Transportation order (.doc) Download
Signatures and stamps of the parties
The basic conditions of carriage
To contract-order №_______from ____________
The transportation shall be organized according to the CMR Convention, concluded at Geneva on 19 May 1956, and the TIR Convention, concluded on 14 November 1975.
I. Obligations of the carrier
1. The presence of liability insurance contract of the carrier continuously valid since the confirmation of the transport order till the time of delivery of the cargo to the consignee (insurance cases in accordance with paragraph 1 of Article 17 of the CMR Convention).
2. The presence of liability insurance contract of the carrier to the customs authorities in the international guarantee chain continuously valid since the confirmation of the transport order till the time of delivery of the cargo to the consignee.
3. Upon receipt of the transport order, the Carrier shall send a confirmation of acceptance of the order, certifying the fact of adoption and consent to its terms by the signature of the authorized representative of the Carrier and affixing the company stamp (seal).
4. The Carrier shall supply a serviceable vehicle for loading, the technical conditions of the vehicle shall be suitable for the carriage of this cargo and sanitary manner, and equipped with all the necessary documents.
II. Obligations of the customer
1. The customer shall certify the content of the transport order by signature of the authorized representative of the Customer and affixing the company stamp (seal).
2. The Customer shall undertake to prepare properly the goods to be taken by the carrier for delivery to the consignee, including: issuance of the necessary documents, including documents prescribed by the rules of the customs procedures
3. The customer shall organize loading/unloading and customs procedures within the prescribed period of time (within 2 working days in the CIS countries and 1 working day in the countries of Europe).
4. All transaction charges arising from the transfer to the account of the carrier shall be covered by the Customer.
III. Liabilities of the parties
1. The Parties, entered into this Agreement, shall be liable in accordance with the current legislation of the Republic of Belarus.
2. In case of any demurrage of vehicles when loaded/unloaded (during customs procedure) by the Customer’s fault over the standard time, indicated in paragraph II-3 of the Transport Order, the Customer shall reimburse the Carrier in the amount of EUR 125,00 ( one hundred twenty-five euros) for each waiting day.
3. At infringement by the Customer of terms of the payment stipulated by item 14 of the Transport Order, the Customer shall pay to the Carrier the fine at a rate of 0.3 % from unpaid in time the sums per every day of delay of payment.
In case of the default on interest the Customer of the accounts exposed to him in time, the effect of contractual penalties for late payment set out in the preceding paragraph shall cease at 24:00 of the 80th day from the moment of receiving a cargo by the consignee, and from 00:00 of the 81th day the Customer pays to the Carrier the penalty at a rate of 2,5 % from the unpaid sum per every day of delay of payment. The prescribed period (80 calendar days) does not apply in determining the boundaries of the time period in which the performance of the monetary obligation may be presumed proper by the Customer, and used exclusively for the purpose of differentiation of the penalties used in the given Transport order.
4. In case of violation of the arrival time of vehicles the Carrier shall reimburse the Customer in the amount of EUR 125,00 ( one hundred twenty-five euros) for each day of delay in fulfillment of the obligation to provide a vehicle for the receipt of the cargo and its loading.
The provisions of paragraph 1 of this clause about the penalty shall apply only in those cases when the Customer: - did not refuse the services of the Carrier on the given transportation,
- if during the period of time, which is calculated from the contractual time of arrival and until the actual time of arrival, did not inform the Carrier properly about the cancellation of the transport order in connection with violation of the arrival time of vehicles by the carrier.
The amount of penalty to be paid to the Customer by the Carrier in connection with the fact of delay in execution of the carrier's obligation to provide a vehicle for the receipt of the cargo for transportation, and provided proper notice of the Carrier by Customer about losing interest in supply of the vehicle, is determined by an additional agreement between the parties when confirming the transport order. In case of the absence of such an agreement exclusive contractual penalty in the amount of EUR 125,00 (one hundred twenty-five euros) shall be applied.
5. In case of damage (pollution) of the vehicles by the Customer’s fault, the latter shall reimburse for all expense for repair (cleaning, disinfecting) of vehicles to fully restore the original state of the damaged unit.
6. The carrier is liable for delay in delivery according to the provisions of the CMR Convention, concluded at Geneva on 19 May 1956.
7. In case of arising of disputes the parties, following the principle of bona fides, shall take all measures to settle peacefully all disputes and disagreements through negotiations.
Only if the disputes and disagreements can not be settled peacefully, the case shall be passed to the competent court at the place of registration (address de jure) of the plaintiff as a business entity, regardless of the legal form of the company (corporate, collective, individual).
Failure to take the measures to pre-trial settlement of the dispute with the defendant by the plaintiff may serve as a reason for dismissal of a case by the court.
Signatures and stamps of the parties