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Contract law. Transport expedition agreement (the most important)

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51. CONTRACT OF TRANSPORT FORWARDING

Forwarding contract - an agreement according to which one party (the forwarder) undertakes, for a fee and at the expense of the other party (the client-cargo owner), to perform or organize the performance of certain services related to the transportation of goods (Article 801 of the Civil Code of the Russian Federation).

The forwarding contract is:

1) consensual;

2) real - in the case when the carrier itself acts as a forwarder;

3) paid;

4) mutual.

Parties to the contract

▪ freight forwarder and cargo owner client. Both entrepreneurs and citizens can act as clients under the contract; in the latter case, the provisions of the Consumer Protection Law apply to the relationship. Only an entrepreneur can be a forwarder (specialized forwarding firms, ports that consolidate small shipments into large consignments in the interests of transport organizations).

subject of a contract - services related to transportation (except for the transportation itself).

Form of contract - written. When accepting the cargo, the forwarder is obliged to issue a forwarding document (receipt) to the client.

Rights and obligations of the forwarder:

a) organization of cargo transportation by transport and along the route chosen by the forwarder or client;

b) is obliged to provide services in accordance with the terms of the contract;

c) is obliged to inform the client about the shortcomings of the information received, and if it is incomplete, request additional data from the client;

d) has the right to demand payment for services provided to the client.

Rights and obligations of the client:

a) is obligated to pay the forwarder remuneration under the contract;

b) has the right to give instructions to the forwarder regarding the implementation of the transport expedition;

c) the right of either party to refuse to fulfill the contract (the other party must be warned about this within a reasonable time).

Responsibility of the parties.

For non-fulfillment or improper fulfillment of his obligations, the freight forwarder shall be liable on the grounds and in the amount determined by the general provisions on obligations.

The freight forwarder, unlike the carrier, bears increased liability, regardless of the presence of his fault, like any entrepreneur, and compensates for the losses incurred in full. If the forwarder proves that the breach of obligation was caused by the improper performance of the contracts of carriage, the forwarder's liability to the client shall be determined in accordance with the same rules under which the relevant carrier is liable to the forwarder. The freight forwarder is responsible regardless of his fault and in full for all losses of the client, when the non-safety of the cargo is associated with the actions or inaction of the freight forwarder himself.

Author: Rezepova V.E.

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