Application for freight forwarding sample. Contract-application for one-time carriage of goods. International consignment note CMR

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

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

Application agreement No. ____ dated __.__.____

for the transportation of goods by car

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

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

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

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

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

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

Contract-application for the carriage of goods by road

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

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

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

Contract-application for the carriage of goods (form)

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

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

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

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

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

Sample application for the carriage of goods by road 2018 free download

1.This Application Agreement has the force of a contract (facsimile copy is valid).

2. The customer is obliged to provide a set of documents required for the carriage of goods

3. The carrier company is not responsible for damage and deterioration of the cargo along the route, if the condition of the container and

packaging does not meet the requirements of the rules for the carriage of goods.

4.In case of refusal to load, ________. 20 ____, the Customer pays a fine in the amount of 20%

1. In case of refusal to load after the provision of vehicles, the Customer pays a fine in the amount of 100% the cost of the services of this Application Agreement.

Details of the parties:

CONTRACTOR: CUSTOMER:

/ / / / M.P. M.P.

The presence of an application for the transportation of goods is not obligatory for all transportation. However, in some cases, the presence of such paper is required.

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Moreover, in relation to road and rail transport, absolutely different conditions its use.

What it is

An application for the carriage of goods is an official document approved by a number of legislative documents. With its help, the process of providing services for the transportation of goods by road is regulated.

Allowed to be used in organizations, companies and institutions of all forms of ownership. A distinctive feature is the ability to fill in by both the shipper and the carrier.

At the same time, regardless of who is filling it out, it should contain the following information:

1. Name and technical features of the cargo.
2. Exact net weight.
3. Exact gross weight.
4. The type of container used.
5. The exact volume with the container.

This information will be required by the trucking company in order to correctly select the type and model of the vehicle required for transportation.

In addition to information about the goods being moved, the delivery request must contain a number of other information:

1. Information about the date, place and time of loading and unloading.
2. List of persons who will be engaged in loading and unloading operations and driving a vehicle.
3. The cost of the work performed.
4. Terms and forms of settlements.

The procedure for filling out the document is to indicate the following information (lines are entered in red, which are filled in by the compiler):

1. At the top of the document, information is given regarding the official representatives of each of the parties, whose rights (in this case, other papers may act, for example, an internal order of the enterprise or an employee's labor book).

   

2. Key characteristics of the main factors that determine the terms of the transaction:

   

   • name and weight of cargo, containers;
   • information about the car and driver;
   • the time of transportation, indicating the time required for its implementation;
   • the cost of the service and the method of payment (if a non-cash payment is used, the bank details for the money transfer are indicated in the "Notes" line). If it is intended to carry out transportation without payment, then a similar entry is made in the corresponding line.
3. Additional notes that stipulate a number of other conditions for the transaction.

   

4. Final clause certifying the application.

   

   Rules for accepting applications

   Here it is necessary to emphasize the legitimacy of the functionality of the application received via e-mail or fax. From the side of legislative documents, this situation remained undisclosed, therefore it can be interpreted in different ways.

   If you try to figure out this issue on your own, the situation may be as follows:

   1. Clause 2 of the Federal Law No. 51 of 30.11.1994 provides for the option of using facsimile equipment and electronic digital signatures for concluding transactions as an analogue of written documents and allows their use as basic evidence.
   2. However, in practice, the situation is different. For the most part, all arbitration courts refuse to accept papers signed by facsimile or electronic means, exercising great care.

   Thus, an application sent by fax or e-mail and approved in a similar way will not have legal force... A similar situation applies to cases when it is transmitted orally.

   Deadline for submission by the shipper

   The legislation of the Russian Federation does not provide for specific information on how long the shipper must apply for transportation by road. However, if we proceed from the text of the aforementioned paragraph 7 of the Government Decision of 15.04.2011. No. 272, it can be concluded that this should take place no later than 4 days before the trip.

   This fact is connected with the fact that the freight carrier in this paragraph is entitled to no more than 3 days for consideration and response. A completely different situation is observed in the railway.

   Here, the actions are regulated by clause 4, which provides a link to the Charter of railway transport of the Russian Federation, spelled out in the form.

   With regard to flights operated in international traffic, here the period is increased to 15 days. For all cases, the date of the application is determined based on the day it was received and entered into the carrier's database.

   Thus, the so-called protection is carried out. transport companies from emergencies when they do not have enough time to develop a route. The current law allows you to complete all preparatory work on time.

   Terms of approval

   First of all, differences should be made, confirmed by legislation and distinguishing the terms of consideration and response of the carrier, depending on the type of message used:

   1. For automobile - within 3 days (Government Decree No. 272, clause 7 of 15.04.2011).
   2. For railway - within 2 days (Federal Law No. 18, article 11 of 10.01.2003).

   The processing time for information regarding the implementation of a flight along a given route depends on a number of factors:

   1. Preparation and drafting of the necessary accompanying documentation.
   2. The need to coordinate the trip with the following enterprises and structures, which include:
      • owners of structures (railways, highways in private ownership);
      • operators of sea and river terminals;
      • owners of railways of another state;
      • branches of the traffic police in the constituent entities of the Russian Federation to which the trip is planned (if the situation requires it).
   3. Difficulties in developing the route.

   Customer refusal

   Responsibility in case of refusal to transport cargo is determined by the terms of the previously concluded agreement. The amount of the fine in this situation may be different and is negotiated at the time of the transaction.

   In this situation, you can be guided by the following principles:

   1. , allowing the fact of termination of the previously concluded agreement. It is specified here that the customer, like the performer, has the right to refuse to fulfill his obligations stipulated by the application or contract, notifying the other party about this within a reasonable time. Compensation for damages is paid in this situation separately and in accordance with the legislation of the Russian Federation.
   2. , giving grounds for gratuitous termination of a previously concluded agreement:
      • by agreement of the parties, clause 1;
      • at the request of one of the parties, clause 2;
      • if the customer has a right to this, approved by law or agreement.

   In which case the document is not submitted

   The only case when the application may not be submitted is the situation when the carriage is carried out without a contract or the transportation of goods is meant, the conditions for the fulfillment of which are fully stipulated in the previously concluded agreement.

   In addition, the contractor has the right to return it within 2 days with a mark of refusal if there are characteristics prescribed in the aforementioned Federal Law No. 18 dated 01/10/2003. Art. eleven:

   1. In the event that the owner of the infrastructure has issued a refusal to use it.
   2. If there is a reasonable lack of technical feasibility of the flight.
   3. Lack of rolling stock or vehicle required to fulfill obligations.
   4. Other circumstances stipulated by the legislation of the Russian Federation.

   Penalty for non-compliance

   The amount of the penalty price for failure to fulfill the obligations agreed in the application for the carriage of goods by rail is regulated in accordance with the requirements of the Charter of railway transport, prescribed in Art.

   The requirements of the Charter are as follows:

   1. For and tonnage, in the amount of a tenth of the minimum cost of wages for each ton not loaded.
   2. For container containers, 5/10 of the minimum wage for each container weighing up to 5 tons. The full wage for a container weighing from 5 to 10 tons inclusive, or two times the minimum wage for each unit over 10 tons.
   3. Non-delivery or non-use of the supplied refrigerated wagon is punishable by a fine equal to 2/10 of the minimum wage for each wagon.
   4. In case of non-loading, the customer is charged a penalty equal to 4/100 for each ton, if the calculation is carried out by weight.
   5. When not loaded into a container, in the amount of 2/10 of the minimum wage for each wagon weighing up to 5 tons, 4/10 for a container with a gross weight of 5 to 10 tons and a full minimum wage for a wagon heavier than 10 tons.
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