Legal encyclopedia. Letter T

TRANSPORT EXPEDITION

- civil law agreement, by virtue of which one party (the freight forwarder) undertakes to fulfill or organize the performance of services related to the carriage of goods specified by the agreement of the expedition for the fee and at the expense of the other party (the client-consignor or consignee).

The TE Treaty is mutual and compensated. It can be consensual (when the freight forwarder organizes the execution of expeditionary services) or real (when the freight forwarder performs forwarding services with the cargo entrusted to him).

Subjects of the contract TE are the client-side, which services are rendered, and the forwarder is the party that renders services to the client.

The clients under this agreement may be any person (first of all the consignor and the consignee of the cargo, as well as its owner) who are interested in receiving expeditionary services. As a freight forwarder, only an entrepreneur (a commercial organization or an individual) who has obtained a license to carry out transport and forwarding activities can act.

The freight forwarder can be either a specialized organization or an ordinary carrier (for example, a structural

Subdivision of the transport enterprise).

Subject of the contract TE - services related to the transport of goods. Such services can be very different. They are divided into main (for the organization of transport, including the conclusion of the contract of carriage) and additional, which can cover any issues related to the transportation of goods. The contract can be concluded for full or partial forwarding services.

The form of the contract TE is simple written. The term of the contract is determined by agreement of the parties. The client must give the freight forwarder a power of attorney, if it is necessary to fulfill his duties. The contracts can be one-time (for execution of single-time expeditions) and long-term (they are concluded if there is a constant need for freight forwarding services).

The price of the contract TE is the freight forwarder's remuneration. It is determined by agreement of the parties. The content and scope of the freight forwarder's duties depend on the client's needs.

The main duties of the freight forwarder:

1) organize the transport of goods by a certain mode of transport and along the route chosen by the client or forwarder;

2) conclude the contract on its own behalf or on behalf of the client;

3) ensure that the shipment is sent and received at the agreed place;

4) carry out other operations directly related to transportation.

Additional duties of the freight forwarder may include:

1) the performance of customs and other formalities;

2) checking the quantity and condition of the goods;

3) loading and unloading of cargo by the freight forwarder;

4) cargo escort on the way;

5) payment of duties, fees and other costs charged to the client;

6) storage of cargo at destination.

The client's responsibilities can also be broken down into basic and additional. The main duties of the client:

1) the transfer of goods for expediting;

2) receipt of goods from the forwarder;

3) payment of contractual remuneration;

4) reimbursement of expenses incurred by the freight forwarder when executing the contract;

5) the information obligation (to provide the freight forwarder with documents and other information on the properties of the goods, the conditions of its transportation and other information necessary for the performance of the contract).

Additional responsibilities depend on the specifics of each contract. Failure or improper performance by the parties of their obligations under the contract of TE entails responsibility for the parties to the contract, the scope and conditions of which are determined by the general rules of the Civil Code.