Chapter 2. Transportations of cargoes

Article 8. The conclusion of the contract of transportation of a cargo

1. The conclusion of the contract of transportation of a cargo proves to be true a transport waybill. The transport waybill if other is not stipulated by the contract of transportation of a cargo, is made the shipper

2. The form and the order of filling of a transport waybill are established by rules of transportations of cargoes.

3. The cargo on which the transport waybill is not issued, a carrier for transportation does not strike root, except for a cargo specified regarding 1 article of 18 present Federal laws.

4. With a view of unobstructed realization of transportation of a cargo shipper it is obliged to put to a transport waybill the documents stipulated by sanitary, customs, quarantine, other rules according to requirements of the legislation of the Russian Federation, as well as certificates, passports of quality, the certificate, Other documents, which availability it is established by federal laws, other normative legal certificates of the Russian Federation.

5. The contract of transportation of a cargo can consist by means of acceptance by a carrier to execution of the order, and at availability of the contract about the organization of transportations of cargoes - applications the sender of cargo.

6. Mandatory requisites of the order, the application and the order of their registration are established by rules of transportations of cargoes.

Article 9. Granting of vehicles, containers for transportations of cargoes

1. The carrier is obliged to provide in the timeframes established by the contract of transportation of a cargo, vehicles, containers, suitable for transportations of an appropriating cargo.

2. In case of granting by a carrier of vehicles, containers, Unsuitable for transportations of an appropriating cargo, or supply of vehicles, containers in item of loading with delay shipper have the right to refuse execution of the contract of transportation of a cargo and to collect from a carrier the penalty for Has not taken out a cargo, 1 article stipulated by a part 34 present Federal laws.

Article 10. Presentation and reception of a cargo for transportation

1. At reception of a cargo for transportation the driver of a vehicle shows shipper the document proving the identity, and a travelling leaf.

2. Shipper it is obliged to prepare a cargo for transportation so that to provide a security of its transportation and safety of a cargo, nor to admit damage of a vehicle, the container.

3. At presentation for transportation of a cargo in container or packing shipper it is obliged to mark each cargo package according to rules of transportations of cargoes.

4. The cargo is considered not shown for transportation shipper in following cases:

1) presentation of a cargo for transportation with delay;

2) presentation for transportation of a cargo, Directed to other destination, than it is established by the contract of transportation of a cargo;

3) presentation for transportation of the cargo which has been not stipulated by the contract of transportation of a cargo;

4) discrepancy of a condition of the cargo shown for transportation to the requirements established by rules of transportations of cargoes, And not execution a cargo sender of cargo in conformity with the specified requirements in time, established by the contract of transportation of a cargo.

5. In case of a non-presentation shipper a cargo for transportation the carrier has the right to refuse execution of the contract of transportation of a cargo and to collect with The sender of cargo the penalty stipulated by a part of 1 article of 35 present Federal laws.

6. The sender of cargo at presentation of a cargo for transportation has the right to declare its value.Reception for transportation of a cargo with the declared value is carried out by way of, established by rules of transportations of cargoes.

Article 11. Loading of cargoes in vehicles, containers and a unloading of cargoes from them

1. Loading of cargoes in vehicles, containers and a unloading of cargoes from them should be observed in timeframes, The transportations of a cargo established by the contract and in case the specified timeframes in the contract of transportation of a cargo are not established, in the timeframes stipulated by rules of transportations of cargoes.

2. Time of supply of a vehicle, the container is for loading estimated from the moment of presentation by the driver of a vehicle shipper the document, proving the identity, and a travelling leaf in item of loading, and time of supply of a vehicle, the container under a unloading - from the moment of presentation by the driver of a vehicle the addressee of a cargo a transport unprofitable unloading in item, except for the cases stipulated portionwise of 3 and 4 present articles.

3. If loading of a cargo in the container, a unloading of a cargo from it are carried out by means of removal of the container from a vehicle, supply of the empty container the sender of cargo or laden the container the addressee of a cargo is made out by the accompanying sheet made by a carrier.The form and the order of filling of the accompanying sheet are established by rules of transportations of cargoes.

4. Time of supply of the container in case of, specified regarding 3 present articles, in items of loading, a unloading is estimated from the moment of presentation by the driver of the accompanying sheet shipper in item of loading, the addressee of a cargo in item of a unloading.

5. Shipper, the addressee of a cargo are obliged to mark in a travelling leaf, a transport waybill, the accompanying sheet time of supply of a vehicle, the container in items of loading, a unloading and a departure time from them.

6. The adaptations necessary for loading, a unloading and transportation of a cargo, should be provided and be established on a vehicle shipper and be removed from a vehicle the addressee of a cargo if other is not established by the contract of transportation of a cargo.

7. All belonging shipper adaptations come back a carrier shipper according to its indication in a transport waybill and due to shipper, and at absence of such indication protrude the addressee of a cargo together with a cargo in destination.

8. Loading of a cargo in a vehicle, the container is carried out shipper, and a unloading of a cargo from a vehicle, the container - the addressee of a cargo if other is not stipulated by the contract of transportation of a cargo.

9. Loading of cargoes in a vehicle, the container is carried out so that to provide a security of transportations of cargoes and their safety, nor to admit damage of a vehicle, the container.

10. The list and the procedure of works on loading cargoes in a vehicle, the container and a unloading of cargoes from them are established by rules of transportations of cargoes.

11. Shipper on demand of a carrier it is obliged to eliminate infringements of the installed order of loading of a cargo in a vehicle, the container, except for a case if loading of a cargo is carried out by a carrier.In case of default shipper requirements about clearing of the troubles in loading a cargo the carrier has the right to refuse realization of transportation.

Article 12. Definition of weight of a cargo 1. At presentation shipper and reception by a carrier of the cargoes transported loaded in bulk, an embankment, in bulk or in containers, their weight should be certain and specified in appropriating transport waybills.

2. Cargoes in container or packing, as well as piece cargoes strike root for transportation with the indication in transport waybills of weight of cargoes and quantities of cargo packages. The weight of cargoes in container or packing, as well as weight of piece cargoes is defined shipper before their presentation for transportation. The order of definition of weight of cargoes is established by rules of transportations of cargoes.

3. Record in a transport waybill about weight of a cargo with the indication of a way of its definition is carried out shipper if other is not established by the contract of transportation of a cargo.

4. The weight of a cargo is defined shipper at presence of a carrier and in case a point of departure is the terminal of a carrier, by a carrier at presence shipper.

5. By transportation a cargo in sealed up shipper a covered vehicle, the container the weight of a cargo is defined shipper.

Article 13. Sealing of vehicles, containers

1. Upon termination of loading covered vehicles, the containers, intended to one the addressee of a cargo, should be sealed up, if other is not established by the contract of transportation of a cargo.

2. Sealing of vehicles, containers is carried out shipper if other is not stipulated by the contract of transportation of a cargo.

3. The order of sealing of vehicles, containers is established by rules of transportations of cargoes.

Article 14. Timeframes of delivery of a cargo

1. Carriers are obliged to carry out delivery of cargoes in the timeframes established by the contract of transportation of a cargo and in case the specified timeframes in the contract of transportation of a cargo are not established, in the timeframes established by rules of transportations of cargoes.

2. The carrier is obliged to inform on a delay of delivery of a cargo shipper and consignee.

3. If other is not established by the contract of transportation of a cargo, shipper and consignee has the right to consider a cargo lost and to demand compensation of damage for a lost cargo, If it has not been given out consignee under its requirement:

1) within ten days from the date of reception of a cargo for transportation at transportations in city and suburban messages;

2) within thirty days from the date of when the cargo should be delivered consignee, by transportation in intercity the message.

Article 15. Delivery of a cargo

1. The carrier is obliged to deliver and give out a cargo consignee to the address of, specified shipper in a transport waybill, consignee - to accept the cargo delivered to it.

2. If owing to damage (damage) of a cargo during transportation the possibility of use of a cargo on direct purpose is excluded, consignee has the right to refuse acceptance of a cargo and to demand from a carrier of compensation of damage according to a part of 7 articles 34 present Federal laws.

3. In default consignee to accept a cargo for the reasons, not dependent on a carrier, last has the right to deliver a cargo on specified shipper to the new address (readdressing of a cargo), and at impossibility of delivery of a cargo to the new address to return a cargo shipper with its appropriating prior notification.

4. Readdressing of a cargo is carried out by way of, established by rules of transportations of cargoes.

5. Expenses on transportation of a cargo at its return or readdressing are compensated due to shipper.

6. If the perishable cargo transported in intercity the message, is not maybe given out consignee for the reasons, not dependent on a carrier, the carrier requests shipper in occasion of indications concerning a cargo. In case shipper within four day from the date of reception of inquiry will not give indications, Including about readdressing a cargo, the carrier has when due hereunder the right to realize a cargo under the contract of sale and purchase proceeding from the price of a cargo confirmed by documents or at absence of such documents proceeding from the price which at comparable circumstances is usually raised for the similar goods, or on the basis of an expert assessment. The means obtained by a carrier for the realized cargo, minus due to a carrier of payments for transportation of a cargo, as well as the expenses connected with realization of a cargo, are listed:

1) consignee, specified in a transport waybill, in case of payment of cost of a cargo by it; 2) shipper in all other cases.

7. The procedure for test of weight of a cargo and quantity of cargo packages at delivery of a cargo consignee in destination should conform to the procedure for test of weight of a cargo and quantity of cargo packages at acceptance of a cargo from shipper in a point of departure.

8. Delivery of the cargoes delivered in serviceable covered vehicles, containers at availability of serviceable seals shipper, is carried out consignee without check of weight, a condition of cargoes, quantity of cargo packages.

9. Delivery of a cargo by a carrier in destination with mandatory check of weight, a condition of a cargo, Quantities of cargo packages it is carried out in following cases:

1) delivery of a cargo in a covered vehicle, the container, accepted for transportation without seals;

2) delivery of a cargo in defective a body of a vehicle, the container or in a serviceable body, the container, But with the damaged seals shipper

3) delivery of a perishable cargo with infringement of timeframe of the delivery established by the contract of transportation of a cargo, or a temperature mode by transportation, established by rules of transportations of cargoes.

10. Delivery by a carrier of a cargo in container or packing with check of weight, a condition of a cargo is carried out only in case of damage of container or packing. At tracking down of damage of container or packing, as well as at availability of other circumstances which can influence variation of a condition of a cargo, the carrier is obliged to inspect weight, a condition of the cargo which is being damaged container or packing.

11. The difference between the weight of a cargo certain in a point of departure, and the weight of a cargo certain in destination, should not exceed norm of a natural loss of the cargo, established by normative legal certificates of the Russian Federation.

12. The order of definition of the sizes of a natural loss of the cargoes transported loaded in bulk, an embankment, in bulk on several transport waybills from one shipper to address of one consignee, is established by rules of transportations of cargoes.

13. Shortage of the cargo transported loaded in bulk, an embankment, in bulk with  overwork or an overload in a way from one shipper to address of one consignee and delivered in technically serviceable vehicle without signs of shortage of a cargo, is defined by results of check of all party of at the same time given out cargo.

14. If at check of weight, a condition of a cargo, quantity of cargo packages in destination shortage, damage (damage) of a cargo will be detected, consignee and a carrier are obliged to define the size of actual shortage, damage (damage) of a cargo.

15. If necessary carrying out of examination for definition of the size of actual shortage, damage (damage) of a cargo consignee either under its requirement or under the initiative the carrier invites experts in appropriating area. Results of the examination lead without notice of a carrier or consignee, are void. In case of evasion of a carrier from a call of experts in appropriating area or evasion of a carrier, consignee from participation in carrying out of examination the appropriating side has the right to examine without participation of an evading side, preliminary having notified it in writing about carrying out of examination if the different shape of the notice is not stipulated by the contract of transportation of a cargo. The expenses connected with carrying out of examination, are paid by the person who has ordered examination, with the subsequent reference of expenses on the person guilty of shortage, damage (damage) of a cargo.

Article 16. Storage of a cargo in the terminal of a carrier

1. Delivered in the terminal of a carrier the cargo is stored free-of-charge within day from the date of a direction by a carrier of the notice consignee about the delivered cargo. For storage of a cargo more than day the carrier raises with consignee or shipper a payment certain by the contract of transportation of a cargo.

2. The Deadline of storage of a cargo in the terminal of a carrier cannot exceed thirty days if other is not established by the contract of transportation of a cargo.

3. After a deadline of storage of a cargo in the terminal of a carrier last requests shipper in occasion of indications concerning a cargo.

4. If shipper will not give indications concerning a cargo within four day after reception of inquiry, The carrier has the right to return such cargo shipper due to the last or when due hereunder to realize a cargo under the contract of sale and purchase proceeding from the price of a cargo confirmed by documents or at absence of such documents proceeding from the price which at comparable circumstances is usually raised for the similar goods, Or on the basis of an expert assessment. The means obtained by a carrier for the realized cargo, minus due to a carrier of payments for transportation and storage of a cargo, as well as the expenses connected with realization of a cargo, come back to shipper.

Article 17. Clearing of vehicles, containers

1. After a unloading of cargoes vehicles, containers should be cleared of the rests of these cargoes, and after transportation of cargoes which list is defined by rules of transportations of cargoes, vehicles, containers should be washed out and are if necessary disinfected.

2. The duty on clearing, washing and disinfection of vehicles, containers lays on consignees. The carrier in coordination with consignee has the right to take up performance of works on washing and disinfection of vehicles, containers for a payment.

Article 18.

Transportation of a cargo with support of the representative of the cargo owner, transportation of a cargo concerning which the account of movement commodity-material assets 1 is not conducted. Transportation of a cargo with support of the representative of the cargo owner, transportation of a cargo concerning which the account of movement commodity-material assets is not conducted,

Are carried out by a vehicle provided on the basis of the contract of chartering, concluded in writing.

2. The contract of chartering specified regarding 1 present article,
Should include:

1) the information about freighter and charterer;

2) the name of a cargo;

3) type of a provided vehicle (if necessary - quantity of vehicles);

4) a route and seat of supply of a vehicle;

5) timeframes of performance of transportation;

6) the size of a payment for using a vehicle.

3. The contract of chartering specified regarding 1 present article, can include other conditions not specified regarding 2 present article.

4. If other is not stipulated by the agreement of sides, the contract of chartering specified regarding 1 present article, consists in the form of the order on granting of a vehicle for transportation of a cargo. Requisites and the order of filling of such order are established by rules of transportations of cargoes.

5. Granting freighter for transportation of a cargo of the vehicle mismatching treaty provisions of chartering, specified regarding 1 present article, or with delay is considered a unaccordance of a vehicle. In case of a unaccordance freighter a vehicle charterer have the right to refuse execution of the contract of chartering and to collect with freighter the penalty stipulated by a part of 2 articles of 34 present Federal laws.

6. Time of supply of a vehicle to the seat stipulated by the contract of chartering, specified regarding 1 present article, is estimated from the moment of presentation by the driver of a vehicle charterer the document proving the identity, and a travelling leaf.

7. Presentation charterer a cargo for transportation in infringement of the contract of the chartering specified regarding 1 present article, is considered refusal of use provided freighter vehicles.

8. In default charterer from use of the provided vehicle freighter have the right to refuse execution of the contract of the chartering specified regarding 1 present article, and to collect with charterer the penalty stipulated by a part of 2 articles of 35 present Federal laws.