The Formulation Of Contract For Highway Freight Transportation

(1) the concept and characteristics of the contract for the carriage of goods by road.

Highway freight pport is an agreement between the automobile carrier and the shipper. It has the following characteristics besides the characteristics of the general freight contract.

First, the carrier must be approved by the State Council traffic administration department and hold the pport operation permit units and individuals. The state traffic administrative department must carry out the management of the means of pport and drivers, and clarify their duties, so as to ensure the safety of freight pportation.

Second, the advantages and characteristics of door to door.

The contract of highway truck pportation can be the whole pportation contract, that is, the whole process of pportation completed by a road carrier through different means of pport.

Third, many obligations of the carrier are mandatory, such as overhauling the vehicle regularly to ensure that the vehicle is in a suitable state of pport. The calculation and collection of freight must be in accordance with the provisions of the relevant departments.

(two) general responsibility for breach of contract and liquidated damages and compensation for litigants.

Principal liability for breach of contract

(1) the carrier's fault causes the goods to be overdue and shall pay the penalty for breach of contract.

2. From the time when the goods are shipped, and when the goods arrive at the time of delivery, the carrier shall be responsible for the loss, shortage, deterioration, pollution and damage of the goods, and shall compensate for the actual loss of the goods.

Except for one of the following situations:

First, force majeure; second, natural loss or change of nature of the goods; third, packing is not in conformity with the regulations.

Fourth, the package is intact and the goods are in short supply and deterioration.

Fifth, the shipper's fault; sixth, there is a consignor and does not belong to the carrier's liability; seventh, the other inspection is not responsible for the loss caused by the carrier's liability.

3. Where the goods arrive at the wrong destination or the consignee, the carrier shall deliver the goods to the designated place without charge and deliver it to the designated consignee, and the resulting overdue shipment shall be dealt with according to the regulations.

4. Compensation price for goods shall be paid according to the actual loss price.

If the goods are partially damaged, they should be paid according to the amount of damage or the repair cost.

The cost of compensation shall be paid in a special account and shall not be deducted from freight.

Shipper's principal liability for breach of contract

Failing to provide the goods according to the time and requirements stipulated in the contract, they shall pay the other party a penalty for breach of contract.

(2) the shipper shall be liable for damages caused by the following faults, such as damage to vehicles, machinery and equipment, corrosion or personal injury and loss of material to the third party:

Entrainment, concealment of dangerous goods or other violations of the provisions of dangerous goods pport in ordinary goods;

Misstatement of heavy cargo weight;

The goods are not packaged properly or are not marked as required.

3. The goods are packed intact, and the goods are short damaged, deteriorated, the consignee refuses to receive, or the goods can not arrive at the place where the consignee can not find the goods, and the goods that the consignor is responsible for loading and unloading. The loss caused by the time of loading and unloading exceeds the time stipulated in the contract shall be compensated by the consignor.

(4) due to the liability of the consignor to the carrier department or the loss of life and property caused by the kneading report, the shipper shall be responsible for the compensation, and if necessary, the relevant department shall handle it.

5. The consignor's claim for compensation to the carrier shall be dealt with by the station at the departure station, and the other station shall be responsible for the claim.

However, a freight accident caused by a traffic accident shall be recorded at the nearest station near the accident place, together with the local supervision department and the relevant units, and the responsible person shall be liable for compensation.

The validity period of claims shall not exceed 6 months from the date of invoicing.

From the request for compensation, the responsible person shall undertake the treatment within 2 months.

The liability of the consignee for breach of contract includes:

(1) the consignee must bear the warehousing and storage charge of goods when he overdue the goods.

(2) the consignee shall pay the freight that the shipper has not paid or pay less, and the late delivery shall bear the late fee.

3. The loss of other property of the highway carrier due to the consignee's behavior of taking delivery shall be liable for compensation.

On liquidated damages and damages

The parties may stipulate liquidated damages and damages.

However, the maximum penalty shall not exceed 10% of the amount of accrued freight of the part of the default traffic volume, and shall be paid within 10 days from the next day of the specified responsibility.

Overdue payment will be paid on a daily basis.

If the goods are missing or short, they should be compensated according to the value of this part of the goods; the deterioration, pollution and damage of the goods shall be compensated according to the value of the damaged goods or the repair cost.

The compensation price shall be calculated according to the provisions of the relevant competent departments of the state.

(three) issues to be noted in signing the contract for the carriage of goods by truck on the road.

1. choose the type of highway truck pportation appropriately.

Road vehicle cargo pportation has the following types.

Vehicle pportation: the consignor's consignment at a time of 3 tons (including 3 tons) or less than three tons, but its nature, volume and shape need a vehicle pportation of more than 3 tons, all vehicle pportation.

Less than truckload: the shipper carries less than 3 tons of cargo at a time.

All kinds of goods which are dangerous, easily damaged, easy to pollute, fresh and so on shall not be handled in LTL unless otherwise specified and conditionally handled.

Special vehicle pportation: according to the requirements of the nature, volume or weight of the goods, it is necessary to pport large vehicles or trailers (with a tonnage of 40 tons or more) and tankers, refrigerated trucks and insulated cars.

Container pportation: that is to say, the container is used as a filling appliance, and the mode of pportation is carried by a special vehicle.

Chartered pportation: the pport of vehicles to the shipper and the pport of freight by time or mileage, for chartered pportation.

2. types of goods pported by road freight

The highway freight pport goods are divided into three kinds: ordinary goods, special goods and light cargo.

Ordinary goods refer to goods that are not specifically required for pportation, loading and unloading.

Special goods refer to goods with special requirements for pportation, handling and storage.

Special goods include heavy and bulky goods, dangerous goods (goods that need special protection), valuable goods (expensive goods, goods that the carrier must bear greater economic responsibility in the pportation process) and fresh goods.

Light cargo refers to the cargo less than 333 kilograms per cubic meter.

3. cargo insurance and value insured pportation

The principle of voluntary insurance is adopted by the consignors themselves.

A method of voluntary price protection is adopted for motor cargo pportation. A consignment of goods can only choose one of the insured or non insured value, and the insured cargo should be stamped with the stamp of "insured pportation" on the waybill.

The carrier charges 7% of the insured value according to the insured value of the goods.

4. road freight pport plan

Both the highway carrier and the shipper can carry out planned pportation according to their needs.

The shipper shall send the "Motor cargo consignment schedule" to the carrier 10 days before the first day of the month and 15 days before the month.

The carrier shall notify the shipper 5 days before the completion of the pport plan arrangement for the consignor, and the carrier and the consignor may sign the required pport plan as required.

Or handle pportation procedures according to the regulations.

The shipper changes the pport plan to the carrier before the pport plan is coordinated.

Five

Filling requirements

A consignment must be the same shipper; for assembling and unloading the goods, each assembly or sub shipment should be marked in the shipping list.

A liquid that is perishable, fragile and easy to spill.

Goods that are not in conformity with ordinary goods or in nature and in different pport conditions shall not be checked by a waybill.

A piece of goods consigned by waybill is required to submit a list of goods not having the same name, same specification, same package and moving goods.

When the container is shipped, the box number and the seal number should be marked. The shipping name, the voyage or the container position of the station should also be marked, and the packing list shall be submitted.

The volume, volume, conversion standard, converted weight and related data of the light weight cargo should be accurately filled out according to the volume converted weight.

The shipper requests the self loading and unloading truck to be marked in the waybill after confirmation by the carrier.