1
CONTRACT FOR CARGO TRANSPORTATION No._____
Moscow «____»______200__
CargotransportationenterpriseZAO «RailroadTransportationCenter«ZheldorAlyans»,registeredasaclosedjoint-stockcompany,hereinafterreferredtoas "TheCarrier”, duly represented by Director General O.Yu. Zlenko, acting on the basis of the Charter, on the one part, and ______, hereinafterreferredtoas“The Consignor", duly represented by ______
______, acting on the basis of ______
on the other part, have entered into the present Contract on the following:
- Subject of the Contract.
1.1.The Carrier undertakes to provide for certain services stipulated by the Contract related to cargo transportation to the receiving point indicated by the Consignor and transfer the cargo to the person stated in i. 1.3. of the present Contract. The Consignor undertakes to pay the stated transportation charge at the rate and under the conditions stipulated by Section 3 of the present Contract.
UnderthepresentContracttheCarriershall provideservicestotheConsignoron the basis of the submittedorder(Appendix No. 1 to the Contract).
1.2.The receiving point under the present Contract (hereinafter referred to as “the receiving point”) shall be stipulated by the bill of lading.
1.3.Theperson authorized to receive the cargo (hereinafter referred to as "the Consignee") shall be stipulated by the bill of lading.
TheConsignee’sauthority shall besupportedbythe following documents submitted by the Consignee to the Carrier: bill of lading, passportoranyotherIDdocument, letter of attorneyissuedbytheConsignee.
2. Rights and obligations of the Parties.Termsoftransportation.
2.1. Consignorundertakes to:
2.1.1. Provide for certainpre-transportationservices: cargopacking, marking and providing with the required accompanying documentation;
2.1.2. TransferthecargototheCarrierandprovidetheCarrierwiththefollowingdatatobeindicatedbytheCarrierinthebill of lading: amountofpackages, cargoweight (volume), receivingpoint, nameofConsignorandConsignee. Receiveandpayupontheinvoice submitted by the Carrier;
2.1.3. Provideforthecargoacceptance at the receiving point;
2.1.4. TheConsignorcanprovide for thecargoinsuranceinteraliaswiththeinsuranceCompanyindicatedbythe Carrier with which the Carrier has entered into Contractforcargoinsurance.
2.2.The Carrier undertakes to:
2.2.1.Provide for the cargo acceptance, loading, delivery and transfer to the Consigneeat the receiving point.
2.2.2.Upon the cargo acceptance fill the bill of lading with the cargo data provided by the Consignor.
2.2.3. Provide the Consignor with the bill of lading containing the following data: cargoweight (volume), cargo acceptance date, receivingpoint, and in case the cargo is accepted to wagon –trainnumber, wagon number and expected date of the cargo delivery.
2.2.4. Provide for the cargo delivery to the receiving point within 5 (five) calendar days of the duly determined transportation time indicated in the Carrier’s price-list from the time of the wagon departure.
2.2.5.Provide for the cargo delivery to the receiving point in apparent good order and condition, and obtain the cargo acceptance notice by the Consignee’s authorized person.
2.3.Terms of transportation:
2.3.1.Quantityoftheacceptedcargoshall bedeterminedinthesame unitsas indicatedinthebill of lading. When the Consignor transfers the cargo for transportation, the cargo weight and/or volume and number of packages shall be indicated in the bills of lading according to the Charter of RF railway transport. The Carrier is entitled to verify the reliability of the data provided by the Consignor. According to the “Regulations for perishable cargoesrail transportation” the quality of cargo transported in sealed packages (cans, bottles, barrels) is not inspected when accepted and delivered.
In case the package integrity damage is revealed along with any other facts likely to impair the cargo condition, damage packages shall be unpacked andcargo inspected. The damaged cargo shall be unpacked and inspected at the point of the cargo unloading from the wagon under the supervision of the Carrier’s (including the forwarding agent) and Consignee’s representatives. The inspection results shall be recorded at the unloading point in the bills of lading and acts and signed by the Carrier’s and Consignee’s representatives at the unloading point.
2.3.2. Bill of lading shall be submitted to the Consignor as a basic source document and considered as the Carrier’s report.
2.3.3. According to the applicable law the Carrier is entitled to retain the cargo accepted for transportation as a security of the transportation charge payable and other payments related to cargo transportation and distain it without acceptance in case the Consignor fails to fulfill his payment obligations.
2.3.4. The Carrier shall be entitled to enter into contracts with transportation organizations for cargo transportation by direct and mixed traffic and forwarding services.
2.3.5. The Consignor shall be informed on the risks related to cargo transportation over RF territory and suggested to insure the cargo as, according to the applicable law, the Carrier is not liable for cargo damage due to the circumstances beyond his control.
3. Contract price andtermsofpayment.
3.1. Theamountofpaymentforthetransportation services shall be stated in the invoice submitted by the Carrier and determined by the Parties basing on the applicable transportation rates or for each caseseparately. The payment shall include the following services: cargo loading, rail wagon tracing as well as cargo forwarding upon agreement with the Consignor.
3.2. ThecostoftransportationshallbepaidbytheConsignorwithin 3 (three) bankdaysfromthedateof submitting the invoice to theConsignor by bank transfer to the Carrier’s account stated in the present Contract.
3.3. Valueaddedtaxisincludedintotheamount payable.
3.4. TheConsignor shall pay for the transportationservices prior to the cargo delivery to the receiving point.
4. LiabilityoftheParties.
4.1. TheCarrierisliableaccordingtoArticle 796 oftheCivilCodeofRFandtheCharterofRFrailwaytransportforthecargoloss, shortage, deterioration (spoilage)sincethedateofacceptanceofthecargotobeshippedand till the date of handing it over.
4.2. Incasethe Consignorfailstotransfer the cargo in due time all expenses related to demurrage of the ordered wagonshall be paid by the Consignor.
4.3. The Carrier is not liable for the transportation dates observation in case a wagon has been ordered partly and the cargo has not been submitted in due time.
4.4. TheCarrierisnotliableforquantity and safety of the transported cargo in case the Consignor fails to provide the cargo characteristics and transportation conditions or the data provided turned to be false.
4.5. In case false data provided on the cargo (explosion or fire hazard, toxicity, etc.) and its conditionsof transportation the Consignor shall indemnify 100% of damages of the Carrier related to such cargo transportation.
4.6. Neither Party under the Contract is liablefor the cargo safety and damage, partial or complete non-fulfillment of any obligation herein contained, if this non-fulfillment was caused by the circumstances beyond the Parties’ reasonable control, namely, natural disaster, fire, earthquake, war, strike, siege, epidemics, train accidents, alterations of the RF law or other circumstances preventing from transportation of freights.
4.7. Thecarrieris not liableforobservation of the cargodeliverytime for the whole period of delay in the following cases:
-Cargostoppagebycustomsandotherstatecontrolauthorities in transitforatimeperiod exceeding one day;
-Cargostoppageintransitdue to incorrectloadingoroverloading due to the Consignor’s fault;
-Wagonstoppageintransitforadjustmentoftheirtechnicalandcommercialstateimpairedby the reasons beyond the Carrier’s control.
4.8.The Party for which it became impossible to meet obligations herein contained due to the circumstances beyond its control should immediately inform another Party.
The Parties under the Contract shall decide whether to terminate the Contract or coordinate joint efforts intended for elimination of adverse effect of the above stated circumstances.
5. Specialprovisions.
5.1.High-valuecargoesshallbepackedintospecialized containers and sealed by the Carrier in the presence of the Consignor’s representative. Sealnumbersshall berecodedinthebillofladingand certified by the Consignor’s signature.
5.2. BeforethecargotransportationtheConsigneeshallinspectthepackageintegrity, compliance of seal numbers indicated in the bill of lading and certify the revealed fact with his signature.
5.3. Number inner packages ofhigh-pricescargo (digitalcameras, videocameras, mobilephonesandothergoodsbytheagreementwiththeCarrier) shall be recorded when submittedbytheConsignor. OntheConsignor’sdemandtheCarriershalltally the inner packages when accepting the cargo for transportation.
5.4. The cargo being submitted by the Consignor without recording the number of inner packages, ifthe cargo shortage was revealed at the receiving point, the Consignor shall be liable for proving the fact of shortage and all risks of any related adverse effect, and the Carrier shall indemnify for the damage in the amount not exceeding 1500 (one thousand five hundred rubles) irrespectively of the cargo cost declared in the claim.
5.5. Claims on shortage inside the packagesshall not be accepted in the following cases:
а) if the Carrier accepted the cargo without recording the number of inner packages and the package has no signs of damage;
б) if the package seals integrity is not damaged and seal numbers comply with those indicted in the bill of lading.
5.6.The Carrier shall not be liablefor the number of inner packages and cargo quality at the receiving point in the following cases:
- if the Consignor fails to fulfill the terms provided by the present Section;
-if the package integrity is preserved when the cargo is transferred to the Consignee;
-if the Carrier accepted the cargo in the already damaged package.
5.7. Claims to the Carrier shall not be accepted in the following cases:
- violation by the Consignor the terms of the present Contract;
- if the documents confirming the asserted claim are not available: absence of the Consignee’s notice related to the lost or damaged cargo in the forwarder’s copy of bill of lading; absence of the act in the prescribed form, absence of documents confirming cost of the definite cargo.
6. Disputesettlement.
6.1. All disputes and discrepancies that may arise between the Parties under the present Contract shall be preliminary settled by means of negotiationsbetween the Parties.
6.2.In case the Parties fail to come to an agreement, the matter shall be submitted for settlement to arbitrage of Moscow upon pre-trial procedure of disputes settlement provided in conformity with the law.
6.3. Legal relations between the Parties not covered by the present Contract shall be governed by the Civil Code of RF or other applicable law.
7. Finalprovisions.
7.1. ThepresentContractcanbeterminateduponthe agreementofthePartiesorbyeitherPartyincaseofviolation of the terms of the Contract by another Party.
Either Party can terminate the Contract unilaterally by sending written notice to another Party by registered mail. In case no reply is received within 30 days from the date of the notice sending the Contract shall be deemed terminated.
7.2. All amendments and appendixes to the present Contract are valid only if made in written form and signed by the authorized representatives of the Parties
AllAppendicestothepresentContractconstitute its integral part.
7.3. This Contract is made up in Russian in duplicate, both copies are authentic and have equal legal force. Each Party keeps one copy.
Legal addresses and bank details of the Parties:
The Carrier:ZAO «RailroadTransportationCenter «ZheldorAlyans»
Legal address:
Novaja Basmannaja st. 10, bldg.1, office 87, Moscow, 107078,
Postal address:
Verhnjaja Krasnoselskaja st. 35, appt. 35, Moscow, 107140
tel./fax(495) 980-24-44
Taxpayer identification number 7701333917
Taxpayer registration reason code770101001
Settlement account40702810004000000291
Bank:LLC “Barclays bank”, Moscow
Correspondent account30101810900000000460
BIC044585460
State classifier of kinds of economic activity14628133
All-Russian classifier of kinds of economic activity 63.40, 60.10.12, 60.24.1, 60.24.2,
61.10.2, 61.20.2
All-Russian Classifier of Administrative-Territorial Entities 45286555000
National Classifier of Government Entities and Administration 49013
Director general:
Oleg Yu. Zlenko / The Consignor:
______
Legal address:
______, ______
______
Postal address:
______, ______
______Tel./fax (______)______
Taxpayer identification number ______
Taxpayer registration reason code______Settlement account ______
Bank: ______
Correspondent account ______
BIC ______State classifier of kinds of economic activity______
All-Russian classifier of kinds of economic activity ______
All-Russian Classifier of Administrative-Territorial Entities ______
National Classifier of Government Entities and Administration ______
Signatures and seals of the parties:
The Carrier:______
locus sigilli / The Consignor:
______
locus sigilli
1
Fillinandsendbyfaxto“ZAO ZheldorAlyans" : (495) 980-24-44 (multiline) or e-mail:(corporate mailbox) / APPENDIXNo. TO CONTRACT FOR CARGO TRANSPORTATION
No. / dated
ORDERNo. / dated / Time of receipt
forfreight forwarding services
Forwarding date
"The Customer"
TRAFFIC ROUTE
Sending
point / Receiving
point
CONSIGNOR / CONSIGNEE
Telephones / Telephones
Address / Address
Contact person
Full name / Contact person
Full name
PAYER / Payment point
CHARACTERISTICS OF THE CARGO
Description / Number of packages / Weight (kg) / Volume (m3) / Package type
Large-size cargo, number of packages_____ length_____ weight_____ volume____
Temperature conditions / yes / no / Special transportation conditions
Crated cargo / yes / no
Loading by forwarding agent / yes / no
Storehouse access on a paying basis / yes / no
Accounting of inner packages / yes / no
Letter of attorney / yes / no / No. of accountthecargowas paid for.
CARGO FORWARDING
FROM THE CONSIGNOR / TO THE CONSIGNEE
City, address / City, address
Telephones / Telephones
Contact person
Full name / Contact person
Full name
Date and time of cargo acceptance (working hours) / Date and time of cargo delivery (working hours)
Additional information
The payer for / the freight forwarding services / THE CONSIGNOR / THE CONSIGNEE
The Customer’s: / ( / )
signature / Full name
locus sigilli
ATTENTION!!!
TheCustomershallsubmitthefollowingdocuments:
1. Invoice (original).
2. Bill of lading (original).
3. Certificate (of the cargo is subject to compulsory certification) (copy).
Hazardouscargoesare nottransported!!!
Cargois acceptedwhen transferred bytheconsignoraccording to the package integrity withoutexaminationinsidethepackage.
Thecargoshallbe accepted packed and marked by the consignor.
Consult with the consignor on availability of the package complying with the transportation regulations.
Hazardouscargoes are nottransported!!!