The contract is an application for the provision of transport services. Contract-application for the carriage of goods (sample). In what case the document is not submitted

The contract-request differs from the standard contract for the carriage of goods in a smaller amount of information but with clear parameters of the requested service. The contract-application is drawn up for a one-time carriage of goods and is a combination of a standard contract form and an application for transportation, made in the form of a table.

Below in the text there is a sample contract-application form.

Contract-application No. dated ..

for the transportation of goods by car

1. The Carrier undertakes the obligation to transport the goods by his own or owned by third parties by road, and the Client to pay for the Carrier's services. Conditions for fulfilling obligations:

Date and time of loading	Date: ___.___. 20___ Time: ___: ___
Loading address, Contact person, telephone
Unloading address, Contact person, telephone
Route
Description of cargo: name; net / gross weight; volume.
Required type of rolling stock and number of vehicles
Loading and unloading method
Additional conditions: hazard class of the cargo; temperature regime; paperwork; Information support
Cargo insurance Cargo value	Not really ________________________
Freight amount
Terms of payment
Regulatory downtime without payment	______hours
Delivery period
Selected vehicle with indication of: car brand; license plate and p / p number; surname, name, patronymic of the driver; driver's passport data

2. A fax copy of the application is a one-time application contract and has full legal force.

3. In case of cancellation of the order less than 24 hours before loading the car, the Client pays 20% of the rate for transportation.

4. In case of cancellation of the order after the car has been dispatched, the Client shall pay the actually incurred costs of bringing the car to the place of loading.

5. The client is obliged to provide the driver with a set of documents required for the carriage of goods.

6. If the client enters into direct relations with the carriers of the Contractor, related contractual obligations, the Client pays the Contractor 20% of the rate for transportation.

After concluding a contract for the carriage of any cargo, the contractor undertakes to deliver within the specified timeframes entrusted to him material values... The customer must pay all shipping costs.

Transportation can be carried out by any type of transport: road, rail, air or water. Regardless of the delivery method, the parties to the agreement additionally sign an application for the carriage of goods.

In the agreement, it is customary to distinguish two parties: the consignor and the contractor. In fact, the consignee also participates in the contract. His main duty is to timely accept the delivered material values. At the same time, the transport company can issue the cargo to third parties, but only if available.

The application for transportation is drawn up as an addition to the corresponding contract. In this case, the concluded agreement is confirmed. It is drawn up in triplicate for the consignor, consignee and carrier.

Important: the signing of the document can be carried out by third-party citizens, but on condition that they have or physical.

Application for the carriage of goods - sample (download)

A contract for the carriage of goods by road or in any other way is often combined with an application. But it comes as an attachment and is an integral part of the document. The agreement must include:

place and date of signing;
details of all parties;
date and place of transfer of cargo;
contact details and full name of the recipient;
estimated travel time and delivery route;
description of the cargo;
payment methods and full cost of services;
view vehicle on which delivery will be carried out;
driver data.

There is no single unified application form for cargo transportation. Each transport company there are their own standard contracts, drawn up taking into account the interests of the carrier. Some performers (at the request of the client) can add a clause about additional conditions cooperation.

Contract-application for the carriage of goods - form (download)

You can draw up an agreement yourself or use a ready-made document form. There are many examples of such agreements on the Internet. In addition to the contract-application for the carriage of goods, you can find a standard form.

Summing up

With its help, it will also be possible to secure the shipper from counterclaims. They can arise if the cargo arrived at the recipient in an improper form, for example, deformed.

IN this section submitted documents that may be required for the carriage of goods.

I. During the carriage of goods, the following may be issued:

and so on.

In the absence of an agreement on the organization of the carriage of goods, the carriage of goods is carried out on the basis of an order accepted by the carrier for execution.

II. In case of disputable situations

In case of disputable situations during the carriage of goods, the parties involved in the carriage may need the following documents:

It is established by the rules for the carriage of goods by road that the act contains:

date and place of drawing up the act;

surnames, first names, patronymics and positions of the persons participating in the drawing up of the act;

short description the circumstances that served as the basis for drawing up the act;

in case of loss or shortage of cargo, damage (spoilage) of cargo - their description and actual size;

signatures of the parties involved in drawing up the act.

Example of an act:(Act form in MS Word)

Claim

One of the ways to resolve a disputable situation that arose during the carriage of goods is to send a claim to a counterparty.
The need to file a claim may be established by law or contract.

The direction of the claim is prescribed by law
The Civil Code of the Russian Federation in Art. 797 establishes that prior to filing a claim against the carrier arising from the carriage of goods, it is mandatory to present a claim to him in the manner prescribed by the relevant transport charter or code.
According to Art. 39 UAT RF, prior to filing claims against carriers arising from contracts for the carriage of goods, claims must be made against such persons. Persons who have entered into carriage contracts, charter contracts, consignees, as well as insurers who have paid insurance compensation in connection with improper performance by carriers, charterers of their obligations to transport passengers and baggage, cargo, provision of vehicles for transporting passengers and baggage, cargo. The procedure for filing claims is established by the rules for the carriage of passengers, the rules for the carriage of goods.
In accordance with the Rules for the carriage of goods by road, claims are made to carriers (charterers) at their location in writing during the limitation period.
The claim contains:
1. date and place of compilation;
2. full name (surname, name and patronymic), address of the location (place of residence) of the person who submitted the claim;
3. full name (last name, first name and patronymic), address of the location (place of residence) of the person against whom the claim is made;
4. a brief description of the circumstances that served as the basis for filing a claim;
5. justification, calculation and amount of the claim for each claim;
6. a list of attached documents confirming the circumstances set out in the claim (act and bill of lading, work order with marks, etc.);
7. surname, name and patronymic, position of the person who signed the claim, his signature certified by the seal.
The claim is made in two copies, one of which is sent to the carrier (charterer), and the other remains with the person who filed the claim
In accordance with Art. 12 of the Federal Law "On Freight Forwarding Activities", before filing a claim arising from the contract with the forwarder transport expedition, it is compulsory to file a claim with the forwarder, with the exception of filing a claim in the provision of forwarding services for personal, family, household and other needs not related to the client's entrepreneurial activities.
The right to file a claim and claim with the forwarder is vested in the client or a person authorized by him to file a claim and claim, the consignee of the cargo specified in the freight forwarding agreement, as well as the insurer who has acquired the right of subrogation.
The claim is made in writing. A claim for loss, shortage or damage (spoilage) of cargo must be accompanied by documents confirming the right to file a claim and documents confirming the quantity and value of the shipped cargo, in the original or certified copies thereof.
Claims against the freight forwarder may be submitted within six months from the date the right to file a claim arises. The specified period is calculated in relation to:
1. compensation for losses for the loss, shortage or damage (spoilage) of the cargo from the day following the day when the cargo is to be issued;
2. compensation for losses caused to the client by violation of the deadline for fulfilling obligations under the transport forwarding agreement, from the day following the last day of the contract, unless otherwise determined by the parties;
3. violation of other obligations arising from the contract of transport forwarding, from the day when the persons specified in paragraph 2 of this article learned or should have learned about such violations.

The claim procedure is provided for by the contract
As a rule, a similar procedure is prescribed in the section of the contract containing possible cases the occurrence of disagreements and ways of resolving them. How clearly and in detail the procedure for pre-trial resolution of the dispute should be prescribed by the parties to the contract independently.
The contract must establish a clear procedure for actions that must be performed by the counterparty before going to court (terms for sending and considering a claim, documents to be submitted with a claim, etc.). The requirements for a claim must be clearly formulated and justified.
The claim should indicate:
1. name of the person (legal entity / individual entrepreneur) to whom the claim is addressed;
2. name of the person from whom the claim is sent, indicating the exact mailing address, means of communication (telephone, fax, etc.), and payment details;
3. claim number and date;
4. documents (with details) on which the relationship of the parties is based): for example, a contract of carriage, application, waybills, etc .;
5. clauses of the contract, violation of which caused the filing of a claim
6. Requirements of the person filing the complaint (must be clearly stated). In the claim, you should warn about the subsequent appeal to the court in case of dissatisfaction with the claim or not considering it in the prescribed manner or on time;
7. the legislation under which the person making the claim substantiates his claims;
8. the amount of claims with the calculation;
9. a list of attached documents substantiating the claim requirements (or a reference must be made that all documents for consideration of the claim are available to the addressee, in this case the indicated documents should be listed).
The claim is signed by the head of the organization submitting the claim / (individual entrepreneur) or an authorized person. It is not uncommon for a complaint to be sent by fax / e-mail. But it is advisable to send a claim by registered mail or hand over against receipt. At the same time, even if a claim is sent by registered mail, there is a risk that the counterparty will declare that there were blank sheets in the letter. In this regard, when submitting a claim, an inventory of the attachment should be drawn up, and upon delivery of a claim against receipt, it is necessary that the counterparty put a mark that he received the claim and its attachments in full. When sending a claim by letter, you can send the counterparty by fax / e-mail a copy of the claim, postal receipt and attachment inventory. The person who sent the claim must have a copy of the claim and documents confirming its sending: a receipt for sending a letter (with a receipt acknowledgment), a mail notification, a mark of the counterparty on receipt of the claim materials with an incoming number, date, seal (stamp), signature official on another copy of the claim. The above actions will avoid additional disputes over the fact and date of the claim. If the mandatory procedure for filing a claim is established by law or contract, a claim may be filed only after the plaintiff has complied with the claim procedure for resolving the dispute. What happens if a statement of claim is filed without prior filing of a claim? In this situation, the dispute is not considered by the arbitration court, and the statement of claim is left without consideration (clause 2 of clause 1 of article 148 of the Arbitration Procedure Code of the Russian Federation).

Procedure for filing claims

In accordance with Art. 41 of the UAT RF, upon presentation of claims in the manner prescribed by Article 39 of the UAT RF, claims against carriers, charterers arising in connection with the transportation of passengers and baggage, cargo or the provision of vehicles for the transportation of passengers and baggage, cargo may be brought in cases full or partial refusal of carriers, charterers to satisfy claims or in cases of failure to receive responses to claims from carriers, charterers within thirty days from the date of receipt of the relevant claims.
According to Art. 42 UAT RF, the limitation period for claims arising from contracts of carriage, charter contracts is one year. The specified period is calculated from the date of the occurrence of the event that served as the basis for the presentation of a claim or claim, including in relation to:

compensation for damage caused by shortage, damage (spoilage) of baggage, cargo, from the date of delivery of baggage, cargo;
compensation for damage caused by the loss of luggage, from the date of recognition of the luggage as lost;
compensation for damage caused by the loss of cargo, from the date of recognition of the cargo as lost;
delay in delivery of baggage, cargo from the date of delivery of baggage, cargo.

In accordance with Art. 13 of the Federal Law "On Freight Forwarding Activities", for claims arising from the contract of freight forwarding, the limitation period is one year. The specified period is calculated from the date of the emergence of the right to bring a claim.
According to Art. 125 APC RF:

the statement of claim is submitted to the arbitration court in writing. The statement of claim is signed by the plaintiff or his representative. The statement of claim can also be filed with the arbitration court by filling out the form posted on the official website of the arbitration court in the information and telecommunication network "Internet"
the statement of claim must indicate:

the name of the arbitration court to which the statement of claim is submitted;
the name of the plaintiff, his location; if the plaintiff is a citizen, his place of residence, the date and place of his birth, his place of work or the date and place of his state registration as individual entrepreneur, phone numbers, fax numbers, addresses Email the plaintiff;
the name of the defendant, his location or place of residence;
claims of the plaintiff against the defendant with reference to laws and other regulatory legal acts, and if a claim is brought against several defendants - requirements for each of them;
the circumstances on which the claims are based and the evidence supporting these circumstances;
the cost of the claim, if the claim is subject to assessment;
calculation of the recoverable or contested sum of money;
information on compliance by the plaintiff with a claim or other pre-trial procedure, if it is provided for by a federal law or contract (since June 1, 2016, by Federal Law No. 47-FZ of 03/02/2016, paragraph 8 of Part 2 of Article 125 is amended);
information on the measures taken by the arbitration court to ensure property interests prior to filing a claim;
list of attached documents.

The plaintiff is obliged to send to other persons participating in the case copies of the statement of claim and the documents attached to it, which they do not have, by registered mail with acknowledgment of receipt.

In accordance with Art. 126 APC RF:

Attached to the statement of claim:
1. delivery notice or other documents confirming the direction to other persons participating in the case, copies of the statement of claim and attached documents that other persons participating in the case do not have;
2. a document confirming the payment of the state duty in accordance with the established procedure and in the amount or the right to receive benefits in the payment of the state duty, or an application for a deferral, installment plan, to reduce the amount of the state duty;
3. documents confirming the circumstances on which the plaintiff bases his claims;
4. copies of the certificate of state registration as a legal entity or individual entrepreneur;
5. power of attorney or other documents confirming the authority to sign the statement of claim;
6. copies of the ruling of the arbitration court on securing property interests before filing a claim;
7. documents confirming compliance by the plaintiff with a claim or other pre-trial procedure, if it is provided for by a federal law or agreement (since June 1, 2016, by Federal Law No. 47-FZ of 03/02/2016, paragraph 7 of Part 1 of Article 126 will be amended);
8. a draft agreement, if a requirement is made to compel to conclude an agreement;
9. extract from the unified state register legal entities or the unified state register of individual entrepreneurs, indicating information about the location or place of residence of the plaintiff and the defendant and (or) the acquisition natural person the status of an individual entrepreneur or the termination of an individual's activity as an individual entrepreneur or another document confirming the specified information or lack thereof. Such documents must be received no earlier than thirty days before the day the plaintiff applies to the arbitration court.

The documents attached to the statement of claim can be submitted to the arbitration court in electronic form.

Normative legal acts used in this section of the site:

"Convention on the Contract for the International Carriage of Goods by Road (CMR)" (concluded in Geneva on 05/19/1956) (entered into force for the USSR on 12/01/1983);
Civil Code Russian Federation;
"The Arbitration Procedure Code of the Russian Federation";
the federal law from 08.11.2007 N 259-FZ "Charter of road transport and urban land electric transport";
Federal Law of 30.06.2003 N 87-FZ "On forwarding activities";
General rules transportation of goods by road (approved by the Ministry of Transport of the RSFSR on July 30, 1971);
Rules for the carriage of goods by road (approved by the Decree of the Government of the Russian Federation of 15.04.2011, No. 272);
Resolution of the Government of the Russian Federation No. 554 of 08.09.2006 “On approval of the Rules for forwarding activities”;
Resolution of the Goskomstat of Russia No. 78 of 28.11.1997 "On the approval of unified forms of primary accounting records on the accounting of the work of construction machines and mechanisms, work in road transport ";
Resolution of the State Statistics Committee of the Russian Federation of December 25, 1998 N 132 "On approval of unified forms of primary accounting documentation for the accounting of trade operations";
Order of the Ministry of Transport of the Russian Federation No. 23 dated February 11, 2008 “On approval of the procedure for processing and forms of forwarding documents”;
Order of the Ministry of Transport of the Russian Federation of September 18, 2008 N 152 "On the approval of mandatory details and the procedure for filling waybills";
Instruction of the Ministry of Finance of the USSR No. 156, State Bank of the USSR No. 30, CSU SSR No. 354/7, Ministry of Transport of the RSFSR No. 10/998 "On the procedure for settlements for the carriage of goods by road";
Letter of the Federal Tax Service dated 21.08.2009 No. ШС-22-3 / 660 "On the direction of systematized materials for documenting operations during the transportation of goods."

Contract-application for the carriage of goods by road

In accordance with the terms of the contract, the carrier assumes the responsibility for the delivery of the cargo entrusted to him to the place designated by the sender and the transfer of such cargo to a certain person. The consignor must pay for the service provided (clause 1 of Art.785 Civil Code RF).

The practice of formalizing relations between the parties in the case of single order services for the carriage of goods by road by drawing up an application contract. Such a document usually has a small volume and involves the execution of a contract for carriage in the form of an application with a clear description of the parameters of the requested service, while when drawing up a standard contract, an application for a specific one-time transportation is a separate annex to the main contract. Often, for convenience, the data in the application contract are presented in tabular form.

The general requirements for the transportation performed are contained in special transport charters, codes, laws and regulations (paragraph 1, clause 2, article 784 of the Civil Code of the Russian Federation). For example, relations arising in connection with the provision of services for the carriage of goods by road, as well as the form and content of accompanying documents, are regulated by the law "Charter of motor transport and urban land eclectic transport" dated 08.11.2007 No. 259-FZ (except for the cases considered in paragraphs. 3, 4 Art. 1) and "Rules for the carriage of goods by road", approved. Decree of the Government of the Russian Federation of 15.04.2011 No. 272.

Contract-application for the carriage of goods (form)

Contract-application for the carriage of goods contains the following information:

Names of the parties (carrier and consignee.
Surname, name, patronymic of the authorized persons of the parties to the agreement, details of the documents on the basis of which they act.
Subject of the contract - in this case, the obligation of the carrier to deliver the goods in the proper manner, and the sender to pay for the service, is described.
Conditions for the implementation of the contract-application:

date and time of loading;
loading address, name and contacts of the sender;
unloading address, name and contacts of the consignee;
route indication;
description of the cargo (characteristics of weight, volume, packaging, etc.);
description of the required transport (including its quantity);
description of methods of loading and unloading;
calculation of the cost of the service;
conditions and method of payment (cash / non-cash, the possibility of installments, etc.);
delivery time / unloading time;
a description of the specific vehicle allocated for the provision of the service, the driver's passport data (for vehicles).

Additional conditions specifying individual clauses of the application.

A sample contract-application for the carriage of goods can be downloaded from the link:

Thus, a contract-application for the carriage of goods is a combination of the form of a standard contract and an application for the provision of the specified service with specific parameters. For certain types transport used for the carriage of goods, developed their own rules governing the provision of this service.

In the event that a client needs cargo transportation, he contacts a company that is engaged in cargo transportation.

After discussing some issues with managers, you should correctly fill out the application form. When filling out the document, it is necessary to indicate accurate information on all points, since the stages of transportation will depend on them.

The main nuances when filling out the form

An application for the provision of transport services must necessarily contain accurate information about the specific place where the goods or cargo will be loaded.

The client should indicate full name, address, contact number by clearly stating the date and time of the download. It is also necessary to list in detail the name of the product.

It is also necessary to indicate the volume of the cargo and the total mass, taking into account the packaging. If fragile goods (porcelain, glass) will be transported, this information must be indicated.

In the application for the provision of transport services, information about the vehicle should be indicated. Items such as address, date of unloading of goods, document number and full name of the contact person should be indicated in detail.

In case of customs operations the exact information of the customs office should be given, including its address.

Transport application form

The form of this application is the only one for all participants in the transportation process.

Applications must include the following information:

Full name of the organization;
Contract number for certain freight forwarded;
Country of destination;
The quantity of goods and the volume of transportation;
Vehicle model;
Additional Information.

IN additional information contains data on the imposed fines. They will be paid only if the client does not fulfill the obligations.

For example, an indication of the amount of the penalty when the client is late for unloading the goods by about 6 hours. After filling out the form by the client, the document form goes to the representatives of the company. They indicate information about the driver (type of transport, passport data, telephone, etc.).

Note that the date of submission of the document for the carriage of goods to the carrier is the date of its receipt. In addition, in the column "application number", the carrier must indicate registration number of this document. The application also indicates the period of its validity, not exceeding 45 days.

Applications can be submitted both in writing and in electronic form. Although, by agreement of the parties, it is allowed for the carrier to provide shippers with forms for certain applications for the carriage of transport.

Below is a sample form and a sample of the application for transport, a version of which can be downloaded free of charge.