When there is a need to transport products or other goods, contracts for a transport expedition are concluded. They belong to the category of civil law agreements. Based on the document, the carrier undertakes to deliver the products from one point to another. Its compilation is regulated by the Civil Code of the Russian Federation. At the end of the article, you can download a sample transport expedition agreement.
Paragraph 1 of Article 801 of the Civil Code of the Russian Federation defines the subject matter of a transport expedition agreement as an obligation of one party (called the forwarder) for financial reward and at the expense of the funds of the second party (the sender or recipient of the cargo) to perform actions related to the transportation of goods.
As this notion implies, the agreement is bilateral. The participants are:
- forwarder (carrier);
- customer (sender or recipient of goods).
In accordance with paragraph 1 of Article 802 of the Civil Code of the Russian Federation, this agreement is always concluded in writing. In addition, the Rules for Forwarding Activities prescribe that the conditions are specified by the forwarding documents drawn up.
These include:
- Carrier order.
- Receipt from the warehouse.
- Forwarding receipt.
The text of the agreement under the Civil Code of the Russian Federation lists specific actions that the forwarder must carry out. His authority does not necessarily include only transportation. Such actions may include organizing a trip, preparing customs and other documents.
Terms of agreement
The essential terms of the freight forwarding contract in accordance with the Civil Code of the Russian Federation are determined by what services the freight forwarder must provide. Thus, they follow from the subject matter of the agreement.
Let's take an example. The freight forwarder and the client have entered into an agreement on the organization of transportation of goods. In this case essential conditions will be the route of delivery, date of dispatch, weight and volume of cargo. Note that this design is relevant primarily for one-time agreements.
Considering the problems of the contract of transport expedition, you should pay attention to the validity period. It is convenient to indicate a specific list of services when making a one-time delivery. However, in most cases completed agreements are signed for a long term. Difficulty in the design is resolved as follows:
- The main contract under the Civil Code of the Russian Federation is signed, reflecting general terms and Conditions cooperation.
- In the course of work, separate applications are compiled that determine the list of powers for each transaction.
- In the main contract, you must make a link to the application. You can specify that the freight forwarder provides services for the current document and its appendices.
- The annex also makes reference to the main contract, in addition to which it is drawn up.
Important! Annexes are considered an integral part of the agreement.
An expedition contract can also be concluded with non-residents of the Russian Federation. In such a case, the agreement must include all the conditions prescribed for transactions with foreign companies.
Expedition contract structure
Below is the place of detention (it is enough to enter the city) and the date. Then they indicate the data of the parties, which are the Customer and the Forwarder. Consider rough plan and features of the contract of transport expedition:
- Subject of the contract. The Forwarder's obligation to carry out the transportation of goods for the agreed remuneration and at the expense of the Customer's funds along the prescribed route is written.
- The procedure for the provision of services. It contains information about the task issued by the Customer to the Forwarder. Among other information, it contains information about the weight of the cargo, its dimensions, as well as delivery times. Upon receipt of these data, the Freight Forwarder announces the cost of providing services. When the cargo has been delivered to its destination, a consignment note is issued, which is drawn up in two copies and signed by representatives of both parties.
- Obligations and rights of the parties. The duties of the Forwarder include timely delivery of products, organization of loading / unloading, informing the Customer about the progress of the task, registration of all required documents. Among his rights are the involvement of third parties in the work and the retention of the cargo until full payment is received by the Customer. The duties of the latter include the timely transfer of cargo, packaging of products in accordance with the conditions of transportation, the transfer to the Forwarder of information regarding the timing, specific characteristics. Rights of the Customer: to receive information about the progress of the task and to choose the route and conditions of transportation.
- The order of calculations. This includes billing and payment methods.
- Responsibility of the parties.
- Force Majeure.
- Validity. Starts from the date of signing. The termination of the action is possible upon the occurrence of the date specified in this paragraph or at the initiative of one of the parties. The intention to terminate the agreement shall be notified to the other party at least 30 days in advance.
- Additional terms.
At the end, the details of the parties are indicated and the personal signatures of the Forwarder and the Customer are put.
Who can act as parties
In practice, there is more than one type of transport expedition contracts. Consider who can act as parties.
- The customer (or client) can be either a private person or individual entrepreneur or organization.
- Forwarder is an individual entrepreneur or a legal entity.
Thus, a private person cannot be a freight forwarder. The document must list exactly what powers are given to the carrier.
Problems of a freight forwarding agreement may arise when a representative needs to execute transactions with third parties on behalf of a client. In such a situation, you will need to draw up a power of attorney.
Let's summarize: the expedition contract is concluded for registration of cargo transportation according to the task and at the expense of the Customer. It is prepared in writing, it can be supplemented with annexes and specifications. You can download a sample form below.
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in a person acting on the basis of , hereinafter referred to as " Client”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Forwarder”, on the other hand, hereinafter referred to as “ Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, as follows:1. THE SUBJECT OF THE AGREEMENT
1.1. According to this agreement, the Freight Forwarder undertakes, for a fee and at the expense of the Client, to perform or organize the performance of the services specified in this agreement related to the carriage of goods.
1.2. The term of this agreement: from "" to "" years.
1.3. The cost of the services rendered by the Forwarder is: rubles.
1.4. The client undertakes to pay:
- the amount specified in clause 1.3., no later than "" year d;
- the costs associated with the execution of this contract, no later than days from the date of submission by the Forwarder of the cost calculation.
1.5. The amounts of money specified in clause 1.3. of this agreement and in the calculation of costs, are paid in the following order: .
2. OBLIGATION OF THE FORWARDER
2.1. Forwarder undertakes:
- organize transportation of cargo by transport on the following route: ;
- to conclude on behalf of the Client on the basis of a power of attorney a contract for the carriage of goods;
- provide
- ensure the receipt of documents required for the export or import of cargo;
- ensure the fulfillment of customs and other formalities;
- check the quantity and condition of the cargo;
- ensure loading and unloading;
- pay duties, fees, make other necessary payments imposed on the Client;
- ensure the storage of cargo and its receipt at the destination;
2.2. The freight forwarder has the right to involve other persons in the performance of his duties. Assigning the performance of an obligation to a third party does not release the Forwarder from liability to the Client for the performance of this agreement.
3. DOCUMENTS AND OTHER INFORMATION PROVIDED TO THE FORWARDER
3.1. The Client is obliged to provide the Forwarder with documents and other information about the properties of the cargo, the conditions of its transportation, as well as other information necessary for the Forwarder to fulfill the obligations stipulated by this agreement.
3.2. The Freight Forwarder is obliged to inform the Client about the detected shortcomings of the information received, and in case of incompleteness of the information, request from the Client the necessary additional data.
3.3. If the Client fails to provide the necessary information, the Forwarder has the right not to start fulfilling the relevant obligations until such information is provided.
3.4. The Client is liable for losses caused to the Forwarder in connection with the violation of the obligation to provide information specified in clause 3.1.
4. LIABILITY OF THE FORWARDER UNDER THIS CONTRACT
4.1. For failure to perform or improper performance of obligations under this contract, the Freight Forwarder shall be liable on the grounds and in the amount determined in accordance with the rules of Chapter 25 of the Civil Code.
4.2. If the Forwarder proves that the breach of obligation was caused by improper performance of the contract of carriage, the liability of the Forwarder to the Client shall be determined in accordance with the same rules under which the relevant Carrier is liable to the Forwarder.
5. FINAL PROVISIONS
5.1. Either Party has the right to terminate this Agreement by notifying the other Party within a reasonable time.
5.2. In case of unilateral refusal to execute this agreement, the Party that declared the refusal shall reimburse the other Party for losses caused by the termination of the agreement.
5.3. The contract is made in copies.
6. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Client
- Legal address:
- Mailing address:
- Phone fax:
- TIN/KPP:
- Checking account:
- Bank:
- Correspondent account:
- BIC:
- Signature:
Forwarder
- Legal address:
- Mailing address:
- Phone fax:
- TIN/KPP:
- Checking account:
- Bank:
- Correspondent account:
- BIC:
- Signature:
Proper drafting of the contract plays big role in the life of any business. For many, a freight forwarding agreement is difficult to draw up, and many even confuse it with a mediation agreement or the provision of services.
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Much depends on the correctness of the document, including possible problems with the tax authorities, if its terms seem unclear and can be understood in two ways, the ambiguity of the obligations of the forwarder or carrier, and much more.
Main Aspects
In order to avoid unpleasant situations, when drawing up an agreement, one should refer to the legislation, and, based on its base, form their own document, which can subsequently represent the legitimate interests of the parties, and, if necessary, prove and protect their rights.
What are the features of this type of agreement, and what are possible mistakes during its formation?
What it is
To begin with, I would like to dwell on the meaning of this agreement. With its help, the cargo is transported, taking into account all the conditions that will be included in the document.
Rights and responsibilities may lie with the shipper, carrier, freight forwarder or consignee.
All these entities, according to the contract, have certain obligations, due to which the cargo will be shipped in the right quantity, in accordance with the quality, to transport the cargo along the previously approved route, as well as other obligations related to transportation.
Depending on the specifics of the drafting, this agreement should organize the entire process associated with transportation, starting with documents, shipping and calculations, and ending with the release of the goods to the recipient.
Most often, organizations do not independently transport their own products from point A to B, and prefer to use the services of forwarders.
Forwarder is a party to the agreement, which is engaged in transportation, escort of goods, and other necessary matters for a fee. There are cases when drivers are entrusted with this duty.
What is its role
Many people may wonder why such an agreement is needed. The thing is that the cargo is of great value, so there must be a person who will be responsible for operations that will ensure uninterrupted transportation and transportation.
If the cargo is transported at short distances, forwarding services are not so important.
But if, for example, the cargo is sent from Russia to Kazakhstan, each of the parties must have guarantees and confidence, therefore, it is simply impossible to do without drawing up such an agreement.
In any case, each of the parties must be spelled out in the contract to clarify the responsibility for carrying out a certain segment of the work, and the service is paid.
Main responsibilities of a freight forwarder:
- Organize transportation along the specified route or your own.
- Sign contracts for transportation.
- Ensure control over the loading and dispatch of cargo, as well as successful receipt.
To additional services may include:
- Registration of the necessary documentation for transportation, payment of state duties, and customs issues.
- Control over the safety of cargo, its proper quality and volume;
- As well as other operations that will be prescribed by the contract.
- Other operations and services stipulated by the contract.
Legal grounds (GK RF)
The Civil Code of the Russian Federation describes the norms of the law and the features of the expedition agreement:
Features of the contract of transport expedition
This agreement must be in writing only, as required by law. Under the contract, one party performs an order for the carriage of goods and the performance of a certain set of services for a certain fee, and at the expense of the client.
The features of the agreement are as follows:
- The client must transfer everything necessary to the forwarder for the implementation of transportation and other obligations, including a power of attorney. Important papers are:
- Warehouse receipt.
- Forwarder's receipt.
- Order to the forwarder (invoice).
- the responsibility of the freight forwarder under the contract of transport expedition begins from the moment the transaction is concluded in accordance with the law;
- the freight forwarder's rights include delegation of his duties if he is unable to cope with them on his own;
- any party to the contract may refuse to fulfill the obligations of the agreement if it warns others about it in advance, and in accordance with the law. In this case, it is assumed that all other participants in the transaction will be compensated for their losses.
Essential conditions
The existing norms of the contract must be present when drawing up the document. They characterize this agreement according to its purpose.
These conditions include:
- Name of organizations. For legal persons full name, number of state. registration, TIN, address, telephone, bank details. For physical persons: full name, passport details, address, telephone. For foreign citizens, similar information, indicating the location outside of Russia.
- List of types of services provided, which are the responsibility of the forwarder. This is the subject of the agreement.
- Shipping Name.
- Rights and obligations.
- Liability of the parties, including force majeure.
- Forwarder's remuneration.
- The order of calculations.
- Routes of transportation, points of departure and receipt of cargo.
- The term of the agreement.
Parties to the agreement
This agreement is considered bilateral. The parties to the contract of transport expedition are:
If international
An agreement that is drawn up if it is necessary to transport and escort cargo outside of Russia.
In this case, conditions and requirements for transportation outside the country should be added to the general clauses.
Main important document for transportation abroad is an entry and exit permit, as well as a driver's driver's license international standard for legal travel.
When providing forwarding services related to the international transportation of goods, the following forms of forwarding documents can be used:
- forwarding invoice,
- forwarding document transferring ownership of the goods from the carrier to the owner
- and other papers recommended international organizations in the field of forwarding activities.
Sample Fill
This agreement consists of the following items:
| The parties to the transaction are identified first. | There can be one or two clients, ie. both the consignor and the consignee, indicating their personal information, and the second party, the name of its organization, for example, OJSC "transcontainer", and data represented by the forwarder |
| In the subject of the contract | The responsibilities of the forwarder |
| Obligations of the parties under the agreement | This paragraph also pays attention to the freight forwarder |
| The documents | Includes a list of documents that customers gave to the forwarder for the provision of services to them |
| Settlement procedure | This paragraph tells about the scheme for receiving remuneration, the establishment of deadlines, and the conditions after which the calculation will take place |
| A responsibility | It is important to indicate in this paragraph as many situations as possible, and how damages will be reimbursed in case of non-fulfillment of one of the paragraphs |
| force majeure circumstances | This paragraph indicates force majeure circumstances, upon the occurrence of which the forwarder could not perform the assigned duties. Mostly natural disasters |
| Contract time | It is indicated from what moment the contract enters into force, and after what action or period it is possible to end, terminate the transaction |
These points can serve as an example for the correct preparation of your own document.
Limitation period
The statute of limitations is a regulator, which, according to its term, allows you to refute the decision and defend your rights in court.
The general limitation period for a transport expedition agreement is 1 year. The beginning of the countdown is considered to be the day when the person knew or should have known about the due date.
If the parties have claims against each other in accordance with the concluded agreement, they have 365 days to file a claim with claims.
Termination of the agreement
Each of the parties has the right to stop its obligations regarding the concluded transaction ahead of schedule, however, in this case it will be considered a unilateral termination, which is possible with compensation for losses and expenses to the other party for waiver of obligations or late notification.
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Also, it is possible to terminate the transaction by mutual agreement, but it is possible only if each of the parties fulfills its obligations prescribed in the agreement, as well as a mandatory application for a termination request.
Freight forwarding agreement sample 2019-2018 free download sample form example form
Treaty
transport expedition
Moscow "___" __________ 201__
Hereinafter referred to as ___ "Forwarder", represented by _____________, acting ___ on the basis of ________, on the one hand, and ______________, hereinafter referred to as ___ "Client", represented by ____________, acting ___ on the basis of ____________, on the other hand, have concluded this Agreement as follows.
1. SUBJECT OF THE CONTRACT AND OTHER GENERAL CONDITIONS
1.1. The Client instructs, and the Forwarder assumes the responsibility for organizing the transportation of goods belonging to the Client. These services are provided by the Forwarder for a fee and at the expense of the Client.
1.2. The Client has the right to entrust, and the Forwarder to provide additional types services, if they are specified in the application for transportation, which is an integral part of this Agreement.
1.3. The Forwarder's remuneration under this Agreement is ________________. Payment of remuneration is made in the following order: ________________.
1.4. The Client is obliged to provide the Forwarder with documents and other information about the properties of the cargo, the conditions of its transportation, as well as other information necessary for the Forwarder to fulfill the obligations stipulated by this Agreement.
1.5. The Freight Forwarder is obliged to inform the Client about the detected shortcomings of the information received, and in case of incompleteness of the information, to request from the Client the necessary additional data.
1.6. If the Client fails to provide the necessary information, the Forwarder has the right not to start fulfilling the relevant obligations until such information is provided.
2. ORGANIZATION OF WORK AND OBLIGATIONS OF THE PARTIES
BY THE CERTAIN AGREEMENT
2.1. In accordance with paragraphs. 1.1 and 1.2 of this Agreement, the Freight Forwarder organizes servicing of the Client related to the subject of the Agreement.
2.2. Submission of cargo for loading is carried out on the day of loading agreed by the Parties.
2.3. Forwarder undertakes:
a) organize the transportation of the Client's goods - ___________ - by transport along the following route: ___________________;
b) conclude on behalf of the Client on the basis of a power of attorney a contract for the carriage of goods, draw up all the necessary documents;
c) ensure the dispatch and (or) receipt of the cargo;
d) check the quantity and condition of the cargo;
e) ensure loading and unloading;
f) pay duties, fees, make other necessary
payments due to the Client within __________ from the date of
conclusion of this Agreement;
g) ensure the storage of cargo and its receipt at the destination;
h) _____________________ (other duties related to transportation).
2.4. The freight forwarder has the right to involve other persons in the performance of his duties. Assigning the performance of an obligation to a third party does not release the Forwarder from liability to the Client for the performance of this Agreement.
2.5. The client undertakes:
a) pay the Forwarder's remuneration in accordance with the terms of this Agreement;
b) pay the costs associated with the execution of this Agreement, no later than _________ from the moment the Forwarder provides a cost estimate;
c) provide information necessary for the execution of this Agreement.
3. LIABILITY OF THE PARTIES AND OTHER CONDITIONS
3.1. If loading is delayed due to the fault of the Client, the loading is postponed to the next day and the Client makes an additional payment in the amount of _________ for each day of such delay.
3.2. Protection and insurance of cargo are not the subject of this Agreement, unless otherwise provided in the application with an indication of their cost.
3.3. The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if they were the result of force majeure circumstances, which means: accident, flood, earthquake, fire, hostilities, strikes, changes in legislation.
3.4. Proper evidence of the existence of the above circumstances and their duration will be acts and certificates in accordance with applicable law.
3.5. The Client is liable for losses caused to the Forwarder in connection with the violation of the obligation to provide information specified in clause 1.4 of this Agreement.
4. CLAIMS
4.1. The date of filing a claim is the date of the stamp of the postal department on acceptance of the letter.
4.2. The party that received the claim is obliged to consider it and respond on the merits of the claim (confirm consent to its full or partial satisfaction or report full or partial refusal to satisfy it) no later than one month from the date of receipt of the claim.
5. TERM OF THE CONTRACT
5.1. This Agreement comes into force from the moment of its signing and is valid until "___" __________ 201__.
5.2. If ___ days before the end of the Agreement, none of the Parties declares in writing its termination, then the Agreement is considered prolonged for the next calendar year.
5.3. This Agreement may be terminated:
- by mutual agreement of the Parties, executed in writing;
- at any time by either Party with or without cause, upon submission of a written application not less than ___ days before its termination.
6. FINAL PROVISIONS
6.1. The contract is concluded in 2 copies, having the same legal force, one copy for each Party.
6.2. Any agreement between the Parties that entails new obligations that do not follow from the Agreement must be confirmed by the Parties in the form of additional agreements to the Agreement. All changes and additions to the Agreement are considered valid if they are made in writing and signed by the appropriate authorized representatives of the Parties.
6.3. The Party is not entitled to transfer its rights and obligations under the Agreement to third parties without prior written consent the other Party.
6.4. References to a word or term in the Agreement in the singular include references to that word or term in the plural. References to a word or term in the plural include references to that word or term in the singular. This rule applicable, unless otherwise provided by the text of the Agreement.
6.5. The Parties agree that, with the exception of information that, in accordance with the legislation of the Russian Federation, cannot constitute a trade secret legal entity, the content of the Agreement, as well as all documents transferred by the Parties to each other in connection with the Agreement, are considered confidential and belong to the commercial secret of the Parties, which is not subject to disclosure without the written consent of the other Party.
6.6. For the purposes of convenience, in the Agreement, the Parties also mean their authorized persons, as well as their possible successors.
6.7. Notifications and documents transmitted under the Agreement shall be sent in writing to the following addresses:
6.7.1. For Forwarder: _________________________________________________.
6.7.2. For client: _______________________________________________________.
6.8. Any messages are valid from the date of delivery to the corresponding address for correspondence.
6.9. In the event of a change in the addresses specified in clause 6.7. of the Agreement and other details of the legal entity of one of the Parties, it is obliged within 10 (ten) calendar days notify the other Party of this, provided that such a new address for correspondence can only be an address in Moscow, Russian Federation. Otherwise, the fulfillment by the Party of obligations under the previous details will be considered the proper fulfillment of obligations under the Agreement.
6.10. All disputes and disagreements that may arise between the Parties and arising from this Agreement or in connection with it, will be resolved through negotiations. If it is impossible to reach an agreement on disputed issues through negotiations within 15 (fifteen) calendar days from the receipt of a written claim, disputes are resolved in Arbitration Court Moscow in accordance with the current legislation of the Russian Federation.
6.11. The Parties declare that their official seals on documents drawn up in connection with the execution of this Agreement are unconditional confirmation that an official of the signatory Party was duly authorized by this Party to sign this document.
6.12. The terms of the Agreement are binding on the successors of the Parties.
7. ADDRESSES AND PAYMENT DETAILS OF THE PARTIES
| Forwarder: ______ "______________" | Client: _______ "_____________" Legal address: ___________________________________ Mailing address: _______________________________________ Phone fax: _________________________________________ TIN/KPP: ______________________________________________ Checking account: ________________________________________ Bank: ___________________________________________________ Correspondent account: ______________________________ BIC: __________________________________________________________ Signature: _______________________________________________ |
1. THE SUBJECT OF THE AGREEMENT
1.1. The subject of this Agreement is the relationship of the Parties related to the organization of transportation of goods in long-distance traffic, forwarding services and other services by the forces and means of the Parties in accordance with applicable law and this Agreement.
1.2. The Client instructs, and the Forwarder assumes obligations for the transportation of goods by the number of places, including small lots, through the storage warehouses of the Forwarder to destinations.
2. OBLIGATIONS OF THE PARTIES
2.1. Forwarder Responsibilities:
2.1.1. Organizes the transportation of the Client's goods, according to written requests in the form specified in Appendix No. 1 to this Agreement, and in accordance with the tariffs for groupage cargo specified in Appendix No. 2.
2.1.2. For its part, it controls the correctness of the execution of shipping documents when receiving cargo (loading) and delivering cargo (unloading), and also promptly provides the Client with the originals of fully executed bills of lading, invoices and acts of work performed for the transportation.
2.1.3. Provides advice to the Client on issues of increasing the efficiency of transportation by choosing rational routes, reducing the cost of packaging, loading and unloading and other operations, etc.
2.1.4. The Freight Forwarder is obliged to inform the Client about all detected shortcomings of the information received by him, and in case of its incompleteness, to make an additional request.
2.1.5. Inform the Client about the forced delays of cars on the way, accidents and other unforeseen circumstances that prevent the timely delivery of goods.
2.2. Client Responsibilities:
2.2.1. Provide goods intended for transportation in the agreed weight, volume and in good tare (packaging), ensuring their complete safety and allowing loading and transportation by the vehicles provided.
2.2.2. Notify the Freight Forwarder about the rules for loading goods in soft packaging with a definition allowable amount rows in the vehicle, including warning about the presence of glassware and other fragile goods that require more careful handling.
2.2.3. Order vehicles in writing 48 hours before the day preceding the carriage, with detailed information about places of loading, volume of transportation, working hours of warehouses.
2.2.4. Ensure the provision and correct execution of waybills and other documents for the transported goods (indicating the country of origin of goods in invoices, as well as the number of the customs declaration for goods of foreign origin).
2.2.5. The Client has the right to issue powers of attorney to the Forwarder for the right to carry out transport and forwarding operations specified in clause 1.2 of this Agreement.
3. PAYMENT PROCEDURE
3.1. Payments for the work performed under this Agreement are made on the terms additionally agreed by the Parties.
3.2. For the work performed under this Agreement, the Freight Forwarder issues an invoice to the Client for transportation, for which the Client undertakes to pay no later than the next (bank) day after receipt of the goods by transferring funds to the Forwarder's settlement account in accordance with the bank details specified in this Agreement.
3.3. The amount of this Agreement is the sum of the cost of specific shipments made by the Forwarder during the term of this Agreement.
3.4. The cargo is transferred upon presentation of payment documents, a power of attorney and the recipient's passport, or if the recipient has a seal and signature in the consignment note.
3.5. The document certifying the performance of freight forwarding services is the Certificate of Completion of Works (Services) drawn up on the basis of bills of lading.
4. RESPONSIBILITIES OF THE PARTIES
4.1. In case of non-fulfillment or improper fulfillment of contractual obligations, the Parties shall be liable in accordance with the current legislation of the Russian Federation and this Agreement.
4.2. The Freight Forwarder and the Client bear mutual financial responsibility within the limits of their obligations under the Agreement.
4.3. The Freight Forwarder and the Client are not liable for each other's debts and obligations to a third party.
4.4. In case of non-compliance with the conditions and terms of transportation, the Freight Forwarder and the Client agree on the amount of compensation through negotiations.
4.5. In case of violation of the conditions of clause 3.2. of this Agreement, the Client pays the Freight Forwarder a penalty in the amount of % of the amount of untimely paid services for each day of delay.
4.6. Payment of the penalty does not release the Parties from the performance of their contractual obligations.
4.7. 3a presentation of cargo prohibited for transportation, or cargo requiring special precautions during transportation, with an incorrect indication of its name or property, the Client, in addition to recovering the losses caused to the Forwarder, will be charged a fine in the amount of rubles.
4.8. In case of submission of incorrect information about the nature of the cargo, which led to damage to the cargo of other clients, the Client is liable for the amount of damage caused to third parties.
4.9. The Freight Forwarder is only responsible for the number of pieces accepted from the Client for transportation.
4.10. In case of shortage of space or its damage due to the fault of the Forwarder, the contents of the cargo are verified by type and quantity in the presence of representatives of the parties, the amount of damage is determined for compensation and a claim is made no later than days from the date of receipt of the cargo. The exception is cases when non-fulfillment or improper fulfillment of obligations occurred due to force majeure. The basis for determining the amount of damage are accompanying documents for the transported goods (invoices, TTN).
4.11. When the vehicle is fully loaded with goods, the Freight Forwarder shall not be liable for damage or shortage of cargo handed over for transportation without packaging (tare) corresponding to the properties of the cargo, or with violation of the integrity of the package (tare), ensuring the safety of the cargo during transportation, if the cargo arrived in a serviceable vehicle with serviceable shipper's seals.
4.12. The freight forwarder is not responsible for the shortage of cargo while maintaining the integrity of the number of packages (places) for a groupage cargo.
5. FORCE MAJOR
5.1. In the event of circumstances that may prevent the full or partial performance by any Party of the relevant obligations under the Agreement, such as fire or other natural disasters, war, hostilities of any nature, blockade, prohibition of exports or any other circumstances beyond the control of the Parties, the time set for the implementation of its obligations shall be extended for a period equal to the period in which these circumstances occurred.
5.2. If these circumstances continue for more than a month, each of the Parties has the right to terminate the further fulfillment of its obligations under the Agreement as a whole, notifying the other Party about it. In this case, none of the Parties has the right to demand compensation from the other Party for its possible losses.
5.3. The Party for which it has become impossible to fulfill its obligations under the Agreement must notify the other Party within 24 hours of the beginning and end of the circumstances preventing the fulfillment of its obligations.
5 4. Certificates issued by the relevant Chambers of Commerce at the location of the Freight Forwarder or the Client shall be sufficient evidence of these circumstances and their duration.
6. DISPUTES RESOLUTION
6.1. The Parties undertake to resolve all disputes under this Agreement in a complaint procedure. The term for consideration of the claim days.
6.2. If no agreement is reached, the disputes that have arisen are referred to the Arbitration Court for consideration.
7. FINAL PROVISIONS
7.1. The terms of this Agreement and its amendments are confidential and may be disclosed to third parties only with the written consent of the other Party.
7.2. This Agreement cannot be an obstacle for the Parties to fulfill their obligations under other Agreements.
7.3. This Agreement was concluded before "" 2016 and comes into force from the moment of its signing.
7.4. This Agreement is made in 2 identical copies having the same legal force, one copy for each of the Parties.
7.5. Any changes and additions to this Agreement are valid provided that they are made in writing and signed by authorized representatives of the Parties.
7.6. The parties are obliged to inform each other about the change of addresses and bank details within three working days.
7.7. Changes, additions and annexes to this Agreement are its integral part and are valid if they are made in writing, signed by authorized representatives of both Parties and certified by the seals of the Parties.
7.8. For the purpose of prompt exchange of documents, the Parties agreed on the possibility of using official documents transmitted by facsimile, with the subsequent exchange of the originals of these documents within days.
7.9. From the date of signing this Agreement, all previous negotiations and documents signed in connection with them become invalid.
8. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Client
Forwarder Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:
9. SIGNATURES OF THE PARTIES
Client _________________
Forwarder _________________
