To avoid problems that may be associated with the carriage of goods, you should conclude an agreement on the provision of transport services. Under this agreement, the carrier must deliver the goods to the destination and deliver them to the recipient or authorized person. In turn, the sender undertakes to make the established payment for the carriage.
The contract for transport services has several varieties that are associated with the categories of transport involved. Thus, they distinguish between contracts for sea, air, road and rail transportation. The contract can be drawn up both for the transportation of passengers, as well as cargo and baggage. Depending on the territory, international and national transport varies. The categories of carriage, in turn, determine one or another rule of law applicable to the parties.
The most common was the contract for the carriage of goods, which indicates the time, determines the volume, settlement procedure and other conditions.
The parties to the contract for transport services are the consignor and the carrier. The latter is a legal entity performing transportation on the basis of an agreement. Moreover, if goods are transported by transport with a carrying capacity of more than 3.5 tons, then this activity is subject to licensing. When concluding a contract of transport services with such a person, he shall subsequently be declared invalid.
The second party to the contract is the consignor. It can be both an individual and a legal entity. The consignor may be either the owner of the goods or a third party who delivers the goods on behalf of the owner on his behalf (forwarder).
The consignee is a special participant in the agreement on transport services. This person is not a party to the contract, but he has obligations and rights that are associated with the agreement. For example, the consignee is obliged to accept cargo from the carrier, he has the right to make a claim to the carrier in cases of delayed cargo, damage to it, etc.
The contract for the provision of transport services has significant conditions. An agreement is deemed to have been reached in cases where the parties have reached an agreement on all material conditions relating to the subject of the agreement, the name and characteristics of the cargo, the size of the fee, and the destination.
In some cases, the parties independently determine some conditions as essential, which should be indicated by the customer in the application for transportation. For example, special conditions, the route, the required type of rolling stock (volume, type of semitrailer), the detailed address of the places of unloading, loading, customs, the time and date of delivery of the car for unloading, packaging and types of containers, devices necessary for securing cargo, etc. . The application is sent by fax, mail or provided in person, it is also advisable to confirm your requirements for the application by phone.
The contract for the provision of transport services defines the following obligations of the contractor. The carrier must provide the rolling stock in good condition, submit for approval with the customer the entire list of vehicles, including make, number of cars, names of drivers and other workers who participate in the transportation. The Contractor is responsible for the safety of the cargo and is liable. He has no right to declassify information on transportation, and can resort to the services of forwarding companies only with the consent of the customer. After completion of the contract, the carrier provides a report on the services provided.
The contract for the provision of transport services defines the obligations of the customer. They include independent loading and unloading of goods at our own base or warehouse, preparation of goods for shipment and accompanying documents before the arrival of transport. The customer must check the transport of the contractor before loading, as well as timely pay for the services.