Contract for international carriage of goods

D O D O V O R N_____for the carriage of goods by road

This contract, by agreement of the parties, can be supplemented or amended and certified with seals.

I. SUBJECT OF THE AGREEMENT1.1. This agreement governs the relationship of the parties related to the organization of road transport of export-import cargo in international and local traffic.

1.2. The activities of the parties are governed by this agreement, the rules of the CMR and TIR Conventions in international traffic and the Rules for the carriage of goods by road in local traffic, as well as intergovernmental and national transport law of the Republic of Moldova.

II. OBLIGATIONS OF THE PARTIES2.1. The “Forwarding Carrier” is obliged to:

2.1.1. Determine the types and number of vehicles required for transportation and ensure the supply of rolling stock to the loading point (points) within the time specified in the application submitted by the “Customer”, agreed in writing with the “Carrier”.

2.1.2. Submit for loading and transportation a rolling stock that is technically sound, meets sanitary requirements, has passed a technical inspection, and also meets international requirements, in the case of international cargo transportation.

2.1.3. Deliver the cargo entrusted to him by the “Customer” to the destination and issue it to the authorized person of the consignee.

2.1.4. Provide drivers with all the necessary documentation related to the rolling stock (certificate of the suitability of transport for international cargo transportation, permits, TIR carnets, TTN of international standard-CMR, etc.)

2.1.5. Take responsibility for the safety of all goods transported under this contract along the way.

2.1.6. Observe the route and terms of transportation agreed with the “Customer”.

To immediately inform the “Customer” about the forced delays of transport on the way, accidents and other unforeseen circumstances that prevent the timely delivery of the goods. If necessary, submit the attracted rolling stock for loading.

2.2. The “Customer” is obliged to:2.2.1. Submit requests for transportation to the “Carrier” at least 48 hours before the vehicle is submitted for loading. The application must be signed by the head or another authorized person and sealed with the seal of the enterprise. If the application is sent by fax, these fax messages are considered the original.

The application must indicate:

– description of the cargo, i.e. name, quantity, packaging, dimensions, if necessary, hazard class;

– date of download;

– consignor, consignee, their addresses and contact numbers;

– Loading place;

– form and terms of payment;

– place of customs clearance and customs clearance, border crossing points.

2.2.2. Carry out on their own and means, in compliance with the requirements of safety and traffic safety, ensuring the safety of goods and rolling stock, loading onto vehicles (road trains) and unloading from them at unloading sites, preventing idle rolling stock during loading and unloading in excess of the established time limits , namely: 48 hours for loading and customs clearance and 48 hours for unloading and customs clearance of cargo, unless other conditions for loading or unloading were specified in the application.

2.2.3. Provide the “Carrier” with all the necessary, duly and fully completed, accompanying documents for the cargo presented for transportation: waybills of the established form, customs declarations, invoices, certificates, customs transit permits and other documents, the absence of which may lead to idle time of rolling stock en route (at border crossings, police posts, tax posts, etc.)

2.2.4. Notify the “Carrier” in advance whether the cargo is excisable and whether this cargo is subject to escort by the customs authorities of transit countries. Customs clearance, payment for reloading and increased transit fees in connection with this, collateral clearance, escort, payment of expenses for oversized cargo, additional phyto- and veterinary control procedures, letters of guarantee, etc. related to the clearance of the cargo are the responsibility of the Customer and are paid in excess of the cost of the freight specified in the contract-application. An additional route, not specified in the contract or application, the Customer pays at the rate of: with a load of 0.95 euros, without a load of 0.80 euros for each kilometer of the way.

2.2.5. At the points of loading and unloading, provide, drivers of vehicles and other representatives of the “Pcarrier”, telephone communication for official use.

2.2.6. Make payment for the transportation of goods, in accordance with the terms of this contract and the application for transportation.

III. PAYMENT PROCEDURE3.1. The cost of the services provided, as well as the form of payment and the amount of the advance, is determined on the basis of an application for transportation or, if necessary, agreed upon by an additional agreement, which is an integral part of this contract.

3.2. The “Customer” pays for the transport services provided by the “Carrier” within 5 banking days from the moment the latter submits the CMR invoice with the seal of the consignee, unless another payment term is specified in the application or supplementary agreement.

IV. RESPONSIBILITIES OF THE PARTIES4.1. Responsibility of the “Carrier”

4.1.1. The “carrier” is responsible for the delay in delivery and for the safety of the transported goods and the seals of the shipper in accordance with the CMR Convention.

4.2 Responsibility of the “Customer”

4.2.1. The “Customer” (Sender) is liable to the “Carrier” in accordance with the CMR Convention.

4.2.2. For violation of the terms of payment provided for in clause 3.2. of this agreement, the “Customer” pays the “Carrier” a fine in the amount of 5% of the amount of the debt for each calendar day of delay.

4.2.3. In the event of vehicle downtime during loading and unloading in excess of the time limits specified in clause 2.2.2. of this agreement, as well as delays of the vehicle on the way (at border crossings, police posts, tax posts, etc.), due to incomplete and improper execution of accompanying documents for the cargo, the “Customer” pays the “Carrier” a fine of 100 euros in the case when the downtime occurred on the territory of the Republic of Moldova and 150 euros in the case when the downtime occurred on the territory of foreign countries, for each day of downtime.

4.2.4 If the “Customer” refuses to transport, after the “Carrier” confirms the application (order) and submits the rolling stock to the place of loading, the “Customer” pays the “Carrier” a fine in the amount of 30% of the freight amount and plus for each day of downtime – 100 euros in the case when the downtime occurred on the territory of the Republic of Moldova and 150 euros in the case when the downtime occurred on the territory of foreign countries.

4.2.5. In the event of an overload of the vehicle due to the fault of the “Customer”, the latter pays the “Carrier” a fine of 300 euros for each ton of overload and reimburses the costs incurred by the “Carrier” at control and measuring posts (scales) along the way.

4.2.6. If the loss, shortage or damage (spoilage) of the cargo could not be established upon acceptance of the cargo in the usual way, such an act can be drawn up unilaterally by the Customer no later than within 7 calendar days from the date of acceptance of the cargo. The date of notification is the date of receipt by the Carrier of such an act. After this period, his acceptance of the goods is prima facie proof that he received the goods in the condition described on the waybill.

V. FORCE MAJOR5.1. The parties are released from liability for partial or complete failure to comply with the terms of this agreement if this was the result of force majeure circumstances – fires, earthquakes, hostilities, strikes, prohibitive measures of a state nature, provided that the above circumstances directly affected the fulfillment of the obligations of the parties under this agreement . In this case, the period for fulfilling obligations is extended in proportion to the duration of the force majeure circumstances.

This condition is valid only if the other party is notified within 5 days from the moment of occurrence of force majeure circumstances, documented by the Chamber of Commerce and Industry.

VI. DISPUTES RESOLUTION6.1. All disputes between the parties are resolved through negotiations.

6.2. Any dispute arising from this agreement or related to it, including its conclusion, execution or termination, will be resolved in the economic court of Moldova, or through the Arbitration Chamber at the International Association of Road Carriers in accordance with the Rules and Rules of Arbitration of this Chamber. The arbitral award made is final and binding, the parties undertake to execute it voluntarily.

6.2.1. The panel of arbitrators will consist of a sole arbitrator, namely the chairman of the Arbitration Chamber at the Association “AITA”.

6.2.2. The place of dispute settlement is the location of the Arbitration Chamber of the Association “AITA”. or Economic Court of the Republic of Moldova.

6.2.3. The arbitrator will make a decision within two months.

VII. ADDITIONAL TERMS7.1. To carry out high-quality transportation, the forwarding company provides a forwarder seconded to the car, the duties of the forwarder include full control over the accompanying documents and a full-fledged organization of transportcarts. Detailing and clarification of individual terms of this agreement are drawn up by an additional agreement, which is an integral part of this agreement.

7.2. If the “Customer” is an economic agent of the Republic of Moldova, and the cost of transportation and the amount of fines are set in foreign currency, then payment is made in Moldovan lei at the rate of the NBM on the day of calculation.

VIII. TERM OF THE CONTRACT8.1. This agreement comes into force from the date of its signing and is valid until “____” __________________ 200__.

8.2. All changes and additions to this agreement are valid only if they are made in writing and signed by authorized persons.

This contract, by agreement of the parties, can be supplemented or amended and certified with seals.