Official transportation and construction form. Contract for the carriage of goods by road

1. THE SUBJECT OF THE AGREEMENT

1.1. In accordance with the terms of this agreement, the Carrier undertakes to transport the Customer’s goods on the basis of his application, and the Customer undertakes to promptly pay for the services provided by the Carrier in accordance with the Carrier’s tariffs in force on the date of services provided.

1.2. The Carrier has the right to provide the Customer with additional services related to the organization of transportation of goods in urban and intercity traffic.

1.3. Transportation of goods is carried out by the Carrier accompanied by the freight forwarder of the Customer.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Carrier carries out transportation of the Customer's goods on the basis of the Customer's written application provided to the Carrier in any convenient way.

2.2. The application must be submitted no later than hours before the vehicle is submitted for loading.

2.3. If the application contains insufficient information related to the provision of services under this agreement, the Carrier must inform the Customer about the suspension of the application until the missing information is received. After the Customer provides the necessary information at the Carrier’s request, the application is resumed.

2.4. If it is impossible to fulfill the request, the Carrier is obliged to notify the Customer of the impossibility of fulfilling it within an hour(s) after its receipt. Otherwise, the application is considered accepted for execution.

2.5. The carrier is obliged:

2.5.1 Within an hour(s) from the receipt of the application, determine the number and type of vehicles for transportation, depending on the volume and nature of the cargo.

2.5.2. Ensure timely delivery of vehicles to the loading point specified by the Customer.

2.5.3. Submit for loading serviceable vehicles suitable for safe transportation of the cargo specified in the application and meeting sanitary requirements for the transportation of food products.

2.5.4. Within the time period agreed upon by the Parties, deliver the cargo entrusted to him by the Customer to the destination and hand it over to the person authorized to receive the cargo (consignee).

2.6. The customer is obliged:

2.6.1. To unload vehicles at their destinations using their own forces and means, preventing vehicles from standing idle for loading and unloading beyond the established time limits.

2.6.2. Pre-prepare the cargo for transportation, prepare accompanying documents, as well as, if necessary, a pass for the right to travel to the destination and unload the cargo.

2.6.4. Ensure timely and proper execution of waybills and waybills in accordance with the established procedure.

3. CALCULATIONS OF THE PARTIES

3.1. Payment under this agreement is made by the Customer in advance by transferring funds to the Carrier’s account. The date of receipt of funds is confirmed by the Carrier in writing.

3.2. The amount payable for transport services provided by the Carrier is determined by agreement of the Parties in accordance with the Carrier’s tariffs and amounts to rubles (including VAT).

3.3. Costs necessary for transporting goods across toll bridges, roads, entrances, environmental posts, customs, etc., are paid by the Customer upon presentation of supporting documents (receipts, checks).

3.4. If the Customer, when accompanying the cargo, pays part of the costs with his own funds, then payment for the flight is agreed upon by the Parties when submitting the application in writing, detailing in the Application the conditions not provided for in this agreement.

3.5. If the Customer refuses to fulfill the order before the hour of the day preceding the day of its execution, the Carrier returns the paid funds with the deduction of % of the amount paid.

3.6. The amount payable for additional services provided by the Carrier is determined as follows:

3.6.1. Loading and unloading operations are paid at a rate based on certificates of completed work (services).

3.6.2. Additional services related to the involvement of third-party vehicles in accordance with clause 1.2 of this agreement are determined in the amount of % of the amount specified in clause 3.2 of this agreement.

3.6.3. Sanitation of a vehicle for transporting food products is paid according to the tariff.

3.7. Documents confirming the performance of services are waybills signed by the Customer, receipts for the completion of work (services), acts of additional work and services, and approved applications.

3.8. Tariffs for the transportation of goods and other services may change due to an increase in the cost of transportation, as well as other circumstances that determine the price level. The Carrier reserves the right to change the current tariffs by notifying the Customer in writing.

3.9. If the Customer, due to his omission, did not note the actual time of arrival or departure of the car in the waybill, the Carrier, when calculating the fee for transport services, takes as a basis the time the car left the parking lot and the time the car returned to the parking lot.

3.10. For violation of the payment deadline, the Customer pays a penalty in the amount of % of the payment amount for each day of delay.

4. CONDITIONS OF ACCEPTANCE AND DELIVERY OF CARGO AND TRANSPORTATION

4.1. When accepting cargo for transportation, the Carrier’s driver presents, and the Customer checks, the Carrier’s identification documents and a waybill certified by the Carrier’s seal.

4.2. Acceptance of cargo for transportation is carried out on the basis of a bill of lading of the established form drawn up by the Customer in 4 copies, which is the main transportation document. Cargo that is not documented with a consignment note will not be accepted for transportation by the Carrier.

4.3. If the cargo is not accompanied by a representative of the consignee or owner of the cargo, financial responsibility for the safety of the cargo during its transportation rests with the Carrier.

4.4. If a shortage or damage to the goods is detected during transportation, the Customer draws up an act upon acceptance of the cargo, on the basis of which the Carrier compensates for losses.

5. VALIDITY OF THE AGREEMENT. CHANGES AND ADDITIONS TO THE TERMS OF THE AGREEMENT

5.1. The Agreement comes into force from the moment it is signed by the Parties.

5.2. During the validity of this agreement, the Parties have the right to make changes and additions. Amendments and additions to this agreement, drawn up in writing and signed by the Parties, are an integral part of it.

6. FINAL PROVISIONS

6.1. This agreement may be terminated at the initiative of either Party. In this case, it is necessary to notify the other Party in writing no later than days in advance.

6.2. Disputes and disagreements arising during the implementation of the Agreement are resolved, if possible, through negotiations between the Parties. If a dispute or disagreement cannot be resolved through negotiations, either Party has the right to submit such a dispute or disagreement to the court, which has jurisdiction and jurisdiction over disputes arising from this Agreement.

6.3. For damage caused in connection with the execution of this agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.

6.4. The Agreement is drawn up in two copies, one for each of the Parties, both copies have equal legal force.

7. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Carrier

Customer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

8. SIGNATURES OF THE PARTIES

Carrier _________________

Customer_________________

A sample application for the transportation of goods gives rise to legal relations in the field of transportation of objects of the material world. The example can be downloaded for free.

Cargo transportation today occupies a leading business area. This circumstance allows the regions to develop, to receive the necessary raw materials, food products, materials, and other material assets in a timely manner. The convenience of transport companies is so developed that a person can easily use the services of transporting goods. The simplest form requests for cargo transportation creates written legal relations that guarantee the fulfillment of obligations.

A sample application for cargo transportation is located on the page and can be downloaded for free. The Word editor of any version will allow you to quickly change the necessary points in the example and create the desired document. For the convenience of users, all links to download files are direct and do not contain any restrictions. During the transportation application process, essential components must be recorded. These include: dimensions, weight, number of pieces, cargo contents, packaging, price. The data in the transportation request influences the correct layout of the transport.

Mandatory items of the application for cargo transportation

• Name of the application, date and place of its writing;
• Company branding: logo, details, manual data;
• Application number, details of the customer, consignor, consignee, contact numbers, addresses;
• All technical components of the shipment;
• Cost, payment procedure, additional items;
• Signatures, transcripts, seals.

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The JSC Honeywell company expresses its gratitude to the ServiceLogistic company for its long-term (we have been cooperating for more than 10 years) and fruitful work in the field of transport services. We thank you for the high level of services provided, professional approach to assigned tasks and strict adherence to the terms of cooperation. The positive results achieved with your direct participation give our company confidence in the prospects for further cooperation

101 90

The company "VEGA INSTRUMENTS" LLC has been using the transport services of the company "ServisLogistic" LLC for several years. The company’s extensive experience in delivering goods across Moscow and Russia helps us solve the assigned tasks in the most efficient manner, which in turn helps our company to actively develop. Timely dispatch of goods, reliable delivery and accurate implementation of agreements are the main advantages of ServiceLogistic LLC. We express our sincere gratitude to the company for carrying out cargo transportation at a high level.

78 53

The Major Express LLC company has been actively cooperating with ServiceLogistic LLC for many years in the field of cargo transportation in Moscow, Moscow Region and regions of Russia. Our own fleet of vehicles, extensive experience and an individual approach to clients allows ServiceLogistic LLC to quickly solve even the most complex problems. We express our gratitude to the managers of ServiceLogistic LLC. Thank you for your attentiveness, responsibility, integrity and professionalism in your work!

34 10

The OLMA LLC company expresses gratitude to the ServiceLogistic team for the professionalism and high quality of the services provided. Thanks to long-term cooperation with ServiceLogistic LLC, as well as recommendations from managers in the field of optimization of cargo transportation, we have achieved the desired results. Our clients are satisfied with the reliability and timing of cargo transportation in Moscow and the region using the vehicles of the ServiceLogistic company.

34 12

FrigoStar LLC expresses gratitude to the ServiceLogistic company for the reliable and timely delivery of refrigeration equipment in Moscow and the Moscow region. Over the course of a year of cooperation, the ServiceLogistic company, which also provides transport services in Russia, has become a reliable partner for us. All goods are delivered on time, without any hiccups or problems.

23 11

Currently, high demands are placed on transport companies, both in the reliability of the services provided and in the adequate cost of cargo transportation. Over many years of cooperation with various transport companies, our company has found a reliable partner for transport services in the person of the ServiceLogistic company.

28 9

Interpan Company LLC confirms the fact of cooperation with ServiceLogistic LLC, which has established itself as a provider of logistics services at a very high level. Our company is for cooperation only with a modern, quickly adapting company that strives to build work on mutually beneficial terms, which is the ServiceLogistic company.

20 10

The Automotive Transportation Center company has been cooperating with the ServiceLogistic company for several years in the field of delivering goods across Russia by individual vehicles. The presence of the ServiceLogistik company’s own fleet of vehicles and extensive experience in delivering goods throughout Moscow and Russia helps us most efficiently solve the assigned tasks for the delivery of groupage cargo, which in turn helps our company to actively develop. Timely and reliable delivery of goods across Russia, accurate implementation of agreements are the main advantages of ServiceLogistic LLC. We express our gratitude to you for your cooperation with our company and look forward to further cooperation.

26 11

Inzhelektrokomplekt LLC expresses its gratitude to the ServiceLogistic company, with which we have been cooperating for several years. From the very beginning of its work, the company has established itself as a reliable and professional partner. Our company is very pleased to cooperate with personal managers who are always in touch and ready to help in solving complex issues. In addition, I would like to especially note the lively, human participation and interest in achieving an excellent final result, which makes the work not only productive, but also enjoyable. We sincerely hope for further mutually beneficial cooperation and fruitful work with your company.

20 7

Throughout the entire period of work, we have not had a single comment regarding the quality of the services you provide. It is no secret that when any cargo carrier communicates with suppliers and/or clients of the customer organization of transport services, problems often arise in communication with the logistics departments of companies both transmitting and receiving cargo (controversial issues regarding, for example, loading and unloading of transport, delays and downtime of transport in loading/unloading process, etc.). In this regard, in addition to the general high assessment of the professionalism, responsiveness and flexibility in the work of the employees of your organization, I would like to separately note the ability of the employees of Service Logistics LLC to promptly and positively resolve issues of any level that arise “on the ground.”

26 6

We sincerely thank the ServiceLogistic company, which provides us with services for the delivery of cable products. The main advantage of our work is reliable and safe delivery of goods throughout Russia. It is worth highlighting the work of logistics managers for the excellent execution of assigned tasks. Whenever necessary, managers are in touch and ready to offer a quick solution to all issues related to cargo delivery. We express our gratitude for the high quality of the services provided and look forward to further mutually beneficial cooperation.

24 6

We express our sincere gratitude to the ServiceLogistic company for carrying out cargo transportation at a high level. We hope that our cooperation in the field of transportation will continue to be as mutually beneficial and productive. We are confident that your inherent responsibility and competence will contribute to the further development and prosperity of your company.

22 4

JSC Lumon expresses gratitude for the prompt and safe delivery of goods by vehicles of various carrying capacities. Over several years of cooperation, the ServiceLogistic company has established itself as a reliable partner in transport services. Thanks to cooperation with the ServiceLogistic company in the field of cargo delivery by individual vehicles across Russia, as well as recommendations from managers in the field of optimization, we achieved the desired results in terms of cost and delivery time.

22 4

The network of pharmacies “Your Health” expresses gratitude to the company “ServisLogistic” LLC for the reliable organization of delivery of goods: display cases and equipment to opening pharmacies in Moscow and the Moscow region. All transportation is carried out within the time limits established by our company, the drivers are always in touch and have excellent knowledge of Moscow and the Moscow region. The company's managers are always available for communication, which allows you to quickly resolve urgent issues of any complexity. We would like to wish the ServiceLogistic company prosperity and recommend it as a reliable supplier of transport services.

18 5

OO "ELECTROSHIELD-EM" expresses its appreciation and gratitude to the company "Service Logistics", which provides transport services for us in Moscow and the Moscow region. An important factor in the work is reliability and fast organization. Special attention should be paid to the desire of the ServiceLogistic company to build work that is convenient for the client - the personal manager of our company is always in touch and ready to help in resolving any transport issues.

18 4

The many years of experience of the company InEnKom LLC with the transport and forwarding company ServiceLogistic LLC allows us to speak of you as a reliable partner who certainly fulfills its obligations. The attentive and responsible attitude of managers, the efficiency and professionalism of the company’s employees when performing work meet the highest quality standards of cargo transportation.

19 3

We express our gratitude to the ServiceLogistic company for the reliable provision of transport services. Nowadays, it is quite difficult to find a transport company that offers the optimal price/quality ratio of the services provided. The ServiceLogistic company fully meets the requirements of our company. Cargo delivery across Russia is carried out according to a given schedule, and the professionalism of the drivers is not in question. The company's managers are available for communication, which allows them to resolve issues of any complexity at any time.

17 4

The Provodnik company is grateful to the employees of the ServiceLogistic company for their timely assistance in the field of cargo transportation throughout Russia. The work is performed reliably and safely, and the price-quality ratio is at a decent level. Special thanks to the company’s managers for promptly solving emerging problems with loading and redirecting cargo during transportation. Clients received their cargo on time and in complete safety. We will be glad to further cooperation.

17 4

NFtrade LLC expresses gratitude to the Service Logistics company, which provides us with cargo delivery services in Moscow and the Moscow region. The main advantage of our work is reliable and safe delivery of goods.

14 4

The StroyKapitalStolitsa LLC company expresses gratitude to the ServiceLogistic company for the reliable provision of transport services on the territory of the Russian Federation. The company's managers carefully study the most optimal and least expensive route and take into account all the features related to cargo transportation by various types of transport.

121 26

The TK TsvetKompleksMetall company expresses gratitude to the ServiceLogistic team for the high quality of services provided in the field of delivery of metal structures. The advantage of cargo delivery by Service Logistic is the high reliability and safety of cargo delivery throughout Russia. The high-quality organization and elaboration of complex projects deserves special attention. The ServiceLogistic company did an excellent job of delivering cargo for the construction of Olympic facilities for the Olympic Games in Sochi 2014 - in 2 months, about 4,000 tons of metal structures and bleacher seats were delivered according to a given schedule.

18 5

The ServiceLogistic company is our partner in the field of cargo delivery throughout Russia, Moscow and the region. A distinctive feature of working with ServiceLogistic is reliable prompt delivery and high organization of the organization’s employees.

13 5

The team of ALTERNATIVE BUSINESS COMPANY AMPER LLC expresses gratitude to ServiceLogistic for the prompt delivery of goods in Moscow. In the person of ServiceLogistic, we have found a reliable partner in the field of transport services, the main advantage of which is reliable and safe delivery of goods throughout Russia.

15 4

Our cooperation with the ServiceLogistic company has continued since 2012. During this period, the ServiceLogistic company has established itself as a reliable business partner. Thanks to the main operating principle of the company - the formation of partnerships with clients based on mutual cooperation and professionalism, it occupies, in our opinion, a stable position in the transport and logistics sector.

17 3

The ServiceLogistic company has been our partner in the field of logistics for 2 years. During the period of cooperation, the company confirmed its high professional status, competence and activity in solving assigned tasks. All work is completed on time, within strictly specified deadlines. The company’s employees competently cope with their responsibilities and quickly advise on all issues that arise in the field of logistics.

16 4

We express our gratitude to Service Logistic LLC for the prompt and reliable delivery of 100 tons of graphite along the Moscow-Perm route. During the period of cooperation, the Service Logistics company confirmed its high professional status, competence and activity in solving assigned tasks.

17 3

The company SK Comfort LLC expresses gratitude to the ServiceLogistic company for the prompt and safe provision of transport services in Moscow and the Moscow region. During our cooperation with the ServiceLogistic company, which has established itself as a reliable partner in the field of freight transportation by individual vehicles, we have solved our problems and achieved the necessary results in terms of cargo delivery time.

17 4

With this letter we express our gratitude to you for the cooperation between our companies over the past year. The ServiceLogistic company met our expectations, both in the timeliness and reliability of the execution of transport orders, and in its responsibility..

18 5

We express our gratitude to ServiceLogistic LLC for its responsible approach to the assigned tasks. Over the course of 1 year of cooperation, the company has established itself as a reliable partner for transport services. Despite the large number of transport companies in Russia and the very high competition in the transport services market in Moscow and the region, at the moment we have given preference to the ServiceLogistic company, whose responsible and experienced employees are able to quickly and reliably service dozens and hundreds of transport orders.

18 6

The BIT Business Automation company expresses its gratitude to ServiceLogistic LLC for providing reliable freight forwarding services. It should be noted the high professionalism of the company’s employees, which is manifested at all stages of cooperation.

21 5

Throughout our fruitful cooperation, the ServiceLogistic company conscientiously and responsibly fulfilled all the conditions of our applications. The undoubted advantage of the transport company “Service Logistic” is its quick response to requests, a sensitive approach to complex issues that arise, and the solution of all necessary tasks in a short time, which ensures the most comfortable interaction.

18 7

With this letter, the SPAS LLC company would like to express gratitude to the ServiceLogistic team for the reliable and prompt delivery of goods throughout Moscow and Russia. Over the course of several years of fruitful cooperation, we can confidently recommend ServiceLogistic LLC to our clients and partners as a professional and reliable partner who performs its services in a timely manner.

21 6

The company CJSC "KPBS" expresses gratitude to the transport company LLC "ServisLogistic" for the excellent organization of transportation by small-sized transport in Moscow and the Moscow region. Over several years of cooperation, the ServiceLogistic company has established itself as a reliable partner, able to quickly carry out logistics in Moscow and the region. All necessary services, including freight forwarding and express delivery, were completed on time and with high quality.

20 7

During our cooperation with the company, ServiceLogistic LLC has established itself as a reliable partner in the field of freight transportation. All work was completed on time and with high quality. It is worth noting that the company provides a full range of transport services and carries out complex projects, including both loading and unloading operations and cargo storage.

22 6

The TV Tok company expresses its deep gratitude to the Service Logistics company for reliable logistics with a pass to the center of Moscow. During our cooperation, the ServiceLogistic company has established itself as a responsible partner. We constantly order cars with hydraulic lift and passes to the center, which your company provides us with, and we are satisfied with both the working conditions and modern, reliable cars.

18 9

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

Below is a sample contract application form.

Application agreement No.____ dated __.__.____

for transportation of goods by road

1. The Carrier undertakes to transport the cargo using its own or third-party vehicles, and the Client will pay for the Carrier’s services. Conditions for fulfilling obligations:

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

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

4. In case of cancellation of the order after the vehicle has been sent, the Client pays the actual costs incurred for delivering the vehicle to the loading site.

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

6. If the client enters into direct relations with the Contractor’s carriers and is bound by contractual obligations, the Client pays the Contractor 20% of the transportation rate.

1. Drawing up a contract for cargo transportation

According to Russian legislation, by concluding a written agreement that specifies all the conditions relating to the provision of transportation services. The carrier undertakes obligations for timely and high-quality delivery of the cargo entrusted to him. Moreover, the cargo must be transferred directly into the hands of the recipient indicated in the accompanying documents. Also, according to the Civil Code of the Russian Federation, the sender of the cargo must pay in advance for the carrier’s services.

Such an agreement is a commercial document that must be executed in the case of rail, air, sea or road transportation of cargo, which is regulated by Appendix 4.1 in the letter, which states the need to send systematic materials related to cargo transportation.

Both parties can build relationships either as a one-time contact, or as a long-term cooperation, which is also necessarily indicated in the contract. According to these schemes, two types of cargo transportation contracts can be implemented, namely:

• A one-time contract concluded for the transportation of goods of a certain category, determined by such characteristics as individual ones related to the transportation of furniture or building materials, or generic ones that occur during the transportation of agricultural products. If transportation is carried out once, it is not necessary to draw up a transportation agreement; accompanying documents will suffice.
• A long-term contract, which assumes that the carrier undertakes to regularly accept and transport cargo, and the owner – to pay for transportation, is mandatory and in this case, transportation can be carried out upon submission of the appropriate application.

There are 4 types of standard types of contracts:

2. Submitting an application - an order for cargo transportation

If there is an agreement in hand according to which cargo transportation is organized, then it can be carried out only on the basis of an application submitted by the owner of the cargo. This application is a kind of annex to the contract. The specifics of its completion are indicated in the Letter issued by the Federal Tax Service, which describes the directions for systematized materials necessary for documenting operations related to the transportation of goods.

If the contract has not been drawn up, transportation can be carried out on the basis of an oral agreement.

3.Order - outfit

This type of contract is signed for the purpose of providing transport. It is also commonly called a charter agreement in accordance with Article 2 of the Charter on Road Transport.

Filling out this type of contract is strictly regulated by the Cargo Transportation Rules. In accordance with these rules, transportation can be carried out jointly with the recipient of the goods if he wishes to control the process. It is carried out exclusively in accordance with the conditions specified by the parties in the contract. Its conclusion is necessary if the parties have not provided for another option. Most often, the document has the form of an order - a work order.

The basic rules for drawing up a contract include:

• The number of copies should not be less than three.
• At the end, the personal signatures of the parties are placed.
• Certification with seals of both parties.
• One copy remains with the forwarder, the second is received by the driver. The third copy of the agreement, along with all required signs, must be attached to the special estimate for the use of the car.

If loading is carried out on several transport units, it is necessary to draw up and sign the corresponding number of orders - work orders. It should also be noted that only registered individual entrepreneurs or legal entities have the right to sign.

4. Registration and use of TTN

This type of waybill is in form 1-T. guidelines for the use of special transport documents in the activities of cargo carriers are regulated in the Resolution of the State Statistics Committee of the Russian Federation, first published back in 1997.

Also, a number of recommendations for using the TTN can be found in the Review of the procedure for carrying out cargo transportation, as well as in the Instructions of the Ministry of Finance and the Ministry of Road Transport, which focuses on the procedure for making payments for cargo transportation. In particular, the emphasis is on automobile tariffs. They provide instructions regarding the mandatory execution of a transport document in the form of consignment note No. 1-T.

The sixth paragraph of this instruction clearly states that the TTN, in its essence, is the only document that is used to accept and calculate cargo transferred for transportation. In such transportation, both the sender and the recipient of the goods must familiarize themselves with the consignment note. The invoice is also important for accounting, filling out balance sheets, and tax returns. The invoice must be issued one for each side. One extract from them remains with the sender, and must subsequently be used to deregister certain units of cargo. All other copies must contain the seals and signatures of the parties and be handed over to the driver, the recipient of the cargo and the owner of the vehicle. These invoices are important when registering the delivered cargo.

In order to make payments, the car owner attaches an invoice to all invoices and sends it to the payer, who is the person who ordered the transportation. One copy should also be attached to the accompanying note and can subsequently serve for the accounting procedure for the transport work performed. According to the invoice, the amount of salary and bonus for the driver who carried out the transportation is calculated.

Starting from 2013, those forms of accounting documents that are not related to albums of a unified accounting form should not be used. However, other documents have been and remain mandatory for completion and submission, since they play a role in recording the documentation established by the authorized bodies. Such documents are cash settlements and orders.

5. Registration of technical specifications

This document is directly related to transportation, and is a direct confirmation that a corresponding agreement has been concluded. The TN form and the procedure for filling it out are established by special Cargo Transportation Rules. In the absence of clear instructions in the contract, the waybill is drawn up strictly for the available number of consignments. It is also necessary to have three copies in the original form, which are distributed between the cargo owners and the driver.

If cargo is loaded onto different vehicles, it is necessary to draw up the appropriate number of waybills. Their number must necessarily be equal to the number of carriers.

6. Registration and use of TORG-12

The State Statistics Committee of the Russian Federation, by its Resolution of 1998, concluded that the TORG waybill - 12 can be used to conclude a transaction on the transfer of cargo for a third-party enterprise. This is written down in the Resolution, which establishes the main points for filling out documentation of trade transactions.

This invoice is drawn up in a number of copies equal to the number of interested parties. One of which must be transferred to the organization handing over the cargo for transportation. At the same time, the document allows you to carry out the procedure for writing off these goods if necessary. Another copy is given to the organization that receives the goods. With its help, she has the right to receive and check the goods.

7. Registration and use of TORG – 13

With the help of this consignment note, as a rule, food cargo and warehouse material are transported within the walls of the organization. Goskomstat issued a Resolution establishing the mandatory approval by officials of simple accounting documents related to the execution and calculation of transactions. It also clearly states that this form of transport documents can be used to record the movement of cargo, without removing it outside the warehouse. Also, movement can be carried out between its structural departments or persons with financial responsibility.

TORG - 13 must be concluded in several copies. One of them is given by the owner of the cargo and is the document that allows the goods to be written off, the other is given to the driver of the car, who, using the invoice, can verify the categories of cargo and directly accept it. The driver will always act on behalf of the forwarding company.

The invoices are signed and certified by the seals of both parties and then submitted to the accounting department, where the accountant, after making all the calculations, sends the documents to the archive.

8.Design and useCMR

The Federal Tax Service issued a Letter approving the peculiarities of the movement of systematized materials with the help of which transport operations are documented, interprets the concept of CMR as a special type of document that has an international standard and generally relates to the implementation of trade and transport operations.

Convection, which establishes the procedure for the transport of goods abroad, has decided that the provisions of this bill of lading can only apply when loading and unloading is carried out in different countries.

Russian companies use the CMR form document to conclude transactions. It is compiled in as many copies as there are persons involved in the given relationship. Most often there are three parties - the recipient, the sender and the freighter. However, it should be taken into account that when transporting cargo to some countries, it is required to present another, fourth copy of the contract at customs.

There are often situations when cargo is transported by several types of transport, or in several vehicles, then the number of CMR documents must be calculated based on the number of vehicles. This rule applies both to the transportation of different categories of cargo, and to the movement of one category.

The CMR consignment note is a direct confirmation that a corresponding agreement has been signed between the carrier and the sender of the cargo. It proves that the parties are fully familiar with the terms of the transaction and agree with them. And also based on the invoice, revenue can be received, which is calculated based on international tariffs.

You should ensure that the consignment note contains a mark placed by Russian customs stating that “the goods have been exported.” This mark is a direct confirmation of the fact that the cargo is being sent outside the Russian Federation. However, if the cargo is sent to one of the CIS countries, then a simple waybill will be sufficient.

9. Registration and use of a waybill

A waybill is an important document used to record and monitor the work of the driver and transport. According to the law, urban public transport: trams, trolleybuses and minibuses do not have the right to carry out cargo transportation without authorization, and in cases approved by the administration, a special waybill will be required for such transportation.

The Ministry of Transport has released a set of mandatory details to fill out in waybills. It is important that, regardless of whether the vehicle is used by an individual or a legal entity, and whether the type of transport is urban passenger or intercity, a waybill must be issued for it.

You can issue a sheet for a period from one day to a month, but no more. This sheet is a kind of document that, together with the invoice, determines the indicators necessary to record the work performed. It also plays a role in driver payroll and freight calculations.

Each document upon expiration must be kept in the archives for five years.

10. Transport expedition agreement

The Civil Code establishes that, according to the current contract of transport expedition, the carrier company, represented by the driver, is obliged to fulfill the services specified in the terms of the contract for a fee. This type of service is always associated with freight transportation.

However, there are a number of other services, such as, for example, carrying out cargo delivery operations, in particular obtaining documents for the import and export of goods, fulfilling customs requirements, monitoring the quality of cargo, recalculating the number of units of goods, paying government duties, which are assigned to the client. In other words, the forwarder fully accompanies the cargo and undertakes the preparation of all necessary documents, as well as carries out storage of the cargo, receipt at delivery points and direct transportation. All this is stated in the contract and agreed upon by both parties.

The law regulating the basic Rules of transport and forwarding activities provides for some terms of the contract. However, those conditions that may be subject to change are negotiated by the parties to expeditionary relations.

11.Forwarding order: features of the design and content of the document

An order for a freight forwarder is understood as a document that defines the basic conditions and forms a list of the provision of freight forwarding services to a client. All conditions must be specified within the framework of the contract for the carriage of goods.

In accordance with the rules of transport services, the client must provide the forwarder with a signed and completed order. Services can be provided only if it is available.

This order includes data such as: the nature and marking of the cargo being prepared for transportation, dimensions, and the number of required cargo pieces.

This instruction must be provided to the person carrying out expeditionary activities in paper form, unless otherwise specified in the agreement concluded between the parties. The form of the order is approved by the Ministry of Transport of the Russian Federation. It can be found in the set of forms for forwarding documents.

The client is obliged to provide two copies of the order, on which stamps and signatures are affixed.

12. Forwarding receipt

This document is necessary to confirm that the person carrying out forwarding activities has received the cargo prepared for transportation. The cargo can be received either from the client or from his representative, but this fact must be noted in the receipt. The driver must know what is in his car, and the receipt also indicates the name of the cargo.

The document is handed over to the recipient only after the cargo has been accepted and processed for transportation. The driver is given the legal right to complete possession and supervision of the shipment until delivery is completed to the recipient designated by the shipper. In other words, until the end of the trip the driver bears full responsibility for the cargo entrusted to him.

At the place of transfer, a receipt drawn up in two copies is filled out. Each one is stamped and signed by the parties.

13.Warehouse receipt

A warehouse receipt is a document used in registered cargo transportation to confirm the fact that the freight forwarder has accepted cargo intended for storage in a warehouse. The receipt is filled out by the forwarder.

This type of receipt must be filled out in at least two copies. Both parties are required to keep copies of receipts until the end of the service agreement.

14. General power of attorney for receipt, storage and transportation of goods

This document is issued by one of the parties - the transport company, and the other party - the client, and confirms the right of the forwarder to receive, store, and transport the entrusted cargo. The power of attorney must include: date of issue, validity period and full name of the director, confirmed by his personal signature and seal.

This power of attorney guarantees the forwarder that the cargo complies with the parameters specified in the contract and meets safety requirements, and the client that the cargo will be delivered at a certain time in integrity and safety.

A general power of attorney must be certified by a notary in the appropriate manner.

II. Actions of the parties in the event of disputes

If during the transportation of cargo any unforeseen situation arises that causes loss or damage to the cargo, the parties specified in the contract for the provision of services, namely: the owner of the cargo and the transport company represented by the driver, must have the following documents on hand:

• Act on the occurrence of loss or damage;
• Written claim;

1. Acts required in the event of a controversial situation

The Criminal Administrative Code establishes specific circumstances that can become a completely legal basis for the emergence of liability of persons who have assumed this responsibility and signed the contract:

— Drivers;

— Charterers;

— Cargo owners;

— Civilians transporting small luggage.

This liability must be certified in the manner prescribed by law by acts corresponding to the cause of the dispute, or by notes included in the transport documents. You can also put marks in accompanying notes or waybills.

Russian legislation has established a strict procedure for the content of the act. The template can be viewed in the public domain on the Internet. It is important that these acts must be drawn up if:

• There was under-delivery of cargo due to the driver’s oversight or due to the owner’s deception;
• The vehicle that was intended to transport a specific cargo was not presented, in particular, one or more containers were missing;
• The cargo was lost or a shortage or damage was discovered;
• The cargo specified in the contract was not presented;
• The owner unlawfully refused to allow the driver to use the provided vehicle;
• The cargo was not delivered on time;
• There was a time leak associated with long loading or unloading, or there was downtime of those containers that, according to the contract, should have been filled.

The report must be provided by the interested party immediately after discovering a controversial situation.

The act must necessarily record the circumstances that have arisen. If the act cannot be drawn up on the same day for good reason, it can be drawn up within 24 hours.

If any party avoids drawing up an act, then the other party has every right to draw up an act, without taking into account the opinion of the evading party, be it the customer or the forwarder. However, before drawing up the act, it is necessary to send the evading party a written notice of the fact of drawing up the act, unless another form of notification is provided in the contract for the provision of forwarding services.

In the waybill, as well as in the order - work order, notes must be made about the fact of drawing up the act. They can be entered by officials who are authorized to draw up such acts.

The act is drawn up according to the number of interested parties, but not less than in duplicate. No corrections are allowed in an already signed and fully executed deed.

In all accompanying documents: waybill, order - work order and waybill, marks must be made indicating that the act has been drawn up. The note must also include a brief description of the circumstances that arose and the amount of the applicable fine established by law.

There is no clearly defined structure of the act, with the exception of certain types of acts that are drawn up in the event of loss or shortage of cargo, or its damage. The act of establishing the quantity and quality of goods upon acceptance has the form TORG - 2.

According to the current transportation rules, each act must contain:

• The date and place where this act was drawn up;
• Last names, first names, patronymics and other data of persons participating in the preparation of the act;
• Brief description of the controversial circumstances;
• In case of loss of cargo, it is necessary to describe the size of the shortage;
• Signatures of the parties.

2.Registration of a claim, procedure for its filing and consideration

Providing a correctly completed claim is one of the ways in which you can resolve a dispute that has arisen with the least loss and waste of time. The completed claim is sent to the counterparty. Also, according to the terms of the contract, a written claim may be strictly necessary.

The law provides for filing a claim

The Civil Code of the Russian Federation establishes that before a claim is filed against the carrier, which entirely arises from a problematic situation that arose during the execution of the transportation contract, a preliminary claim is required. The procedure established by the transport charter for filing a claim and resolving a controversial situation must be followed.

The Criminal Administrative Code determines that before a claim arising from a contract for the carriage of goods can be brought against the carrier, the claim must be submitted in a strictly mandatory manner.

Only the person who has entered into a transportation and charter agreement with the carrier has the right to submit a claim to the carrier or insurer in a pre-trial manner. Parties entitled to this right include:

— consignees;

— cargo owners;

- insurers.

Insurers can file a claim in accordance with their obligations, in particular, those who paid insurance compensation to the owner of the cargo, which is associated with improper performance of forwarding duties. Such responsibilities include: acceptance and transportation of cargo, provision of the required vehicle specified in the contract for forwarding services.

On the territory of Russia there are strict rules regarding the procedure for transporting both passengers and freight by road. This procedure also prescribes the correct filing of claims in disputes that have arisen. They should be provided to the shipping company before the case goes to trial. The document can be either handwritten and sent by mail, or typed electronically.

It is necessary to comply with the statute of limitations, before the end of which a claim can actually be filed.

A well-written letter should contain:

• Indication of the time and place of compilation;
• The personal details of the person who wrote the claim and request for resolution of the dispute with a description of the situation;
• Name and address of the guilty party.
• The amount required by the injured party to resolve the cargo damage or shortage. It is necessary to attach a detailed calculation that will confirm the circumstances stated in the claim. This may include the act and the waybill, where the appropriate marks must be affixed;
• Information about the person who signed the claim, as well as his signature and personal seal.

According to the rules established by law, the claim must be drawn up in as many copies as there are parties interested in the dispute, but no less than two copies. Each representative of the party must have his own document.

According to the established rules enshrined in the Law of the Russian Federation regulating transport activities, before a corresponding claim can be brought against the forwarder arising from the terms of the contract for the service provided, there must be a correctly drawn up claim, which makes it possible to resolve the dispute without going to court. This Rule applies to all claims, except those filed in connection with the provision of services for citizens who do not have their own enterprise, for their personal needs.

The client, or a person authorized to send and receive cargo, as well as the recipient of the cargo who discovers a shortage or damage, has the right to file a claim, and, accordingly, a lawsuit. The insurer also has the same right in accordance with subrogation.

If a dispute arose in connection with a shortage of cargo or its damage, it is necessary to attach relevant documents that confirm the person’s right to make claims against the guilty party. Such a document is an agreement for the provision of forwarding services with the name and surname of a specific person. In addition to it, you should attach a document that confirms the quantity and real value of the cargo transferred to the expedition.

Copies of documents must be certified. The client may, if he wishes, make a claim to the forwarder, but no more than six months must pass from the moment the dispute arose.

To calculate this period, you must take into account:

• Compensation for losses associated with damage and shortage of entrusted cargo is possible within the next day from the moment when the cargo should have been transferred to its true owner;
• Compensation for losses caused to the client due to failure to comply with the deadline specified in the contract for the provision of forwarding services from the day after which the contract is terminated, unless other conditions are specified in the contract.

The procedure for filing claims provided for in the contract

Each contract has a prescribed procedure for submitting claim sheets. In addition, the parties decide for themselves and describe in the document the ways in which they intend to resolve emerging disagreements and controversial issues in the future. When concluding an agreement, special attention should be paid to the description of the proceedings before filing an application with the court, since such a procedure, in most cases, allows all issues to be resolved and consensus reached.

It is imperative that the measures that the guilty party must take before the case can be referred for consideration should be spelled out point by point. The dates, features and deadlines for consideration of the submitted claim are also indicated, as well as a list of documents that the right party is required to submit in conjunction with the claim.

It should be especially noted that each demand presented to both the guilty and the right side must be logically justified and fair, otherwise it will not be considered.

The application must indicate:

• Contact details and name of the person to whom the document is sent: whether it is an individual or legal entity;
• Name and contact information of the injured party;
• Address, telephone data at which you can pay the presented invoice;
• The exact date of registration of documents;
• Service Agreement;
• Claims for damages;
• A warning about filing a claim in court if the claim is not considered within the specified time frame, as well as if the issue is not resolved;
• The legislation on which the person submitting the claim is based;
• Amount of damage, detailed calculation of claims;
• List of documents that support the claim.

The document must contain the signature of the head of the enterprise that provides its requirements. Most often, such a person is an officially registered entrepreneur.

At the request of the forwarding company, a letter of claim can be delivered in person, or sent by mail or other electronic means. However, it should be taken into account that sending a claim by registered mail increases the risk of fraud. The forwarder may claim that there was no claim, but only blank sheets.

To protect yourself from this, when submitting a claim, you should make an inventory of the internal contents, and hand over the letter against a signature. In this case, the counterparty puts a signature certifying that he received the letter with its full attachment.

If you decide to send the document via email or fax, it is recommended to make a copy of all attachments: receipts, inventory and statements. All necessary documents must remain in the hands of the sender in their original form, since they are direct evidence of the sending of letters, and, accordingly, the fulfillment of obligations. The documents presented to the judge also include the original mailing receipt, a list of the contents, and a receipt signed by the recipient.

Compliance with all of the above measures will protect yourself from the possible risk that arises when sending a claim by mail. However, in some cases, the contract prescribes a strict procedure that must be followed when sending out documents. In this case, a lawsuit can be filed only after the plaintiff has completed the claim procedure for resolving the dispute that has arisen.

If a claim is filed in court to resolve a dispute, the injured party has not fulfilled its obligations in the form of advance notification to the guilty party, then the case will not be considered.

3.Procedure for filing a claim

The Criminal Administrative Code of the Russian Federation notes that any claims can be brought in the prescribed manner, in particular, a claim against a carrier or charterer that arose in connection with the provision of forwarding services: transportation of luggage, its storage, can be brought only in the case of complete or partial refusal of the responsible party to satisfy the requirements specified in the claim. Also in the event that a response to a complaint sent in accordance with all the rules has not been received within thirty days.

Article 42 of the Criminal Administrative Code establishes the statute of limitations for these cases as one year. Its calculation begins from the day of the occurrence of controversial events, in particular those related to compensation for damage caused by the guilty party and:

• incurred by the owner of the cargo due to its shortage or damage;
• incurred in connection with the complete loss of the cargo along the route to the recipient of the cargo;
• incurred by the owner of the cargo from the day the cargo was recognized as lost;
• arising in the event of delay in delivery of luggage or cargo, due to which the owner also suffered damage.

According to the Law on Expeditionary Activities, claims arising from an expedition agreement can be considered no more than within a year, since this is the statute of limitations. This period is calculated from the day on which the plaintiff received the right to file an application with the court.

The Arbitration Procedure Code contains a mention of the Rules for Submitting Documents for Consideration. In particular, it is necessary;

• The application is best written by hand; it must also be written in legible handwriting, or have a printed form, but with a hand signature;
• The signature of the plaintiff or his authorized representative must be in the specially designated place of the application;
• An application can be submitted without even appearing in court, but only by filling out a special form on its official website, the address of which can be clarified by phone. This form is freely available.

The plaintiff must indicate:

• Address and scope of activity of the court to which documents are submitted;
• Your first and last name, true location, and if the plaintiff is not a legal entity, but an individual, then indicate his address of registration and actual residence and provide a copy of the document on registration as an individual entrepreneur, as well as contact information: cell number, fax, email addresses;
• Personal details of the defendant on the same principle as information about the plaintiff;
• When filing a claim against several defendants, you should provide information about each of them;
• A description of what led to the filing of the claim, as well as evidence supporting this data;
• The value of the claim is presented if the claim must be assessed;
• The amount the plaintiff wishes to recover;
• Information about whether the plaintiff complies with the claim and pre-trial procedure for resolving the dispute;
• Data on the necessary measures taken by the court to resolve property issues of both parties;
• Description of the submitted documents in the form of a list.

When applying, you should indicate all the information that may be necessary when considering the claim, and can, in one way or another, influence the outcome of this consideration. These may be petitions, including those aimed at obtaining evidence from the defendant and other involved persons.

After filing the application, the plaintiff is obliged to send to all persons participating in the trial the missing copies of documents: the claim, and other statements. Should be sent by registered mail, upon delivery of which the sender will receive notification of receipt.

The Arbitration Procedure Code of the Russian Federation establishes that, in addition to all other copies and original documents important for the case, the following documents must also be attached to the claim:

• Confirmation of the transfer to all persons involved in the case of the necessary copies of documents;
• Certificate of payment of state duty. If it is not available, confirmation of the deferment granted for this payment is attached;
• Originals and copies of those documents indicating the actual registration of a person as an entrepreneur;
• If a person is unable to sign the claim, and the signature is his authorized representative, a copy of the power of attorney is provided;
• Copies of documents that contain information about ensuring the interests of the defendant’s property sector;
• Documents proving that the plaintiff tried to resolve the dispute before going to court;
• If a demand is made to compel the conclusion of an agreement, it is necessary to provide its original;
• An extract received from the State Register of Legal Entities or Individual Entrepreneurs, which indicates exact data on the residence of the parties, as well as notes on registration as an entrepreneur.

When submitting documents to the court, you should check that the period for receiving them does not exceed a month, otherwise the arbitration secretary may not allow the documents to be considered by the judge.

If it is impossible to provide documents in person, they should be sent to the court in the form of an email, the form of which is established by law.