the client a freight forwarders' document, as well as to provide the originals of the contracts concluded under the contract of transport on behalf of the client on the basis of a power of attorney issued by him; pursuant to article GC of the Russian Federation, the freight forwarder is entitled to engage third persons in the performance of his duties, unless otherwise provided in the contract, and is not exempt from liability to the customer for the actions of these persons and in this case bears them on general grounds.

It is specifically stated in the Act that the freight forwarder is not entitled to enter into a cargo insurance contract on behalf of the customer unless expressly provided for in the freight forwarder contract.

The Act also specifies the conditions under which the freight forwarder may derogate from the clients' instructions, but only for the latters' benefit and with mandatory notification of the actions taken within 24 hours.

This may be the case if the customers' instructions are inaccurate or incomplete, or the freight forwarder, for reasons beyond his control, has not been able to seek the clients' consent to the derogation or to receive a response within 24 hours; when concluding the contract, it must be borne in mind that, under article 3 of the Act, the freight forwarder, if so provided in the contract, has every reason to retain the goods in his possession until the payment of the remuneration and reimbursement of the expenses incurred by him in the clients' interest.

In such cases, the customer is liable for the damage caused by the freight forwarders' retention; the client is obliged to pay the freight forwarders' remuneration and to reimburse him for the costs and expenses incurred in connection with the performance of the contract; the timing, form and manner of payment of all these sums are also specified in the contract; the law reserves the right to choose the mode of transport, the route and the sequence of the various modes of transport for the customer.

However, if the client waives this right, the freight forwarder may determine all the conditions on his own, but on the basis of the clients' interests, and the forwarder may verify the validity of the documents submitted by the client, as well as information on the characteristics of the goods, their conditions of carriage and other information necessary for the freighter to perform the duties stipulated in the contract of transport.

It is self-evident that it is the immediate responsibility of the client to provide the freight forwarder and the full and reliable information necessary for the customs, health and other forms of State control of documents in a timely manner; the content of such information, the list of documents submitted by the customer and the manner in which they are presented should be described in the treaty; this seemingly theoretical characteristic may have serious practical consequences in the course of the proceedings against the claims.

For example, there was a clients' claim to the freight forwarder for damages caused by non-compliance with the obligations under the freighters' contract, and the investigation revealed that the freight forwarder had made a commitment for payment and at the expense of the client to arrange for the transport of goods belonging to the customer in the territory of the Russian Federation.

In accordance with the terms of the contract, the client submitted a timely shipment application, which was accepted by the freight forwarder for execution, but later the freight forwarder refused to do so by taking the relevant note on the application form, as a result of which the customer was obliged to deliver the goods on his own behalf to the destination, and the arbitral tribunal found that the freighter had breached his obligations under the freight forwarders' contract and recovered the freighters' losses in favour of the customer.

The period for which the contract is concluded is determined primarily by the customer's needs — whether it is a one-off shipment or a flow of goods; for example, you can conclude a one-year contract for a transport cruise, where only the basic rights and obligations of the parties will be recognized.

And for each particular delivery, to prepare an annex or application describing what is being carried, where, when and to whom, depending on the ultimate objective of the contract for a transport expedition, several types of these documents can be distinguished: the contract for securing the delivery of the goods is a classic form of freight forwarding contract.

Under this contract, the freight forwarder assumes full responsibility for the transport process, from receipt of the goods from the shipper to discharge and delivery to the consignee, i.e. the customer is completely exempt from all actions related to the carriage of the goods, but the forwarder may comply with the terms of the contract either on his own, for example, if the goods can be delivered within the road and the freighter has his own vehicle fleet or involve third parties: to conclude contracts for carriage, for loading and unloading, and so on, if the goods follow a complex mixed route.

In both cases, according to article CK of the Russian Federation, the carrier himself is responsible for delivery to the customer; such a contract is as convenient as possible for organizations that do not have their own logistics departments, except in cases where the consignee enters into a contract for the delivery of the goods with the transport company and the shipper undertakes to deliver the goods to the freight forwarder, but to deliver them by itself to a certain place of transfer.

In this option, the obligation to deliver the goods and the responsibility for the goods shall be transferred to the freight forwarder at the time the goods are received from the consignor; this is important for all parties, since it determines not only the transfer of the goods but also the transfer of the risks of loss or damage to the goods.

In addition, the document recording the transfer of the goods is the main document confirming that the freight forwarder has assumed responsibility for the delivery of the particular goods.

There are sometimes situations in which the freight forwarders' representative deliberately exceeds the volume or weight of the cargo received and the customer subsequently receives an account whose amount is justly surprising; it is extremely difficult to prove that the cargo data have been distorted, and it is therefore necessary to entrust the delivery of the goods to a reliable and qualified staff who can verify the particulars contained in the consignment note or act.

The freight forwarding contract is the same type of contract for the delivery of goods but is concluded for a long period of time, and it is beneficial for the organization that regularly dispatches shipments to become a subscriber to the transport company, since annual service includes discounts and consequently lower freight costs.

The contract for the delivery of the goods to the carriers' location may also provide options for the contract for the receipt of the goods from the carrier at the destination and for the further delivery of the goods to the consignee, and suppose that you entered into a contract with the railway for the carriage of the goods on your own and entered into a contract with the customer for the delivery of the goods directly to the carriers' warehouse.

In such a situation, the best choice is to enter into a contract with a large transport company that has a branch in the region to which you send the goods. The responsibility of the freight forwarder will be: loading the vehicle at the shippers' warehouse, delivering the goods to the railway station and delivering them to the carrier, as well as receiving at the destination station, delivering and unloading at the final consignees' warehouse.

The individual freight forwarding services contract Such contracts are concluded by small companies that specialize in a single activity, such as loading and unloading, escorting and guarding the goods while en route or in customs, etc. Although the contract may be referred to differently in each case, it will be treated as a contract for the provision of services related to the carriage of the goods.

Such contracts may be either ad hoc or continuing, with the signature of a separate application document for each clients' application; the liability of the freight forwarder and the customer in case of breach of the contract, in accordance with article of the Russian Civil Code, for the non-performance or improper performance by the freight forwarder of the obligations prescribed in the contract, he shall be liable to the customer under the general rules established by chapter 25 of the Russian Civil Code.

However, there are exceptions to this rule: if the forwarder can prove that the breach is due to the improper performance of the contract of carriage, the amount and basis of his liability will be determined by the rules of the law in force. What does this mean in practice? That liability for non-performance of the obligations of carriage is always limited.

In some situations, for example, for non-compliance with the shipper's application, the carrier pays only a non-consensual fine, but does not pay damages, and the rules and regulations of all sectors of transport provide for a sufficient number of cases in which the carrier is exempted from liability.

For the client, this is certainly a negative party to the freight forwarding contract, for example, for loss if the goods are not delivered after 30 days from the end of the delivery period, loss of or damage to the goods after their acceptance, the freight forwarder is obliged to compensate the client for actual damage if he does not prove that this occurred due to circumstances which he could not have prevented.

The actual value of the goods shall be determined on the basis of the price specified in the contract or the sellers' account; in the absence of the contract, the value shall be considered at the average price of the same goods; a separate paragraph may provide for the return by the freight forwarder of the remuneration paid by the customer.

In addition to compensation for actual damage and the return to the client of the previous remuneration, the freight forwarder is also required to reimburse the client for loss of profits for loss of, loss of or damage to the goods caused by his fault.

Article 9 of the Act states that the freight forwarder is obliged to pay damages caused to the customer by a breach of the performance period unless otherwise provided in the contract and the freight forwarder proves that the breach of the time limit was due to circumstances of irresistible force or to the fault of the client; it is provided by law to limit the liability of the freight forwarder in the conduct of international transport if the freight forwarder proves that the loss, loss or damage to the goods resulted from an act of irresistible force, an incident or that his negligence was light rather than harsh.

This rule was not created by accident in the law; it is intended to protect customers and, above all, consumers from the bad faith of some freight forwarders; in order to facilitate the recovery of losses caused to the client by the freight forwarder, it is possible to use the freight forwarders' insurance mechanism, but it is also possible for the freight forwarder to cover the risks involved in carrying out the freight forwarders' activities.

The client is also liable to a freight forwarder whose grounds are limited but cannot be changed by contract, such as loss to the freight forwarder due to failure to fulfil information obligations; for example, it is appropriate to claim full compensation for the freight forwarders' loss due to the lack of information on the dangerous properties of the goods; unjustified refusal to pay the freight forwarders' expenses.

With regard to the procedural processing of claims arising from the non-performance or improper performance of the contract of a transport expedition, attention should be drawn to the following points: for commercial organizations and entrepreneurs, the Act provides for a compulsory pre-trial settlement procedure, the filing of claims with the forwarder in writing, which must be considered within 30 days of its receipt; the limitation period for such claims shall be one year.

Transport expedition: before the year's revolution, there was no contract for a transport expedition per se, some elements of which could be found in transport contracts concluded with freight forwarders at the time, private treasure transport companies.

The Russian Empires' draft Civil Code of the year referred to freight forwarding transactions as a sub-type of the Commissions' contract, i.e. a much narrower interpretation of the content of the contract for a transport expedition, but the creators of the State did not take into account the need to carry out, in addition to the legal and actual actions to accompany the transport process, such a situation was due to the lack of development of the transport services market in both pre-revolutionary Russia and the first decades of Soviet power.

The road transport management reform carried out at the end of the x and the beginning of the last century should perhaps be considered as a starting point for the active development and development of the freight forward market.

In the course of this process, ministries of road transport were established in the Republics of the USSR, in which freight forwarders were established, and special units, such as freight forwarding services and divisions, were created in the structure of public transport organizations; however, the bases of the civil legislation of the year and the RSFSR Civil Code of the year still did not contain the legal rules on the contract of transport expedition as an independent form of contract.

In the year, the Council of Ministers of the USSR established that it was the road transport enterprises, and only them, that could provide freight forwarding services to shippers and consignees for the carriage of goods by all modes of transport in both direct and mixed transport.

The whole range of possible services was divided into legal action by the conclusion of contracts of carriage, payment for transport, etc. It was on the basis of this contract that Soviet organizations and institutions based their relations with freight forwarders for a long time if they had to send or receive goods, and in addition, the Regulations on Freight Forwarding Services for Enterprises, Organizations and Institutions in RSFSR were adopted in the year.

Some rules were contained in the statutes and codes governing certain modes of transport, and article 2 of the Act requires the Government of the Russian Federation to approve the rules for freight forwarding activities.

Contracts for the provision of logistics services

TC: Head of Logistics, Commercial Department, Shipping and Shipping Manager, Accounting: Loss of documents, long delivery of documents when corrected, extension of time for intercalculation with the carrier. Exchange of documents with shippers or consignees depending on who pays. Long delivery of documents in adjustments, extension of time for receipt of fees for services rendered.

Civil law often allows for the same relationship between different contracts; for example, in order to move goods from one point to another, it is possible to conclude not only a contract of carriage but also a contract of service and a contract of rental of a vehicle with or without a crew, and even a charter agreement. In all four cases, the result must be the same: the goods are delivered to their destination; the rights and obligations of the parties under each of these contracts are different; in todays' article, we will explain when the said contracts apply and how they differ.

Carriage of goods: which the consignor shall verify in the contract

It is subject to all the terms and conditions of the model service contract. The subject of the contract is the performance of transport logistics services by the Executor. The contract accounting programme. A convenient contract accounting programme. Demoserver and the trial period. Try and you will like it. Skip to Main Content. Have you found a form?

Logistics service contract

1. In accordance with this Treaty, the perpetrator undertakes to provide services related to the carriage, processing, receipt and storage of goods provided by the Employer and the Employer undertakes to accept and pay for the services rendered. 1. In order to comply with this Treaty, the perpetrator undertakes to arrange for the receipt, processing, marking, packaging, sorting and delivery of the goods handed over to him by the Employer, to enter into contracts for the carriage of the goods on his own behalf, to ensure the shipment of the goods and to perform other obligations under this Treaty, including: 1. Verification of the quantity of the goods transferred by the Employer; Sorting, packaging and labelling of the goods.

For your convenience, the contract has already been completed. All you have to do is open the file in the Word editor and place your information in the relevant fields, and the instruction below will help you to do so. The instruction for filling in the Hupka contract. The name of the organization is the full name of the firm, F.

Transport services: 4 steps towards easy transport of goods and goods

The contract for the carriage of perishable goods Information on the file to which the consignor should note in the contract for the carriage of goods When the consignor checks the text of the contract of carriage, it is not only necessary to take into account substantive conditions; for example, it is convenient for the consignor to include in the condition of the provision of motor vehicles a clause stating that the arrangements for loading and unloading are provided by the carrier. By default, this must be done by the consignor p.

The terminology used by the Parties in this Treaty: The Logistic Chain is an orderly set of legal and or natural persons, including the Executor himself, involved in logistical operations in respect of the goods of the Contractor Buyer from the time of acceptance of the Application to the time of completion of the obligations undertaken by the Employer. The Logistic Cycle is the time interval between the issuance of the Application and the delivery of the goods of the Contractors' Buyers' Buyers' Buyers' Buyers' Buyers' Goods to a warehouse or other place specified by the Buyer that results in the full realization of the Logistics Chain.

Documentation in transport logistics: main areas of optimization

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Samples and document forms

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Contract for the provision of logistics services (example form)

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2. 6. Types/types of transport

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