Sample application for transportation of transport. What is an application for the carriage of goods. Transport forwarding agreement form

This selection of samples and forms will help you to carry out any cargo transportation in Russia by car. Regulations regulate transport logistics and allow you to establish legal relations between the cargo owner, the carrier and the forwarder. In addition to the documents, you may be interested in our review.

The page contains samples and forms of documents for cargo owners and carriers. These commercial documents allow you to regulate the duties and responsibilities of the customer and the contractor in the field freight transport across Russia. The base of normative acts (forms) will be useful for transport and logistics companies, as well as individuals working in the field of logistics and cargo transportation. On the basis of the presented standard documents, shippers and carriers can carry out domestic or international cargo transportation of any type and purpose, such as: road transportation, railway transportation, air transportation, sea, river transportation.

When transporting goods in Russia, carriers and cargo owners are obliged to comply with the provisions of the Russian Federation and draw up the following documents:

1. CONTRACT FOR CARRIAGE OF CARGO

Note:the contract for the carriage of goods is concluded between legal entities (companies), where one party is the customer, and the other is the contractor. The same agreement is concluded between a company (legal entity) and an individual (private trader), where an individual can only be a customer. Contracts for the carriage of goods are divided into short-term and long-term. Short-term contracts, as a rule, are concluded for a one-time transportation of a specific product (cargo), a short-term contract can also be an application contract. Long-term contracts are concluded for one year or more and imply constant obligations of the contractor (carrier), to accept and deliver the customer's cargo during the entire term of the contract, and the customer (cargo owner) is obliged to provide cargo for transportation on an ongoing basis (volume) specified in the contract ...

Rules for the conclusion of contracts for the carriage of goods: by road, railway transport, air transport, sea or river transport, regulates.

Form of a contract for the carriage of goods by road

Cap.
Paragraph 1. Subject of the contract - we briefly indicate the subject of the contract between the customer and the contractor.
Point 2. Obligations of the performer - indicate the obligations of the performer. (This item can be removed and the duties of the performer can be prescribed, for example, in paragraph 3).
Point 3. Obligations of the parties - we indicate the obligations of the contractor and the customer.
Clause 4. The order of payment for the services of the contractor - we enter the order of payment, here you can specify the terms of payment, how the customer will pay, cash or bank transfer, etc.
Clause 5. Responsibility of the parties - we indicate the responsibility of the contractor and the customer, fines, penalties, etc. (Clause 5 can be divided into different points, for example, the responsibility of the customer and the responsibility of the contractor).
Clause 6. The term of this agreement - we indicate the time of the agreement and the methods of its prolongation.
Clause 7. Dispute resolution - we indicate how and where disputes between the customer and the contractor will be resolved if they arise.
Clause 8. Force majeure - we indicate under what circumstances the contractual obligations can be withdrawn from the customer and the contractor.
Clause 9. Special conditions - in this clause you can specify the special conditions of the contract, for example, not to disclose to third parties any information about each other, in how many copies of the contract, or how it can be changed, etc.
Clause 10.

2. CONTRACT OF FREIGHT FORWARDING

Note:A forwarding agreement is needed when, during the carriage of goods, it becomes necessary to perform a whole range of auxiliary operations related to the transportation and receipt of goods: in particular, their packaging, marking, loading and unloading, their delivery to the station (port) of departure or from the station ( port) destination to the consignee's warehouse. Many people may wonder what is the difference between a contract of carriage and a contract of forwarding. In the sphere legal regulation the contract of carriage and the contract of freight forwarding are two independent and non-subordinate contracts.

Civil Code Russian Federation, directly provides for the possibility of the carrier fulfilling the duties of a freight forwarder - in this case, the contract becomes mixed and the rules governing the freight forwarding contract are applied to transport and forwarding relations under such a mixed contract (clause 2 of article 801 of the Civil Code). Article 801 of the Civil Code of the Russian Federation the concept of “duties of a freight forwarder.

Transport forwarding agreement form

For your convenience, the contract has already been completed. You just need to open the file in the word editor and substitute your information in the appropriate fields, the instructions below will help you with this.

Instructions for filling out the contract

Cap. The name of the organization (full name of the company), full name of the company is entered in the header of the contract. director and on the basis of what documents he concludes an agreement, for example, a charter, a power of attorney, etc.
Paragraph 1. Subject of the contract - we briefly indicate the subject of the contract between the forwarder and the client.
Point 2. Obligations of the forwarder - we indicate the obligations of the forwarder.
Point 3. Documents for the freight forwarder - the documents required for the freight forwarder for the carriage of goods.
Clause 4. Freight forwarder's liability - specifies the freight forwarder's liability, fines, penalties, penalties, etc.
Clause 5. Final provisions- we indicate the rules for terminating the contract, full details of the legal entity. person or natural person, signatures and seals of both parties.

3. CONTRACT APPLICATION FOR CARGO TRANSPORTATION

Note:contract, an application for the carriage of goods can act as the main contract between the customer and the contractor, and as an appendix to the main contract for the carriage of goods. The application contract is often used for a one-time transportation, as a simplified version of the main contract. In such a "mini contract", as a rule, the main points are prescribed that regulate the obligations and responsibilities of the parties.

Application form for the carriage of goods by road

For your convenience, the contract application has already been completed. You just need to open the file in the word editor and substitute your information in the appropriate fields, the instructions below will help you with this.

Instructions for filling out the application agreement

Cap. The header of the application agreement indicates that this is an application agreement, the outgoing number, date and place of conclusion of the application agreement are indicated.
Paragraph 1.
Point 2.
Point 3.
Clause 4.
Clause 5.
Clause 6. Additional conditions - here you can specify the customer's liability, fines, penalties and other legal issues.
Clause 7.
Clause 8. Details of the parties - here we indicate the full details of the legal entities. persons or individuals. (It is imperative that the signatures and seals of both parties be provided, otherwise the agreement will not have legal force).

4. ANNEX TO THE BASIC AGREEMENT APPLICATION FOR CARRIAGE OF CARGO

Note: an application for the carriage of goods as an annex to the main contract, may not have clauses regulating legal rights customer and contractor. As a rule, it is used in long-term cooperation between the cargo owner and the carrier, as evidenced by an agreement concluded for a period of one year or more. Such an application form is more of an information document, which indicates: the date and time of delivery of the transport, the point of loading and unloading, the data of the driver, the car and only after approval by the signature or seal of the customer has legal force and acts as an annex to the contract for the carriage of goods. All the main points governing the duties and responsibilities of the parties, regulate the main contracts with a link to the application (application).

Application form for the carriage of goods annex to the contract

For your convenience, the annex to the agreement has already been completed. You just need to open the file in the word editor and substitute your information in the appropriate fields, the instructions below will help you with this.

Instructions for filling out an application for the carriage of goods

Cap. The header of the application indicates that this is an annex to the main contract, indicates the outgoing number of the contract and application, the date and place of conclusion of the application.
Paragraph 1. Route - indicate the city of loading and the city of unloading.
Point 2. Loading - indicate the consignor, address, date of loading and the contact person who will be present at the loading.
Point 3. Unloading - indicate the consignee, address, date of unloading and a contact person who will be present at unloading.
Clause 4. Cargo parameters - indicate the name of the cargo, weight, dimensions, packaging.
Clause 5. Mutual settlements - we indicate the cost of transportation and how the payment will be made to the contractor.
Clause 6. Additional conditions - we indicate that the facsimile copy is legally binding. (In general, this item can be removed, since all the conditions are spelled out in the main contract.
Clause 7. Dedicated rolling stock - indicate the name of the transport, state. numbers, full name, passport data, driver's license number and phone number.
Clause 8. Details of the parties - here we indicate the full details of the legal entities. persons or individuals. (The signatures and seals of both parties must be provided, otherwise the application will not have legal force).

5. TRANSPORT OVERHEAD TN

Note: New normative act bill of lading has been in effect since March 2012. It is a mandatory and basic accompanying transport document for freight carriers. TN is printed in three copies, for: cargo owner, carrier and consignee. The form (TN) contains fields with full data of the carrier of the cargo, consignor, consignee and confirms the right of the carrier to transport the cargo. TN is filled in only when the delivery of goods to the recipient is carried out by a third-party transport company. The main task (TN) is to regulate the relationship between the consignor, the carrier and the consignee.

TN bill of lading form

For your convenience, the TN bill of lading has already been filled out. You just need to open the file in the word editor and substitute your information in the appropriate fields, the instructions below will help you with this.

Instructions for filling out the TN bill of lading

Paragraph 1. Shipper - fill in the name of the shipper's company, address, telephone.
Point 2. Consignee - fill in the name of the shipper's company, address and telephone number.
Point 3. Cargo name - indicate the name of the cargo, number of pieces, packaging, cargo dimensions (weight, volume).
Clause 4. Accompanying documents - we indicate the documents if any are required for the cargo, for example, sanitary certificates, passports, etc.
Clause 5. Shipper's instructions - we indicate the parameters of the freight transport, weight, volume or temperature regime, etc.
Clause 6. Acceptance of cargo - indicate the address, date, time of loading, seal number, if the cargo is sealed.
Clause 7. Delivery of cargo - indicate the address, date, time of unloading, seal number, if the cargo is sealed.
Clause 8. Conditions of carriage - enter the seal number.
Clause 9. Information about the acceptance of the order - we enter the date, month, year, full name and list of the person who accepted the application.
Clause 10. Carrier - fill in the name of the carrier company, address, phone number and full name of the driver.
Clause 11. Vehicle - fill in the brand, number and other parameters of the vehicle.
Clause 12. Reservations and remarks of the carrier - we fill in the remarks, for example, if the package or cargo is damaged.
Clause 13. Other conditions - we fill in the numbers of special permits if the cargo is oversized or dangerous.
Clause 14. Readdressing - fill in if the unloading point has changed.
Clause 15. Cost of services - we fill in the cost of the carrier's services and indicate the form of payment, for example, cash or non-cash payment.
Clause 16. Date of drawing up and signatures of the parties - we fill in the date, full name, we put paintings and seals.
Clause 17. Marks of shippers, consignees, carriers - we fill in a brief description of the circumstances, if such arose during the carriage of goods.

6. COMMODITY AND TRANSPORT overhead consignment note

Note: Consignment note (TTN) form 1-T - this document is intended to record the movement of inventory and settlements for their delivery by road. According to the UAT and the Civil Code, it is a confirmation of the conclusion of a contract of carriage. TTN is drawn up in 5 original copies: the 1st copy remains with the consignor, in confirmation of acceptance of the cargo by the driver for transportation, signed by him, the rest signed by the driver leave with the cargo, 4 TTN forms are given to the consignee at unloading for certification with his seal and signature, 2- The first copy of the TTN remains with the consignee, and 3, 4 and 5 are given to the driver and these TTN forms are already distributed between the carrier (one copy), the forwarder (one copy) and the last one is then sent to the consignee to confirm the fact of the end of transportation and transfer of material values to the recipient in full volume.

According to the Decree of the State Statistics Committee of the Russian Federation of November 28, 1997 No. 78 "On approval of unified forms of primary accounting documentation for accounting for the operation of construction machines and mechanisms, work in road transport", the consignment note for the carriage of goods by road is drawn up by the consignor for each consignee separately for each driving a car with the obligatory filling of all requisites.

Form of consignment note TTN

For your convenience, the consignment note TTN has already been filled out. You just need to open the file in an excel editor and substitute your information in the appropriate fields, the instructions below will help you with this.

Instructions for filling out the consignment note TTN

First section. The first section is called "Commodity". This section describes the commodity relationship between the shipper, consignee and buyer of the goods (often the recipient and the buyer are the same person).
Second section. The second section is called "Transport", it contains data on the car, driver, route of transportation.

7. POWER OF ATTORNEY FOR RECEIVING goods and materials

Note: The power of attorney to receive the cargo is a special document that gives the right to receive the cargo and accompanying documents for it, and also allows you to issue invoices for the cargo and receive money for delivery services. The power of attorney can be filled out on behalf of an organization, individual entrepreneur, or from a private person. The power of attorney for receiving material assets has 2 standard forms: M-2 and M-2a, approved by the decree of the State Statistics Committee of Russia dated 10.30.1997 No. 71a. Form M-2 is used in the case of a one-time receipt of TMC, with regular receipt of TMC, form M-2a is used.

A power of attorney is a written authorization issued by one person to another person for representation before third parties in accordance with paragraph 1 of Art. 185 of the Civil Code of the Russian Federation).

Power of attorney form for receipt of goods and materials form M-2

Power of attorney for receipt of goods and materials form M-2a

For your convenience, the powers of attorney have already been completed. You just need to open the file in an excel editor and substitute your information in the appropriate fields, the instructions below will help you with this.

Instructions for filling out a power of attorney for obtaining goods and materials, form M-2 form M-2a

Form M-2. This form is issued exclusively for receiving inventory items (goods and materials) from a supplier with whom a contract was first concluded or goods are purchased from him very rarely. In this case, the spine of the tear-off part is a confirmation of this fact, the existing power of attorney and is saved in the accounting department.
Form M-2a. This standard form is used to continuously obtain values from one supplier. This power of attorney is drawn up in a single copy, and is also registered in the corresponding journal, where a list of all issued powers of attorney is kept.
1. The name of the recipient company. This company issues the power of attorney.
2. Number. He must be individual.
3. Date of issue. The expiration date of the power of attorney.
4. The name of the product received, i.e. name, labeling, packing, etc.
5. A unit of measurement for the quantity of products received. The quantity or volume of products received.
6. Full name, series and number of the passport, the position of the person for whom the power of attorney is drawn up.
7. The signature of the trustee.
8. A place for the attesting signatures of the heads of the company, director and chief accountant. Signatures are certified by a seal.

8. STATUTE OF ROAD TRANSPORT

Note: Federal Law of 08.11.2007 N 259-FZ (revised on 13.07.2015) "Charter of road transport and urban land electric transport" (as amended and supplemented, entered into force on 19.10.2015).

RUSSIAN FEDERATION FEDERAL LAW CHARTER OF ROAD TRANSPORT AND URBAN ELECTRIC GROUND TRANSPORT (Adopted The State Duma October 18, 2007, approved by the Federation Council on October 26, 2007.

Charter of road transport (edition of 20.04.2015 N 102-FZ, of 13.07.2015 N 248-FZ)

For your convenience, the charter is fully completed. You just need to open the file in word editor and print.

Instruction, summary of the charter.

Chapter 1. General Provisions
Chapter 2. Cargo transportation
Chapter 3. Regular transportation of passengers and baggage
Chapter 4. Transportation of passengers and baggage on orders
Chapter 5. Transportation of passengers and luggage by passenger taxis
Chapter 6. Liability of carriers, charterers, shippers, consignees, passengers, charterers
Chapter 7. Acts, claims, claims
Chapter 8. Final provisions

9. TRAVEL SHEET

Note: Waybill truck issued by the organization operating the car for the purpose of transportation commodity cargo... It is designed to account for the work of the driver and the vehicle, being the basis for settlements with the customer for the carriage of goods, as well as for settlements with the driver for remuneration of his labor.

Truck waybill Typical intersectoral form N 4-C Approved by the Resolution of the State Statistics Committee of November 28, 1997 N 78

Waybill form 4-C

Waybill of a truck Typical intersectoral form N 4-P Approved by the Resolution of the State Statistics Committee of November 28, 1997 N 78

Waybill form 4-P

Instructions for filling in waybills.

Form No. 4-C. It is applied when piecework system payment for the carriage of goods.
Form No. 4-P. It is used with a time-based billing system.
1. On the waybill issued to the driver, the date of issue must be affixed, as well as the stamp and seal of the organization - the owner of the car. Each issued waybill is subject to mandatory registration in a special Register of waybills movement. In this case, the date of registration of the document must coincide with the date indicated on its form. As a rule, the dispatcher of the company that owns the vehicle is responsible for registering waybills.
2. Form No. 4-p contains lines that allow you to enter the numbers of the corresponding shipping documents drawn up during the transportation of inventory items. Each waybill is accompanied by one copy of the shipping documentation for the entire cargo transported during the given driver's shift.

10. INTERNATIONAL COMMODITY AND TRANSPORT INCOME CMR

Note: CMR means an international consignment note, which is considered a mandatory element of the customs declaration. When crossing the border with any product, such an invoice must be present in your stock. The CMR waybill must be issued in the case of transportation to all European countries.

The form and procedure for filling out the CMR (international consignment note), approved by the Ministry of Transport and Communications. All the rules are fixed in the corresponding convention, which was approved in 1956. The convention presupposes the regulation of contractual relations for the international transportation of goods between countries.

International consignment note CMR

Instructions for filling out CMR.

How many copies. One copy for the sender. A second copy for the recipient. The third copy for the carrier. The fourth copy for calculations.
Paragraph 1. Name / name of the sender / shipping company.
Point 2. Name / title of the recipient / receiving company.
Point 3. The name of the cargo to be transported across the border.
Clause 4. The weight of the transported cargo.
Clause 5. Transhipment of goods along the route is not allowed.
Clause 6. Payment data that must be paid without fail.
Clause 7. The amount of those payments that are payable at the time of delivery of the goods.
Clause 8. Data on the declared value of goods.
Clause 9. Recommendations that say about the insurance of the goods.
Clause 10. Information about the period during which the sender must carry out the carriage.
Clause 11. A list of all documentation that is sent directly to the carrier.

Download file from detailed instructions on filling CMR

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

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

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

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

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

Application for the carriage of goods - sample (download)

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

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

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

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

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

Summing up

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

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 implementation of the carriage of goods by road

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

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

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

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

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

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

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

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

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

Basic nuances when filling out the form

Application for rendering transport services must necessarily contain accurate information about the specific place where the goods or cargo will be loaded.

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

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

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

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

Transport application form

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

Applications must include the following information:

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

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

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

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

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

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

This section contains documents that may be required for the carriage of goods.

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

and so on.

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

II. In case of disputable situations

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

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

date and place of drawing up the act;

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

a brief description of the circumstances that served as the basis for drawing up the act;

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

signatures of the parties involved in drawing up the act.

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

Claim

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

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

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

Procedure for filing claims

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

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

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

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

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

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

In accordance with Art. 126 APC RF:

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

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

Normative legal acts used in this section of the site:

"Convention on the Contract for the International Carriage of Goods by Road (CMR)" (concluded in Geneva on 05/19/1956) (entered into force for the USSR on 12/01/1983);
Civil Code of the Russian Federation;
"The Arbitration Procedure Code of the Russian Federation";
Federal Law of 08.11.2007 N 259-FZ "Charter of road transport and urban land electric transport";
Federal Law of 30.06.2003 N 87-FZ "On forwarding activities";
General rules for the carriage of goods by road (approved by the Ministry of Transport of the RSFSR on 07/30/1971);
Rules for the carriage of goods by road (approved by the Decree of the Government of the Russian Federation of 15.04.2011 No. 272);
Resolution of the Government of the Russian Federation No. 554 dated 09/08/2006 "On approval of the Rules for transport and forwarding activities";
Resolution of the Goskomstat of Russia No. 78 of 28.11.1997 "On approval of unified forms of primary accounting documentation for accounting for the operation of construction machines and mechanisms, work in road transport";
Resolution of the Goskomstat of the Russian Federation of December 25, 1998 N 132 "On approval of unified forms of primary accounting documentation for the accounting of trade operations";
Order of the Ministry of Transport of the Russian Federation No. 23 of February 11, 2008 "On approval of the procedure for processing and forms of forwarding documents";
Order of the Ministry of Transport of the Russian Federation of September 18, 2008 N 152 "On approval required details and the procedure for filling in waybills ";
Instruction of the Ministry of Finance of the USSR No. 156, State Bank of the USSR No. 30, CSU SSR No. 354/7, Ministry of Transport of the RSFSR No. 10/998 "On the procedure for settlements for the carriage of goods by road";
Letter of the Federal Tax Service dated 21.08.2009 No. ШС-22-3 / 660 "On the direction of systematized materials for documenting operations during the transportation of goods."

Sample application for transportation of transport. What is an application for the carriage of goods. Transport forwarding agreement form

Application for the carriage of goods - sample (download)

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

Summing up

Application agreement No. ____ dated __.__.____

Application agreement No. dated ..