GENERAL TERMS AND CONDITIONS OF RENDERING FREIGHT FORWARDING SERVICES
1. Under the terms of these General Terms and Conditions of Provision of Forwarding Services (hereinafter referred to as the General Terms and Conditions) Limited Liability Company "PINFULI" (hereinafter referred to as the Forwarder) concludes contracts (hereinafter referred to as the Contract) with legal entities and individuals (hereinafter referred to as the Client, and together with the Forwarder - the Parties).
1.1 In accordance with the legal acts in force on the territory of the Russian Federation,
A freight forwarder may provide services related to the carriage of goods, namely:
- organisation of cargo transportation by any means of transport;
- conclusion on behalf of the Client or on its own behalf of the cargo carriage contract(s);
- execution of transport documents;
- Ensuring that the shipment is dispatched and/or received;
- Obtaining the documents required for export or import;
- execution of documents for customs purposes and other documents required for
to carry out the transport of goods;
- to fulfil customs and other formalities;
- to verify the quantity and condition of the cargo;
- on loading and/or unloading the cargo;
- on payment of duties, fees and other expenses imposed on the Client;
- to store the cargo;
- on receipt of the shipment at destination;
- other counselling services;
- with assessment (confirmation) of conformity of products (cargo) to the requirements of technical regulations.
1.2 The specific list of services rendered by the Forwarder to the Client shall be determined by the Parties
in the Application, which is an integral part of the Contract, in the form set out in Appendix No. 2 to the Contract.
1. Under the terms of these General Terms and Conditions of Provision of Forwarding Services (hereinafter referred to as the General Terms and Conditions) Limited Liability Company "PINFULI" (hereinafter referred to as the Forwarder) concludes contracts (hereinafter referred to as the Contract) with legal entities and individuals (hereinafter referred to as the Client, and together with the Forwarder - the Parties).
1.1 In accordance with the legal acts in force on the territory of the Russian Federation,
A freight forwarder may provide services related to the carriage of goods, namely:
- organisation of cargo transportation by any means of transport;
- conclusion on behalf of the Client or on its own behalf of the cargo carriage contract(s);
- execution of transport documents;
- Ensuring that the shipment is dispatched and/or received;
- Obtaining the documents required for export or import;
- execution of documents for customs purposes and other documents required for
to carry out the transport of goods;
- to fulfil customs and other formalities;
- to verify the quantity and condition of the cargo;
- on loading and/or unloading the cargo;
- on payment of duties, fees and other expenses imposed on the Client;
- to store the cargo;
- on receipt of the shipment at destination;
- other counselling services;
- with assessment (confirmation) of conformity of products (cargo) to the requirements of technical regulations.
1.2 The specific list of services rendered by the Forwarder to the Client shall be determined by the Parties
in the Application, which is an integral part of the Contract, in the form set out in Appendix No. 2 to the Contract.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1 The Forwarder shall:
2.1.1 Provide services in full, timely, qualitatively, in the interests of the Client in the
in accordance with the terms and conditions of the Contract.
2.1.2 Organise the transportation of goods, as well as provide additional services related to
organisation of transport in accordance with the Contract.
2.1.3 Notify the Client of all information on the progress of fulfilment of the undertaken obligations.
2.1.4 Provide the Client with information and documents on paper and/or electronic media on
the results of the services rendered.
2.1.5 Inform the Client about prohibitions and restrictions applied to goods
economic, as well as non-economic character established by international instruments,
the Russian Federation is a party to, Russian legislation in the area of
State regulation of foreign trade activities (export control, sanitary and hygiene programmes)
epidemiological well-being of the population, etc.).
2.1.6 If the Client fails to provide the Forwarder with the necessary information, or
incomplete information is provided, the Forwarder is obliged to notify the Client thereof, as well as to
the need to provide or supplement the specified information and (or) documents.
2.1.7 Inform the Client about the date and time of the beginning of the carriage, container number (make and
vehicle number), vessel name, voyage number, timetable and estimated time of arrival of cargoes to the destination.
2.1.8 To agree with the Client on changing the conditions of carriage defined in the Application.
2.1.9 Organise cargo insurance, if it is stipulated by the Application.
2.1.10 Provide services related to the processing of documents for customs purposes and
fulfilment by the Client of customs formalities required for the carriage of goods in export, import, transit traffic according to the Application.
2.1.11 Make settlements with railway transport organisations and shipping companies
lines and other Carriers for the forthcoming transport.
2.1.12 Upon performance of the carriage, the Forwarder shall issue the Acts of rendered services and invoices.
invoice. The date of rendering the services shall be the date of delivery of the cargo to the destination point. If the Client does not
signs the said Act and fails to provide reasonable reasoned objections thereto within 5 (Five) working days from the date of receipt of the Act, the Act shall be deemed signed, and
obligations of the Forwarder — duly fulfilled.
2.1.13 Provide copies of documents confirming the fact of provision of a service not included in the
the rate agreed in the Application.
2.1.14 Upon the Client’s written request, provide copies of documents confirming
the fact that services have been rendered in respect of the goods/vehicles being forwarded.
2.2 The Forwarder shall have the right:
2.2.1 To request from the Client the necessary information and documents, to make copies of the provided information and documents.
the Client documents for the purpose of fulfilment of obligations under the Agreement.
2.2.2 Suspend rendering of services under this Agreement in case of violation by the Client
payment terms for the previously rendered services until the moment of receipt of funds to the Forwarder’s settlement account specified in clause 11. of the Contract. Agreement.
2.2.3 Provide services by engaging third parties who have the appropriate
licences, permits, authorisations required for rendering the relevant types of services (works),
remaining liable for their actions to the Client. If third parties are involved, the Forwarder shall be obliged to exercise due diligence and act in the Client’s interests. The Forwarder shall act on his own behalf in transactions with third parties.
2.2.4 Proceed to render the service to the Client not earlier than 2 (Two) working days after
providing the latter with all necessary correct, complete, accurate, true and authentic information and documents.
2.2.5 The Forwarder shall be entitled to deviate from the Client’s instructions, unless it is necessary in the interests of the Client
the Client and the Forwarder, due to circumstances beyond his control, has not been able to request the Client in advance, in accordance with the procedure specified in the Contract, for his consent to such derogation or to receive a reply to his request.
2.2.6. On behalf, by order and in the interests of the Client, to conclude contracts with the customs authorities.
the representative for the purpose of customs declaration and fulfilment of customs duties.
operations required for the release of the Client’s goods under a customs procedure (placement of goods under a customs procedure).
2.3 The Client is obliged to:
2.3.1 Provide the Forwarder with complete, accurate and reliable information, data and
documents on paper and/or in electronic form necessary for the fulfilment of the latter’s obligations under the Contract.
2.3.2 Inform the Forwarder of the place and date of arrival to the territory of the Russian Federation
the Client’s goods and transport goods from the territory of the Russian Federation or their dispatch from the territory of the Russian Federation.
The Forwarder shall not be obliged to pay the freight forwarder’s expenses for the transport of such vehicles across the border of the Russian Federation.
organises the transportation of cargo across the border of the Russian Federation.
2.3.3 For the purpose of fulfilment of obligations under the Contract, to provide the Forwarder with all
the necessary information as far in advance as possible (not later than 5 (five) working days before the date of commencement of carriage of the Client’s goods and/or not later than 5 (five) working days before demanding the results of the Forwarder’s services).
2.3.4 Inform the Forwarder of events which are related to or which may affect the following
the transport of the Client’s goods.
2.3.5. to perform in a timely manner, in full scope and in a qualitative manner actions related to
organising and carrying out the transport of the Client’s goods.
2.3.6 To perform in a timely manner, in full and with high quality the actions related to
organising and carrying out the transport of the Client’s goods.
2.3.7 Compensation of additional expenses incurred by the Forwarder in the course of fulfilment of
of the carriage shall be paid by the Client within 5 (Five) calendar days from the date of the invoice
The Forwarder shall submit a separate invoice with documents confirming the fact of fulfilment /
the provision of these services.
2.3.8. issue a power of attorney to the Forwarder, if it is necessary for fulfilment of the Order
Client.
2.3.9. Not to present goods prohibited for carriage according to laws, other normative and regulatory acts.
legal acts and international treaties of the Russian Federation.
2.3.10. To have or guarantee the availability of loading and unloading areas and access roads.
the ways to them at the consignor’s / consignee’s warehouse, kept in good condition for unobstructed movement of vehicles at any time.
2.3.11. Provide the Forwarder with information on cargo insurance, if the Client independently
insured the shipment.
2.3.12. Sign the Statement of Services rendered (Statement of Work Performed) and return the copy of the Statement
Forwarder or submit to the Forwarder in writing his objections thereto within 5 (Five) working days after receipt of the Act from the Forwarder.
2.3.13. To make payments related to the organisation in due time and in full,
the realisation and completion of the transport of its goods.
2.3.14. To pay costs, fines, penalties and damages in full and in a timely manner
The Forwarder and third parties, which has been caused by his acts or omissions.
2.3.15. To reimburse the Forwarder’s expenses related to the performance of work on the initiative of the authorities
state (including customs) control, as well as other expenses arising in connection with the following
execution of orders of the controlling authorities and confirmed by acts of general form and invoices of the established sample.
2.3.16. To reimburse the Forwarder’s documented expenses related to payment for the following
additional expenses, fines, penalties incurred by the Client in connection with the Client’s failure to fulfil or improper fulfilment of its obligations under the Agreement.
2.3.17. When making mutual settlements with the Forwarder, be guided by the provisions of the Contract,
regulating the cost of the Forwarder’s services and the settlement procedure.
2.4.The Client shall have the right to:
2.4.1 Request the Forwarder to provide information on the progress of the Forwarder’s fulfilment of its obligations.
obligations under the terms and conditions of the Contract, as well as to request all necessary documents stipulated by the Forwarder’s Contract.
2.4.2 Decide independently on the appropriateness of using in their work
proposals, remarks and recommendations of the Forwarder.
2.1 The Forwarder shall:
2.1.1 Provide services in full, timely, qualitatively, in the interests of the Client in the
in accordance with the terms and conditions of the Contract.
2.1.2 Organise the transportation of goods, as well as provide additional services related to
organisation of transport in accordance with the Contract.
2.1.3 Notify the Client of all information on the progress of fulfilment of the undertaken obligations.
2.1.4 Provide the Client with information and documents on paper and/or electronic media on
the results of the services rendered.
2.1.5 Inform the Client about prohibitions and restrictions applied to goods
economic, as well as non-economic character established by international instruments,
the Russian Federation is a party to, Russian legislation in the area of
State regulation of foreign trade activities (export control, sanitary and hygiene programmes)
epidemiological well-being of the population, etc.).
2.1.6 If the Client fails to provide the Forwarder with the necessary information, or
incomplete information is provided, the Forwarder is obliged to notify the Client thereof, as well as to
the need to provide or supplement the specified information and (or) documents.
2.1.7 Inform the Client about the date and time of the beginning of the carriage, container number (make and
vehicle number), vessel name, voyage number, timetable and estimated time of arrival of cargoes to the destination.
2.1.8 To agree with the Client on changing the conditions of carriage defined in the Application.
2.1.9 Organise cargo insurance, if it is stipulated by the Application.
2.1.10 Provide services related to the processing of documents for customs purposes and
fulfilment by the Client of customs formalities required for the carriage of goods in export, import, transit traffic according to the Application.
2.1.11 Make settlements with railway transport organisations and shipping companies
lines and other Carriers for the forthcoming transport.
2.1.12 Upon performance of the carriage, the Forwarder shall issue the Acts of rendered services and invoices.
invoice. The date of rendering the services shall be the date of delivery of the cargo to the destination point. If the Client does not
signs the said Act and fails to provide reasonable reasoned objections thereto within 5 (Five) working days from the date of receipt of the Act, the Act shall be deemed signed, and
obligations of the Forwarder — duly fulfilled.
2.1.13 Provide copies of documents confirming the fact of provision of a service not included in the
the rate agreed in the Application.
2.1.14 Upon the Client’s written request, provide copies of documents confirming
the fact that services have been rendered in respect of the goods/vehicles being forwarded.
2.2 The Forwarder shall have the right:
2.2.1 To request from the Client the necessary information and documents, to make copies of the provided information and documents.
the Client documents for the purpose of fulfilment of obligations under the Agreement.
2.2.2 Suspend rendering of services under this Agreement in case of violation by the Client
payment terms for the previously rendered services until the moment of receipt of funds to the Forwarder’s settlement account specified in clause 11. of the Contract. Agreement.
2.2.3 Provide services by engaging third parties who have the appropriate
licences, permits, authorisations required for rendering the relevant types of services (works),
remaining liable for their actions to the Client. If third parties are involved, the Forwarder shall be obliged to exercise due diligence and act in the Client’s interests. The Forwarder shall act on his own behalf in transactions with third parties.
2.2.4 Proceed to render the service to the Client not earlier than 2 (Two) working days after
providing the latter with all necessary correct, complete, accurate, true and authentic information and documents.
2.2.5 The Forwarder shall be entitled to deviate from the Client’s instructions, unless it is necessary in the interests of the Client
the Client and the Forwarder, due to circumstances beyond his control, has not been able to request the Client in advance, in accordance with the procedure specified in the Contract, for his consent to such derogation or to receive a reply to his request.
2.2.6. On behalf, by order and in the interests of the Client, to conclude contracts with the customs authorities.
the representative for the purpose of customs declaration and fulfilment of customs duties.
operations required for the release of the Client’s goods under a customs procedure (placement of goods under a customs procedure).
2.3 The Client is obliged to:
2.3.1 Provide the Forwarder with complete, accurate and reliable information, data and
documents on paper and/or in electronic form necessary for the fulfilment of the latter’s obligations under the Contract.
2.3.2 Inform the Forwarder of the place and date of arrival to the territory of the Russian Federation
the Client’s goods and transport goods from the territory of the Russian Federation or their dispatch from the territory of the Russian Federation.
The Forwarder shall not be obliged to pay the freight forwarder’s expenses for the transport of such vehicles across the border of the Russian Federation.
organises the transportation of cargo across the border of the Russian Federation.
2.3.3 For the purpose of fulfilment of obligations under the Contract, to provide the Forwarder with all
the necessary information as far in advance as possible (not later than 5 (five) working days before the date of commencement of carriage of the Client’s goods and/or not later than 5 (five) working days before demanding the results of the Forwarder’s services).
2.3.4 Inform the Forwarder of events which are related to or which may affect the following
the transport of the Client’s goods.
2.3.5. to perform in a timely manner, in full scope and in a qualitative manner actions related to
organising and carrying out the transport of the Client’s goods.
2.3.6 To perform in a timely manner, in full and with high quality the actions related to
organising and carrying out the transport of the Client’s goods.
2.3.7 Compensation of additional expenses incurred by the Forwarder in the course of fulfilment of
of the carriage shall be paid by the Client within 5 (Five) calendar days from the date of the invoice
The Forwarder shall submit a separate invoice with documents confirming the fact of fulfilment /
the provision of these services.
2.3.8. issue a power of attorney to the Forwarder, if it is necessary for fulfilment of the Order
Client.
2.3.9. Not to present goods prohibited for carriage according to laws, other normative and regulatory acts.
legal acts and international treaties of the Russian Federation.
2.3.10. To have or guarantee the availability of loading and unloading areas and access roads.
the ways to them at the consignor’s / consignee’s warehouse, kept in good condition for unobstructed movement of vehicles at any time.
2.3.11. Provide the Forwarder with information on cargo insurance, if the Client independently
insured the shipment.
2.3.12. Sign the Statement of Services rendered (Statement of Work Performed) and return the copy of the Statement
Forwarder or submit to the Forwarder in writing his objections thereto within 5 (Five) working days after receipt of the Act from the Forwarder.
2.3.13. To make payments related to the organisation in due time and in full,
the realisation and completion of the transport of its goods.
2.3.14. To pay costs, fines, penalties and damages in full and in a timely manner
The Forwarder and third parties, which has been caused by his acts or omissions.
2.3.15. To reimburse the Forwarder’s expenses related to the performance of work on the initiative of the authorities
state (including customs) control, as well as other expenses arising in connection with the following
execution of orders of the controlling authorities and confirmed by acts of general form and invoices of the established sample.
2.3.16. To reimburse the Forwarder’s documented expenses related to payment for the following
additional expenses, fines, penalties incurred by the Client in connection with the Client’s failure to fulfil or improper fulfilment of its obligations under the Agreement.
2.3.17. When making mutual settlements with the Forwarder, be guided by the provisions of the Contract,
regulating the cost of the Forwarder’s services and the settlement procedure.
2.4.The Client shall have the right to:
2.4.1 Request the Forwarder to provide information on the progress of the Forwarder’s fulfilment of its obligations.
obligations under the terms and conditions of the Contract, as well as to request all necessary documents stipulated by the Forwarder’s Contract.
2.4.2 Decide independently on the appropriateness of using in their work
proposals, remarks and recommendations of the Forwarder.
3. PROCEDURE FOR THE FULFILMENT OF THE CONTRACT
3.1 The Forwarder shall perform services and organise the specific carriage of the Client’s cargo according to the Application,
which is an integral part of the Contract. The rules of rendering individual types of services are given in
annexes to these General Terms and Conditions:
3.1.1. Appendix No. 1. List of Forwarder’s services related to execution of documents for
customs purposes and fulfilment by the Client of customs formalities required for
transporting cargo in export, import and transit traffic;
3.1.2 Annex No. 2. RULES FOR THE CARRIAGE OF CARGO BY AIR TRANSPORT;
3.1.3. Annex No. 3. RULES FOR THE CARRIAGE OF GOODS BY ROAD TRANSPORT;
3.1.4. Annex No. 4. RULES FOR THE CARRIAGE OF GOODS BY WATER TRANSPORT;
3.1.5. Appendix No. 5. RULES FOR THE CARRIAGE OF GOODS BY RAIL.
3.2 If the Application contains conditions other than those set out in the General Terms and Conditions, the following shall prevail
have the terms and conditions of the Application.
3.3 The Client shall specify and notify the Forwarder of special properties and characteristics in the Application Form
cargoes, which by their nature are or may become dangerous, radioactive, toxic or causing (threatening to cause) damage to the environment, third parties and the vehicle, as well as perishable and fragile (i.e. requiring special conditions of transport, handling and storage) cargoes. Dangerous, harmful or perishable and fragile goods shall not be accepted by the Freight Forwarder in the absence of prior written request, instructions and safety data from the Client and in the absence of confirmation of the Freight Forwarder’s consent to accept such goods. The above shall apply equally to heavy, bulky and all other goods to which conditions of carriage other than those of ordinary goods apply or are to be applied.
3.4 The Parties undertake to inform each other immediately of any difficulties,
hindering the fulfilment of obligations under the Contract, in order to timely take necessary measures for their elimination.
3.1 The Forwarder shall perform services and organise the specific carriage of the Client’s cargo according to the Application,
which is an integral part of the Contract. The rules of rendering individual types of services are given in
annexes to these General Terms and Conditions:
3.1.1. Appendix No. 1. List of Forwarder’s services related to execution of documents for
customs purposes and fulfilment by the Client of customs formalities required for
transporting cargo in export, import and transit traffic;
3.1.2 Annex No. 2. RULES FOR THE CARRIAGE OF CARGO BY AIR TRANSPORT;
3.1.3. Annex No. 3. RULES FOR THE CARRIAGE OF GOODS BY ROAD TRANSPORT;
3.1.4. Annex No. 4. RULES FOR THE CARRIAGE OF GOODS BY WATER TRANSPORT;
3.1.5. Appendix No. 5. RULES FOR THE CARRIAGE OF GOODS BY RAIL.
3.2 If the Application contains conditions other than those set out in the General Terms and Conditions, the following shall prevail
have the terms and conditions of the Application.
3.3 The Client shall specify and notify the Forwarder of special properties and characteristics in the Application Form
cargoes, which by their nature are or may become dangerous, radioactive, toxic or causing (threatening to cause) damage to the environment, third parties and the vehicle, as well as perishable and fragile (i.e. requiring special conditions of transport, handling and storage) cargoes. Dangerous, harmful or perishable and fragile goods shall not be accepted by the Freight Forwarder in the absence of prior written request, instructions and safety data from the Client and in the absence of confirmation of the Freight Forwarder’s consent to accept such goods. The above shall apply equally to heavy, bulky and all other goods to which conditions of carriage other than those of ordinary goods apply or are to be applied.
3.4 The Parties undertake to inform each other immediately of any difficulties,
hindering the fulfilment of obligations under the Contract, in order to timely take necessary measures for their elimination.
4. COST OF SERVICES AND PAYMENT PROCEDURE
4.1 The cost of services under the Contract shall be determined in the Application, which is an integral part of the Contract
Treaties.
4.2 The cost of services shall include taxes at the rates and according to the procedure determined by
legislation of the Russian Federation. Payment for the Forwarder’s services under the Contract shall be made by
by paying 100% of the cost of services within 5 (Five) working days from the date of signing the Application, unless otherwise specified in the Application.
4.3 The Client shall pay for the Forwarder’s services under the Agreement by transferring money to
funds to the Forwarder’s settlement account specified in the Contract. The obligation to pay shall be deemed
executed by the Client on the date of receipt of the respective payment to the Forwarder’s current account.
4.4 Interest on the amount owed for the period of use of funds under any
of the monetary obligation provided for in Article 317.1 of the Civil Code of the Russian Federation shall not be accrued and shall not be payable.
4.1 The cost of services under the Contract shall be determined in the Application, which is an integral part of the Contract
Treaties.
4.2 The cost of services shall include taxes at the rates and according to the procedure determined by
legislation of the Russian Federation. Payment for the Forwarder’s services under the Contract shall be made by
by paying 100% of the cost of services within 5 (Five) working days from the date of signing the Application, unless otherwise specified in the Application.
4.3 The Client shall pay for the Forwarder’s services under the Agreement by transferring money to
funds to the Forwarder’s settlement account specified in the Contract. The obligation to pay shall be deemed
executed by the Client on the date of receipt of the respective payment to the Forwarder’s current account.
4.4 Interest on the amount owed for the period of use of funds under any
of the monetary obligation provided for in Article 317.1 of the Civil Code of the Russian Federation shall not be accrued and shall not be payable.
5. LIABILITY OF THE PARTIES
5.1 For failure to fulfil or improper fulfilment of their obligations under the Contract, the Parties shall
shall be liable in accordance with the applicable laws of the Russian Federation and international law
norms.
5.2 The Forwarder shall be released from liability for loss of or damage to the cargo,
occurred due to the fulfilment of the Client’s written instructions.
5.3 In the event of loss, shortage or damage to the goods, the Forwarder’s liability shall not be limited to
exceed the amount of indemnity established by cl. 3 Art. 6 para. 3 and Art. 7 para. 2 of the Federal Law "On Transport-Forwarding Activities" in case of international carriage in accordance with the norms of international legislation.
5.4 The Forwarder shall not be liable for any shortage or damage inside the warehouse
the contents of the cargo items accepted from the sender and handed over to the Client in good packaging (or behind a good seal of the loading compartment), as well as for loss, shortage or damage to the cargo, if such loss, shortage or damage occurred due to natural loss.
5.5 If the Freight Forwarder accepts dangerous goods for service, and in the course of carriage
There is a danger to other cargoes or to human life and health, such cargoes may be
destroyed without notice to the Client. The Client shall pay all costs of destruction of the cargo, and
also indemnifies third parties for damages incurred by them due to the Client’s fault.
5.6 The Client shall be liable for possible consequences of untimely submission, and
as well as providing false or inaccurate data regarding the properties, quantity of the cargo, rules of its carriage, compliance with the temperature regime specified in the Application.
5.7 The Client shall be liable for unreliable information about the cargo contained in the
submitted documents for customs operations, and reimburse the Forwarder in full the amounts collected from the Forwarder by customs or other state authorities of the Russian Federation as sanctions for violation of customs legislation in connection with the use of these documents.
5.8 Fines charged by the carrier to the Forwarder for demurrage of the vehicles,
failure to present the cargo for carriage, refusal of carriage, as well as on other grounds, shall be paid by the Client in the absence of the Forwarder’s fault.
5.9. The Client shall compensate the Forwarder for the cost of damage caused by the Client’s fault
(consignor, consignee) to the vehicle, container equipment when
loading and unloading operations, during transport.
5.10. The Client shall be liable for discrepancy between the declared cargo and the actually enclosed cargo. In case of vehicle idle time (arrest of the vehicle with the cargo) due to absence, incorrect execution of documents or other actions on the part of the Client (consignor or consignee), the Client shall pay to the Forwarder within 5 (Five) working days from the date of invoice all actually incurred documented expenses.
5.11. In case of failure to load (non-presentation of cargo or refusal to load in less than 48 (Forty
eight) hours before loading), the Client shall compensate the Forwarder for the amounts of fines imposed by the carrier on the Forwarder and shall pay to the Forwarder a penalty of 10% of the agreed rate.
5.12. In case of untimely payment of invoices the Forwarder is entitled to issue to the Client
a penalty at the rate of 0.1% of the cost of the Forwarder’s services and incurred by the Forwarder in the interests of the Client
for each day of delay, but not more than the amount due to the Forwarder.
the remuneration and expenses incurred by him in the interests of the Client. Calculation and collection of penalties
is a right of the Forwarder, which shall be exercised exclusively at his will, moreover, if the Client refuses to pay the expenses incurred by the Forwarder in order to fulfil the obligations under the contract, in addition to the said expenses, the Client shall pay a fine of ten per cent of the amount of such expenses.
5.13. The Forwarder shall not be liable for the result of the rendered services if the Client:
1) failed to fulfil the Forwarder’s recommendations;
2) failed to provide full and accurate information, data and documents requested by the Forwarder;
3) provided inaccurate information (information that does not correspond to the actual
data of the actual subject of interaction between the Parties), information, documents.
5.14. The Forwarder shall not be liable if spoilage, loss, total or partial loss of
quality of the cargo has occurred due to physical and chemical properties of the cargo, temperature difference (unless the Parties have previously agreed on the temperature mode of carriage), atmospheric precipitation, force majeure.
5.15. The Forwarder shall not be liable for the safety of the cargo arrived at the consignee
(to the Client) in a serviceable container, vehicle under the serviceable seals of the consignor, or
Good seals with which the container was sealed when the goods were inspected by customs or other authorities authorised by law to inspect the goods, as well as good seals of an independent surveyor.
5.16. The Forwarder shall also not be liable if the Client (or a third party) has
a person having an interest in the provision of services and performance of work under the Contract) losses due to:
1) loss (damage, deterioration) of the cargo as a result of a road traffic accident, which is not
caused by violation of the established traffic rules by the Forwarder or a third party engaged by the Forwarder for the fulfilment of the Contract;
2) omissions on the part of the Client or any person for whose actions the Client is responsible
in accordance with the provisions of the Agreement, or the fulfilment of obligations to which the Client is obliged to ensure in accordance with the Agreement;
3) performance by the Forwarder or a person engaged by the Forwarder to perform
Agreement, instructions of the Client (consignor, consignee);
4) deficiencies in packaging or labelling of the cargo, unless the service in question
is provided by the Forwarder;
5) any cause which is beyond the Forwarder’s responsibility to avoid
which the Forwarder cannot, by virtue of its duties and powers (including under contracts with the
third parties in relation to a particular individual case), and the consequences of which he cannot
prevent by applying all necessary actions within its competence and its area of responsibility;
6) the necessity of subordination of the Forwarder or a person engaged by the Forwarder to
fulfilment of the Contract, orders, instructions and directions of competent authorities. At the same time, the Forwarder’s liability for the cargo shall cease upon delivery of the cargo or other disposal thereof in accordance with the said orders, instructions and directions.
5.1 For failure to fulfil or improper fulfilment of their obligations under the Contract, the Parties shall
shall be liable in accordance with the applicable laws of the Russian Federation and international law
norms.
5.2 The Forwarder shall be released from liability for loss of or damage to the cargo,
occurred due to the fulfilment of the Client’s written instructions.
5.3 In the event of loss, shortage or damage to the goods, the Forwarder’s liability shall not be limited to
exceed the amount of indemnity established by cl. 3 Art. 6 para. 3 and Art. 7 para. 2 of the Federal Law "On Transport-Forwarding Activities" in case of international carriage in accordance with the norms of international legislation.
5.4 The Forwarder shall not be liable for any shortage or damage inside the warehouse
the contents of the cargo items accepted from the sender and handed over to the Client in good packaging (or behind a good seal of the loading compartment), as well as for loss, shortage or damage to the cargo, if such loss, shortage or damage occurred due to natural loss.
5.5 If the Freight Forwarder accepts dangerous goods for service, and in the course of carriage
There is a danger to other cargoes or to human life and health, such cargoes may be
destroyed without notice to the Client. The Client shall pay all costs of destruction of the cargo, and
also indemnifies third parties for damages incurred by them due to the Client’s fault.
5.6 The Client shall be liable for possible consequences of untimely submission, and
as well as providing false or inaccurate data regarding the properties, quantity of the cargo, rules of its carriage, compliance with the temperature regime specified in the Application.
5.7 The Client shall be liable for unreliable information about the cargo contained in the
submitted documents for customs operations, and reimburse the Forwarder in full the amounts collected from the Forwarder by customs or other state authorities of the Russian Federation as sanctions for violation of customs legislation in connection with the use of these documents.
5.8 Fines charged by the carrier to the Forwarder for demurrage of the vehicles,
failure to present the cargo for carriage, refusal of carriage, as well as on other grounds, shall be paid by the Client in the absence of the Forwarder’s fault.
5.9. The Client shall compensate the Forwarder for the cost of damage caused by the Client’s fault
(consignor, consignee) to the vehicle, container equipment when
loading and unloading operations, during transport.
5.10. The Client shall be liable for discrepancy between the declared cargo and the actually enclosed cargo. In case of vehicle idle time (arrest of the vehicle with the cargo) due to absence, incorrect execution of documents or other actions on the part of the Client (consignor or consignee), the Client shall pay to the Forwarder within 5 (Five) working days from the date of invoice all actually incurred documented expenses.
5.11. In case of failure to load (non-presentation of cargo or refusal to load in less than 48 (Forty
eight) hours before loading), the Client shall compensate the Forwarder for the amounts of fines imposed by the carrier on the Forwarder and shall pay to the Forwarder a penalty of 10% of the agreed rate.
5.12. In case of untimely payment of invoices the Forwarder is entitled to issue to the Client
a penalty at the rate of 0.1% of the cost of the Forwarder’s services and incurred by the Forwarder in the interests of the Client
for each day of delay, but not more than the amount due to the Forwarder.
the remuneration and expenses incurred by him in the interests of the Client. Calculation and collection of penalties
is a right of the Forwarder, which shall be exercised exclusively at his will, moreover, if the Client refuses to pay the expenses incurred by the Forwarder in order to fulfil the obligations under the contract, in addition to the said expenses, the Client shall pay a fine of ten per cent of the amount of such expenses.
5.13. The Forwarder shall not be liable for the result of the rendered services if the Client:
1) failed to fulfil the Forwarder’s recommendations;
2) failed to provide full and accurate information, data and documents requested by the Forwarder;
3) provided inaccurate information (information that does not correspond to the actual
data of the actual subject of interaction between the Parties), information, documents.
5.14. The Forwarder shall not be liable if spoilage, loss, total or partial loss of
quality of the cargo has occurred due to physical and chemical properties of the cargo, temperature difference (unless the Parties have previously agreed on the temperature mode of carriage), atmospheric precipitation, force majeure.
5.15. The Forwarder shall not be liable for the safety of the cargo arrived at the consignee
(to the Client) in a serviceable container, vehicle under the serviceable seals of the consignor, or
Good seals with which the container was sealed when the goods were inspected by customs or other authorities authorised by law to inspect the goods, as well as good seals of an independent surveyor.
5.16. The Forwarder shall also not be liable if the Client (or a third party) has
a person having an interest in the provision of services and performance of work under the Contract) losses due to:
1) loss (damage, deterioration) of the cargo as a result of a road traffic accident, which is not
caused by violation of the established traffic rules by the Forwarder or a third party engaged by the Forwarder for the fulfilment of the Contract;
2) omissions on the part of the Client or any person for whose actions the Client is responsible
in accordance with the provisions of the Agreement, or the fulfilment of obligations to which the Client is obliged to ensure in accordance with the Agreement;
3) performance by the Forwarder or a person engaged by the Forwarder to perform
Agreement, instructions of the Client (consignor, consignee);
4) deficiencies in packaging or labelling of the cargo, unless the service in question
is provided by the Forwarder;
5) any cause which is beyond the Forwarder’s responsibility to avoid
which the Forwarder cannot, by virtue of its duties and powers (including under contracts with the
third parties in relation to a particular individual case), and the consequences of which he cannot
prevent by applying all necessary actions within its competence and its area of responsibility;
6) the necessity of subordination of the Forwarder or a person engaged by the Forwarder to
fulfilment of the Contract, orders, instructions and directions of competent authorities. At the same time, the Forwarder’s liability for the cargo shall cease upon delivery of the cargo or other disposal thereof in accordance with the said orders, instructions and directions.
6. FORCE MAJEURE CIRCUMSTANCES (FORCE MAJEURE)
6.1 The Parties shall be exempted from liability for partial or total failure to fulfil
obligations under the Contract, if they were caused by force majeure circumstances,
preventing its proper fulfilment and occurring after its signing. By force
Major Events shall mean war, civil unrest, strikes, lockouts, accidents, epidemics, complex political situations, a material adverse change in applicable law or its interpretation (whether foreseeable or unforeseeable), governmental actions and any other event of any kind or nature that is insurmountable for the Parties and directly or indirectly delays or prevents the Parties from commencing or continuing to perform the obligations provided for in the Contract.
6.2 A Party that is unable to fulfil its obligations due to these circumstances shall in
in writing no later than 3 (Three) calendar days from the date of occurrence of the circumstances
force majeure to notify the opposite party of the occurrence of such circumstances, and
subsequently, of their termination. Failure to give notice or delay in giving notice shall not exempt from
liability due to the said circumstances. The facts of such circumstances shall be confirmed (certified) by the Chamber of Commerce and Industry or other competent authority in case of a request by one of the parties.
6.3 If full or partial default lasts for more than 3 (three) months, then
each of the Parties shall have the right to refuse to fulfil its obligations under the Contract.
6.1 The Parties shall be exempted from liability for partial or total failure to fulfil
obligations under the Contract, if they were caused by force majeure circumstances,
preventing its proper fulfilment and occurring after its signing. By force
Major Events shall mean war, civil unrest, strikes, lockouts, accidents, epidemics, complex political situations, a material adverse change in applicable law or its interpretation (whether foreseeable or unforeseeable), governmental actions and any other event of any kind or nature that is insurmountable for the Parties and directly or indirectly delays or prevents the Parties from commencing or continuing to perform the obligations provided for in the Contract.
6.2 A Party that is unable to fulfil its obligations due to these circumstances shall in
in writing no later than 3 (Three) calendar days from the date of occurrence of the circumstances
force majeure to notify the opposite party of the occurrence of such circumstances, and
subsequently, of their termination. Failure to give notice or delay in giving notice shall not exempt from
liability due to the said circumstances. The facts of such circumstances shall be confirmed (certified) by the Chamber of Commerce and Industry or other competent authority in case of a request by one of the parties.
6.3 If full or partial default lasts for more than 3 (three) months, then
each of the Parties shall have the right to refuse to fulfil its obligations under the Contract.
Annex No. 1 to the General Terms and Conditions
List of Forwarder’s services related to execution of documents for customs purposes and fulfilment by the Client of customs formalities required for cargo transportation in export, import, transit traffic
1 In accordance with the Contract, the Forwarder may carry out:
1.1. analyse the documents submitted by the Client in order to:
— Determining whether they are sufficient for customs declaration;
— correctness and consistency of information in the submitted documents;
— Determining whether the information contained in the submitted documents is sufficient to
of customs declaration.
1.2 Preliminary determination of the code of goods according to the Unified Commodity Nomenclature
foreign economic activity of the Eurasian Economic Union (EAEU TN VED).
1.3 Determination of the method of customs value in respect of goods intended for
customs declaration.
1.4 Calculation of the customs value in respect of goods intended for
customs declaration.
1.5 Calculation of customs duties payable in respect of goods intended for
customs declaration.
1.6 Application of tariff and non-tariff regulation measures in respect of goods,
anticipated for customs declaration.
1.7. Ensures that the Client is informed about the prohibitions and restrictions applied to the goods.
restrictions of economic as well as non-economic nature established by international acts to which the Russian Federation is a party, Russian legislation in the sphere of state regulation of foreign trade activities (export control, sanitary and epidemiological well-being of the population, etc.).
1.8 Preparation of the draft goods declaration, supplementary sheets of the goods declaration,
A declaration of customs value in respect of goods intended for customs purposes
declaration, in electronic form (in XML format).
1.9 Formalisation of documents in the album — formats of electronic forms of documents approved by the FCS of Russia, required for customs declaration.
List of Forwarder’s services related to execution of documents for customs purposes and fulfilment by the Client of customs formalities required for cargo transportation in export, import, transit traffic
1 In accordance with the Contract, the Forwarder may carry out:
1.1. analyse the documents submitted by the Client in order to:
— Determining whether they are sufficient for customs declaration;
— correctness and consistency of information in the submitted documents;
— Determining whether the information contained in the submitted documents is sufficient to
of customs declaration.
1.2 Preliminary determination of the code of goods according to the Unified Commodity Nomenclature
foreign economic activity of the Eurasian Economic Union (EAEU TN VED).
1.3 Determination of the method of customs value in respect of goods intended for
customs declaration.
1.4 Calculation of the customs value in respect of goods intended for
customs declaration.
1.5 Calculation of customs duties payable in respect of goods intended for
customs declaration.
1.6 Application of tariff and non-tariff regulation measures in respect of goods,
anticipated for customs declaration.
1.7. Ensures that the Client is informed about the prohibitions and restrictions applied to the goods.
restrictions of economic as well as non-economic nature established by international acts to which the Russian Federation is a party, Russian legislation in the sphere of state regulation of foreign trade activities (export control, sanitary and epidemiological well-being of the population, etc.).
1.8 Preparation of the draft goods declaration, supplementary sheets of the goods declaration,
A declaration of customs value in respect of goods intended for customs purposes
declaration, in electronic form (in XML format).
1.9 Formalisation of documents in the album — formats of electronic forms of documents approved by the FCS of Russia, required for customs declaration.
Annex No. 2 to the General Terms and Conditions
RULES FOR THE CARRIAGE OF GOODS BY AIR
1 When providing freight forwarding services and organising transportation by air
The parties shall be governed by the legal acts in force in the territory of the Russian Federation.
2 Obligations of the Forwarder:
1) organise, on its own behalf but at the expense of the Client, the transport of the Client’s cargoes in
international and intra-Russian traffic, by its own forces and/or by engaging third parties on its instructions, and to provide freight forwarding services;
2) to conclude contracts of carriage with a carrier in its own name but at the expense of the Client;
3) inform the Client about the terms of departure of the air transport means from the point of destination
its departure and arrival at its destination;
4) to inform the Client about violation of the deadlines for delivery of the cargo to the destination point and to accept
all measures to eliminate the breach, organise support in agreement with the Client,
cargo insurance and fulfil other orders of the Client with reimbursement of expenses in accordance with the procedure established by the Parties.
3 Client’s Obligations:
1) to initiate signing of the Order with the Forwarder not later than 10 (Ten) working days in advance
days prior to commencement of carriage in accordance with the sample according to Appendix No. 1 to the Contract. In case of carriage
oversized cargo An application to the freight forwarder must be agreed upon at least 21 days before the start of carriage. Cancellation of a previously requested air carriage is possible no later than 48 hours before the vehicle is delivered for loading. If the Client cancels the Order to the Freight Forwarder, the Client shall pay a fine in the amount invoiced by the carrier to the Freight Forwarder;
2) to authorise the Forwarder to conclude the contract and to pay for it
international carriage of goods and other freight forwarding operations and activities on the
on the basis of the Contract;
3) to agree with the Forwarder on the specific scope, nature and cost of the services by
provision of the Order to the freight forwarder;
4) provide at the point of shipment the goods in the nomenclature and quantity specified in the
On behalf of the freight forwarder, in tare and packaging ensuring its safety during carriage and loading and unloading operations, as well as the documents required for carriage (delivery and transport documents),
customs documents, certificates, import permits, etc.).
4 When importing, exporting and transiting, be guided by and comply with the applicable law.
customs legislation and instructions of customs authorities. When travelling to the consignee’s address, the aircraft with imported cargo initially arrives at the customs authority of the Russian Federation, whose area of responsibility includes the arrival airport specified in the Air Waybill (Air Waybill).
5 Removal of cargo with subsequent arrival in the customs control zone (temporary storage warehouse)
storage) on the eve of public holidays, the period of which is more than three consecutive days, shall be agreed upon by the Parties individually. In the absence of a separate agreement, all risks related to vehicles falling under idle days shall be borne by the Client.
6 The Forwarder shall not be liable for any delay in dispatch of the goods in case of change
for the delay (delay, cancellation) by the airline of the flight for which the Client’s cargo was booked, as well as in other cases, which occurred due to the airline’s fault; for late delivery of the cargo if the Client independently chooses the cargo transportation scheme, which may result in failure of delivery terms; for late delivery if it is impossible to carry out the transportation due to weather conditions that do not allow aircraft to fly to the destination, as well as aircraft breakdown or cancellation (postponement) of flights, changes in the type of aircraft, commercial and economic reasons, as well as for the delay in the delivery of the cargo.
RULES FOR THE CARRIAGE OF GOODS BY AIR
1 When providing freight forwarding services and organising transportation by air
The parties shall be governed by the legal acts in force in the territory of the Russian Federation.
2 Obligations of the Forwarder:
1) organise, on its own behalf but at the expense of the Client, the transport of the Client’s cargoes in
international and intra-Russian traffic, by its own forces and/or by engaging third parties on its instructions, and to provide freight forwarding services;
2) to conclude contracts of carriage with a carrier in its own name but at the expense of the Client;
3) inform the Client about the terms of departure of the air transport means from the point of destination
its departure and arrival at its destination;
4) to inform the Client about violation of the deadlines for delivery of the cargo to the destination point and to accept
all measures to eliminate the breach, organise support in agreement with the Client,
cargo insurance and fulfil other orders of the Client with reimbursement of expenses in accordance with the procedure established by the Parties.
3 Client’s Obligations:
1) to initiate signing of the Order with the Forwarder not later than 10 (Ten) working days in advance
days prior to commencement of carriage in accordance with the sample according to Appendix No. 1 to the Contract. In case of carriage
oversized cargo An application to the freight forwarder must be agreed upon at least 21 days before the start of carriage. Cancellation of a previously requested air carriage is possible no later than 48 hours before the vehicle is delivered for loading. If the Client cancels the Order to the Freight Forwarder, the Client shall pay a fine in the amount invoiced by the carrier to the Freight Forwarder;
2) to authorise the Forwarder to conclude the contract and to pay for it
international carriage of goods and other freight forwarding operations and activities on the
on the basis of the Contract;
3) to agree with the Forwarder on the specific scope, nature and cost of the services by
provision of the Order to the freight forwarder;
4) provide at the point of shipment the goods in the nomenclature and quantity specified in the
On behalf of the freight forwarder, in tare and packaging ensuring its safety during carriage and loading and unloading operations, as well as the documents required for carriage (delivery and transport documents),
customs documents, certificates, import permits, etc.).
4 When importing, exporting and transiting, be guided by and comply with the applicable law.
customs legislation and instructions of customs authorities. When travelling to the consignee’s address, the aircraft with imported cargo initially arrives at the customs authority of the Russian Federation, whose area of responsibility includes the arrival airport specified in the Air Waybill (Air Waybill).
5 Removal of cargo with subsequent arrival in the customs control zone (temporary storage warehouse)
storage) on the eve of public holidays, the period of which is more than three consecutive days, shall be agreed upon by the Parties individually. In the absence of a separate agreement, all risks related to vehicles falling under idle days shall be borne by the Client.
6 The Forwarder shall not be liable for any delay in dispatch of the goods in case of change
for the delay (delay, cancellation) by the airline of the flight for which the Client’s cargo was booked, as well as in other cases, which occurred due to the airline’s fault; for late delivery of the cargo if the Client independently chooses the cargo transportation scheme, which may result in failure of delivery terms; for late delivery if it is impossible to carry out the transportation due to weather conditions that do not allow aircraft to fly to the destination, as well as aircraft breakdown or cancellation (postponement) of flights, changes in the type of aircraft, commercial and economic reasons, as well as for the delay in the delivery of the cargo.
Annex No. 3 to the General Terms and Conditions
ROAD TRANSPORT REGULATIONS
1 When providing freight forwarding services and organising transport by road
The parties shall be governed by the current legislation of the Russian Federation, the Customs Convention on the
The Convention on the International Transport of Goods under Cover of TIR Carnets (TIR Convention), the Convention on the
the Contract for the International Carriage of Goods (CMR), the European Agreement concerning the Carriage of Dangerous Goods by Road (ADR).
2 Obligations of the Forwarder:
1) organise, on its own behalf but at the expense of the Client, the transport of the Client’s cargoes in
international and intra-Russian traffic, by its own forces and/or by engaging third parties on its instructions, and to provide freight forwarding services;
2) to conclude contracts of carriage with a carrier in its own name but at the expense of the Client;
3) to inform the Client about the terms of leaving the point of departure of the motor vehicle
its departure and arrival at its destination;
4) to inform the Client about violation of the deadlines for delivery of the cargo to the destination point and to accept the
all measures to eliminate the breach, organise support in agreement with the Client,
cargo insurance and fulfil other orders of the Client with reimbursement of expenses in accordance with the procedure established by the Parties.
3 Client’s Obligations:
1) initiate the signing of the Order with the freight forwarder 5 (Five) working days prior to the commencement of the
carriage according to the sample according to Appendix No. 2 to the Contract. When transporting oversized equipment
The request to the freight forwarder must be submitted at least 21 days before the commencement of the transport. Cancellation of a previously requested road carriage is possible at least 48 hours before the delivery of the vehicle for loading. If the Client cancels the carriage less than 48 hours in advance, he shall pay a fine in the amount invoiced by the carrier to the Forwarder, but not less than 20% of the freight price per vehicle unit;
2) to authorise the Forwarder to conclude the contract and to pay for it
international carriage of goods and other freight forwarding operations and activities on the
on the basis of this contract;
3) to agree with the Forwarder on the specific scope, nature and cost of the services by
signing of the Order with the freight forwarder;
4) provide at the point of shipment the goods in the nomenclature and quantity specified in the
On behalf of the freight forwarder, in tare and packaging ensuring its safety during carriage and loading and unloading operations, as well as documents required for carriage (shipping, customs documents, certificates, import permits, etc.).
4 When importing, exporting and transiting, be guided by and comply with the applicable law.
customs legislation and instructions of customs authorities. When travelling to the consignee’s address, the road train with imported goods initially arrives at the customs post indicated in the CMR or TIR-Carnet.
5 Regulatory period of use of the vehicle (the period during which from the
The Client is not charged an additional fee for the use of the vehicle) to
loading/unloading and customs declaration of goods on foreign territory is 24 hours, for loading/unloading and customs operations (formalities) on the territory of the Russian Federation — 48 hours. In case of exceeding these terms for reasons beyond the control of the Forwarder and the Carrier, the Client shall pay for the excess idle time of the vehicle on the basis of the relevant invoices received from the Forwarder. The Forwarder shall be obliged to confirm to the Client, upon his request, the incurrence of the relevant expenses by submitting invoices from
Sub-Freight Forwarder/Carrier.
6 Export of cargo with subsequent arrival in the customs control zone (temporary storage warehouse)
storage) on the eve of public holidays, the period of which is more than three consecutive days, shall be agreed upon by the Parties individually. In the absence of a separate agreement, all risks related to vehicles falling under idle days shall be borne by the Client.
ROAD TRANSPORT REGULATIONS
1 When providing freight forwarding services and organising transport by road
The parties shall be governed by the current legislation of the Russian Federation, the Customs Convention on the
The Convention on the International Transport of Goods under Cover of TIR Carnets (TIR Convention), the Convention on the
the Contract for the International Carriage of Goods (CMR), the European Agreement concerning the Carriage of Dangerous Goods by Road (ADR).
2 Obligations of the Forwarder:
1) organise, on its own behalf but at the expense of the Client, the transport of the Client’s cargoes in
international and intra-Russian traffic, by its own forces and/or by engaging third parties on its instructions, and to provide freight forwarding services;
2) to conclude contracts of carriage with a carrier in its own name but at the expense of the Client;
3) to inform the Client about the terms of leaving the point of departure of the motor vehicle
its departure and arrival at its destination;
4) to inform the Client about violation of the deadlines for delivery of the cargo to the destination point and to accept the
all measures to eliminate the breach, organise support in agreement with the Client,
cargo insurance and fulfil other orders of the Client with reimbursement of expenses in accordance with the procedure established by the Parties.
3 Client’s Obligations:
1) initiate the signing of the Order with the freight forwarder 5 (Five) working days prior to the commencement of the
carriage according to the sample according to Appendix No. 2 to the Contract. When transporting oversized equipment
The request to the freight forwarder must be submitted at least 21 days before the commencement of the transport. Cancellation of a previously requested road carriage is possible at least 48 hours before the delivery of the vehicle for loading. If the Client cancels the carriage less than 48 hours in advance, he shall pay a fine in the amount invoiced by the carrier to the Forwarder, but not less than 20% of the freight price per vehicle unit;
2) to authorise the Forwarder to conclude the contract and to pay for it
international carriage of goods and other freight forwarding operations and activities on the
on the basis of this contract;
3) to agree with the Forwarder on the specific scope, nature and cost of the services by
signing of the Order with the freight forwarder;
4) provide at the point of shipment the goods in the nomenclature and quantity specified in the
On behalf of the freight forwarder, in tare and packaging ensuring its safety during carriage and loading and unloading operations, as well as documents required for carriage (shipping, customs documents, certificates, import permits, etc.).
4 When importing, exporting and transiting, be guided by and comply with the applicable law.
customs legislation and instructions of customs authorities. When travelling to the consignee’s address, the road train with imported goods initially arrives at the customs post indicated in the CMR or TIR-Carnet.
5 Regulatory period of use of the vehicle (the period during which from the
The Client is not charged an additional fee for the use of the vehicle) to
loading/unloading and customs declaration of goods on foreign territory is 24 hours, for loading/unloading and customs operations (formalities) on the territory of the Russian Federation — 48 hours. In case of exceeding these terms for reasons beyond the control of the Forwarder and the Carrier, the Client shall pay for the excess idle time of the vehicle on the basis of the relevant invoices received from the Forwarder. The Forwarder shall be obliged to confirm to the Client, upon his request, the incurrence of the relevant expenses by submitting invoices from
Sub-Freight Forwarder/Carrier.
6 Export of cargo with subsequent arrival in the customs control zone (temporary storage warehouse)
storage) on the eve of public holidays, the period of which is more than three consecutive days, shall be agreed upon by the Parties individually. In the absence of a separate agreement, all risks related to vehicles falling under idle days shall be borne by the Client.
Annex No. 4 to the General Terms and Conditions
RULES FOR THE CARRIAGE OF GOODS BY WATER
1 When providing freight forwarding services and organising transport by sea transport
the parties are guided by the "Code of Commercial Navigation of the Russian Federation" from 30.04.1999 № 81-FZ, "Code of Inland Water Transport of the Russian Federation" from 07.03.2001 № 24-FZ, the UN Convention on the Carriage of Goods by Sea from 1978, the Hague-Visby Rules and the current legislation of the Russian Federation.
2 Duties of the Freight Forwarder:
1) if the Client has all necessary documents, organise the acceptance and dispatch of cargoes
Client by sea transport;
2) organise timely payment of sea freight and payment of all other fees and charges,
duties required for the carriage of the goods;
3) issue a bill of lading for the cargo to be exported, as well as the release of the cargo,
of imported goods only on condition that the Client transfers the payment under the Contract to the Forwarder’s account;
4) on separate orders and at the Client’s expense, organise, within the terms specified in the Order, in
seaports to carry out repacking, relabelling, tare repair, weighing of cargo, determination of goods quality, sampling, execution of documentation, delivery of cargo on site and other operations related to transshipment of foreign trade cargoes, issuing in accordance with the established procedure applications to the relevant organisations for the performance of the said works;
5) to exercise control over the transfer of sketches of heavy and oversized cargoes to ports
The railway departments, as well as the preparation by the latter of loading drawings, cargo securing calculations and approval of the conditions of carriage in accordance with the established procedure.
In case of imported oversized, heavy and long-dimensioned imported goods arriving at seaports
of the equipment without sketches to ensure that they are drawn up at the expense of the Client.
6) on the Client’s behalf and on behalf of the Client, concludes contracts with shipping companies for carriages
of cargo by sea;
7) on the Client’s instruction and on behalf of the Client, conclude agreements with surveyor organisations.
3 Client’s Responsibilities:
1) ensure that cargoes are presented for carriage in proper tare and packaging that protects the
from spoilage and damage on the way, during transshipment at the port;
2) to ensure timely execution and sending to the Forwarder of all shipping documents.
documents required for shipment of cargo from the port or acceptance of cargo at the port within 5 (Five) days prior to the date of arrival of cargo at the port of discharge;
3) to ensure 20 (Twenty) days prior to the vessel’s arrival at the port of destination the receipt of
dimensional drawings (sketches) for imported oversized, heavy and long equipment on a scale of 1:50 with all measured data of protruding parts of structures, as well as with the marking of the "centre of gravity" on cargo places.
4 The Forwarder shall not be liable for loss, shortage, damage of goods, as well as
non-compliance of the assortment with the shipping documents in case of acceptance of the sealed container from the consignor and transfer of the container with undamaged seals to the consignee.
RULES FOR THE CARRIAGE OF GOODS BY WATER
1 When providing freight forwarding services and organising transport by sea transport
the parties are guided by the "Code of Commercial Navigation of the Russian Federation" from 30.04.1999 № 81-FZ, "Code of Inland Water Transport of the Russian Federation" from 07.03.2001 № 24-FZ, the UN Convention on the Carriage of Goods by Sea from 1978, the Hague-Visby Rules and the current legislation of the Russian Federation.
2 Duties of the Freight Forwarder:
1) if the Client has all necessary documents, organise the acceptance and dispatch of cargoes
Client by sea transport;
2) organise timely payment of sea freight and payment of all other fees and charges,
duties required for the carriage of the goods;
3) issue a bill of lading for the cargo to be exported, as well as the release of the cargo,
of imported goods only on condition that the Client transfers the payment under the Contract to the Forwarder’s account;
4) on separate orders and at the Client’s expense, organise, within the terms specified in the Order, in
seaports to carry out repacking, relabelling, tare repair, weighing of cargo, determination of goods quality, sampling, execution of documentation, delivery of cargo on site and other operations related to transshipment of foreign trade cargoes, issuing in accordance with the established procedure applications to the relevant organisations for the performance of the said works;
5) to exercise control over the transfer of sketches of heavy and oversized cargoes to ports
The railway departments, as well as the preparation by the latter of loading drawings, cargo securing calculations and approval of the conditions of carriage in accordance with the established procedure.
In case of imported oversized, heavy and long-dimensioned imported goods arriving at seaports
of the equipment without sketches to ensure that they are drawn up at the expense of the Client.
6) on the Client’s behalf and on behalf of the Client, concludes contracts with shipping companies for carriages
of cargo by sea;
7) on the Client’s instruction and on behalf of the Client, conclude agreements with surveyor organisations.
3 Client’s Responsibilities:
1) ensure that cargoes are presented for carriage in proper tare and packaging that protects the
from spoilage and damage on the way, during transshipment at the port;
2) to ensure timely execution and sending to the Forwarder of all shipping documents.
documents required for shipment of cargo from the port or acceptance of cargo at the port within 5 (Five) days prior to the date of arrival of cargo at the port of discharge;
3) to ensure 20 (Twenty) days prior to the vessel’s arrival at the port of destination the receipt of
dimensional drawings (sketches) for imported oversized, heavy and long equipment on a scale of 1:50 with all measured data of protruding parts of structures, as well as with the marking of the "centre of gravity" on cargo places.
4 The Forwarder shall not be liable for loss, shortage, damage of goods, as well as
non-compliance of the assortment with the shipping documents in case of acceptance of the sealed container from the consignor and transfer of the container with undamaged seals to the consignee.
Annex No. 5 to the General Terms and Conditions
RULES FOR THE CARRIAGE OF GOODS BY RAIL
1 When providing freight forwarding services and organising transport by railways
The parties undertake to be guided by the Statute of Railway Transport of the Russian Federation, the Rules for Carriage of Goods by Railway, the Technical Conditions for the Placement of Goods in Wagons and Containers, the Rules for Carriage of Dangerous Goods by Rail and other regulatory documents governing the carriage of goods by rail.
2 The freight forwarder shall:
1) to select the most optimal type of rolling stock for cargo transportation
Client;
2) develop and coordinate with the relevant authorities of JSCo Russian Railways the schemes of location
and securing the cargo in the rolling stock;
3) to make a preliminary calculation of the cost of carriage of cargo by railway
by transport in accordance with the Order to the Forwarder;
4) In the case of intra-Russian transport, to receive at the station well-functioning loaded containers
only in the presence of a previously issued railway seal;
5) to accept / transfer the loaded container, wagon to the railway station of destination / departure for
of further transport;
6) issue all necessary transport documents;
7) upon arrival of the wagon (container), immediately notify the Client by phone or by
electronic communication;
8) place the wagon (container) for unloading in accordance with the Order
To the forwarder;
9) on the Client’s instruction to be the sender of cargo by railway transport on its own behalf
10) to fulfil the Client’s instructions under this Agreement, provided that the instructions
will be legitimate, feasible and concrete.
3 Client’s Responsibilities:
1) provide the Forwarder with all necessary data at least 10 days prior to the commencement of the
cargo transportation in direct railway traffic and not less than 15 days before the beginning of cargo transportation in international traffic, in mixed traffic, as well as if the destination points are ports, liquid cargo transshipment points;
2) to submit an Application to the Forwarder for unloading the wagon (container) not later than 24 hours before
at the time of unloading;
3) to send to the Forwarder the cancellation of the previously declared carriage not later than 48 hours before
delivery of the vehicle for loading. In this case the Client shall compensate the Forwarder for the amounts of fines imposed by the carrier on the Forwarder, as well as forfeit in the amount of 5 (five) % of the cost of forwarding services;
4) to provide the Forwarder in due time with the necessary for fulfilment of this Agreement
documents and information (copy of the confirmation telegram from the destination station, consignment notes,
certificates, etc.);
5) to ensure that the container is loaded by himself or his agent, unless otherwise stated
stipulated in the Forwarder’s Order, in accordance with the rules of carriage of goods in multipurpose containers, without exceeding the technical norms of container loading (3 tonnes. — 2,400 kg, 5 t. — 3 800 kg, 20 ft. — 18,000 kg, 24 ft. — 20,000 kg, 40 ft. — 26,100 kg.). When loading the container, take measures to ensure that the cargo cannot be moved inside the container;
6) to present goods for carriage in proper condition (ensuring throughout the whole period of carriage)
the safety of cargo and rolling stock along the route) in tare and packaging complying with GOSTs, in accordance with the cargo carriage rules approved by JSCo "Russian Railways";
7) compensate all expenses of the Forwarder related to storage, return or
redirection of containers, wagons in case of absence at the station of destination of the specified Consignee / or consignee at the point of destination.
RULES FOR THE CARRIAGE OF GOODS BY RAIL
1 When providing freight forwarding services and organising transport by railways
The parties undertake to be guided by the Statute of Railway Transport of the Russian Federation, the Rules for Carriage of Goods by Railway, the Technical Conditions for the Placement of Goods in Wagons and Containers, the Rules for Carriage of Dangerous Goods by Rail and other regulatory documents governing the carriage of goods by rail.
2 The freight forwarder shall:
1) to select the most optimal type of rolling stock for cargo transportation
Client;
2) develop and coordinate with the relevant authorities of JSCo Russian Railways the schemes of location
and securing the cargo in the rolling stock;
3) to make a preliminary calculation of the cost of carriage of cargo by railway
by transport in accordance with the Order to the Forwarder;
4) In the case of intra-Russian transport, to receive at the station well-functioning loaded containers
only in the presence of a previously issued railway seal;
5) to accept / transfer the loaded container, wagon to the railway station of destination / departure for
of further transport;
6) issue all necessary transport documents;
7) upon arrival of the wagon (container), immediately notify the Client by phone or by
electronic communication;
8) place the wagon (container) for unloading in accordance with the Order
To the forwarder;
9) on the Client’s instruction to be the sender of cargo by railway transport on its own behalf
10) to fulfil the Client’s instructions under this Agreement, provided that the instructions
will be legitimate, feasible and concrete.
3 Client’s Responsibilities:
1) provide the Forwarder with all necessary data at least 10 days prior to the commencement of the
cargo transportation in direct railway traffic and not less than 15 days before the beginning of cargo transportation in international traffic, in mixed traffic, as well as if the destination points are ports, liquid cargo transshipment points;
2) to submit an Application to the Forwarder for unloading the wagon (container) not later than 24 hours before
at the time of unloading;
3) to send to the Forwarder the cancellation of the previously declared carriage not later than 48 hours before
delivery of the vehicle for loading. In this case the Client shall compensate the Forwarder for the amounts of fines imposed by the carrier on the Forwarder, as well as forfeit in the amount of 5 (five) % of the cost of forwarding services;
4) to provide the Forwarder in due time with the necessary for fulfilment of this Agreement
documents and information (copy of the confirmation telegram from the destination station, consignment notes,
certificates, etc.);
5) to ensure that the container is loaded by himself or his agent, unless otherwise stated
stipulated in the Forwarder’s Order, in accordance with the rules of carriage of goods in multipurpose containers, without exceeding the technical norms of container loading (3 tonnes. — 2,400 kg, 5 t. — 3 800 kg, 20 ft. — 18,000 kg, 24 ft. — 20,000 kg, 40 ft. — 26,100 kg.). When loading the container, take measures to ensure that the cargo cannot be moved inside the container;
6) to present goods for carriage in proper condition (ensuring throughout the whole period of carriage)
the safety of cargo and rolling stock along the route) in tare and packaging complying with GOSTs, in accordance with the cargo carriage rules approved by JSCo "Russian Railways";
7) compensate all expenses of the Forwarder related to storage, return or
redirection of containers, wagons in case of absence at the station of destination of the specified Consignee / or consignee at the point of destination.
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