Role in the successful conclusion of the agreement organizing transportation
August 6, 2023
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At the present stage of development of the business relationship is very valuable intangible resources such as time. In the name of saving his business entities often tend to simplify, if not sometimes neglected important nuances. One of such nuances include the signing of a contract for the implementation of transport services. So, very often carriers or shippers do not delve into the details of the contract, and are limited at best, only a single application for transportation. Increasingly, in order to save the same period of the transaction carried out through verbal agreement. The only problem is that in the event of a conflict and its solution in the court oral agreements have no legal force. Therefore it is better not to avoid registration of such an important document for both sides.
Thus, in some cases you can get without a contract. Terms and conditions of the carriage are caused by oral, for example, by a telephone conversation. If disagreements arise, they will be governed by the rules of the current legislation of Ukraine. Road transport road transport are governed by the charter, which identifies the major duties and rights of the carrier, the shipper and the recipient. But it should be noted here that the concepts of the Charter are given vague. The aforementioned document does not have clearly defined time frames related to the timing of delivery of goods carried. The only concept encountered in the statute on the subject – a “reasonable period of time of delivery.” It is not necessary to argue that a reasonable time of delivery can be different in the treatment carrier, and the actual customer traffic. The concretization of the concept is only possible in court. Another nuance imperfections statute of road transport is that it does not provide for the carrier’s liability for the failure of the timing of deliveries of Ukrainian domestic traffic, the responsibility for the late delivery of cargo in road transport extremely small compared with the fines imputed to the suppliers for late delivery. Thus, the statute is limited to 15% of the freight for each day started late, but the entire amount of the fine shall not exceed 90% of the total freight. An important fact – the timing and method of payment for services rendered. Agreement on the provision of transport services are clearly captures these provisions in order to avoid misunderstandings, deviations from the payment and reimbursement of damages and expenses incurred in the course of transportation is not the fault of the carrier. Business relations between the cargo owner and the person performing or organize transportation, can be worn as a regular or one-off. If carriage is performed by the carrier, as they say, the first m the last time to draw the contractual relationship is often not necessary. Obligations of each other in the course of implementation and completion of the transactions carried out by following the terms of the application for transportation, as well as the waybill stamped on the transfer-acceptance of the goods. For a one-time application for the transportation still not be taken lightly. So, it should include all aspects of the carriage is planned: the date and time of arrival of a vehicle for loading, delivery date, type, weight, volume and packaging of cargo, number of packages, the special conditions of carriage, the conditions of use and the amount of fines. It is important to specify in the application all the legal details of the parties, because it is the key to the establishment of contractual relations between the parties. Waybill from a legal point of view is much more important document confirming shipping. It lists all the load data on vehicles engaged in transportation, as well as bear print shipper and receiver, indicating the delivery of goods to the recipient. If the transportation is carried out systematically, or at least with some frequency, the signing of the contract of carriage is a prerequisite for cooperation between the parties. Only competent contract signed, the contractor may protect themselves from the problems are not always pleasant during transport nuances.