What contract should I sign for transportation in different places? What should I pay attention to?

Shipper (hereinafter referred to as Party A):

Carrier (hereinafter referred to as Party B):

Party A's furniture decoration materials need to be distributed to all parts of the country in less than one load or in whole vehicles, and Party B is a company engaged in automobile cargo transportation. According to the actual situation, based on the principles of good faith and mutual benefit, both parties have reached an agreement through consultation to sign this contract for mutual compliance.

I. Type, name and nature of the goods

Party A mainly produces furniture decoration materials, and the transportation materials are mainly plates and parts. The goods are made of ordinary materials and do not need special packaging, so they are not classified as "Three Dangers". Before the signing of this agreement, Party B has sent personnel to Party A to inspect the goods and packaging, and thinks it can be shipped. In the future, before each batch of goods is shipped, Party B should not only count the quantity on Party A's invoice, but also check whether the packaging meets the transportation conditions. If it is found that it does not meet the transportation requirements, it shall be put forward in time, and Party A shall correct it in time.

Second, the contract period

This contract is a long-term uncertain transportation contract. The term is tentatively set at one year, that is, from February 2005 to February 2006. During the contract period, the two parties have good cooperation, and they can sign another contract to continue cooperation before the expiration.

Party A shall notify Party B at least 4 hours in advance before each delivery. If the weight of the goods reaches two tons, Party A will send a car to Party A's factory for loading; Otherwise, Party A will send a car to the place designated by Party B for loading. The freight before the goods are delivered to Party B shall be borne by Party A. ..

During the contract period, Party A must deliver all its goods to Party B for transportation, and Party B must guarantee to provide high-quality, efficient and moderate-priced services.

In addition to direct transportation by itself, Party B may transport by other transport units, or by rail or water, but Party B shall be responsible for Party A and the consignee, and the responsibilities shall not be reduced or exempted due to the responsibilities of other transport parties.

3. The place where the goods are sent, the freight rate and the arrival time.

Serial number to destination freight unit price (yuan/kg) arrival time (days) Note.

1 Fuzhou, Jinjiang, Xiamen, Zhangzhou

2 Guangzhou, Shenzhen, Foshan and Dongguan 6

3 Taizhou, Wenling, Hangzhou and Wenzhou 6

4 Changzhou, Shanghai and Wuxi 0.75

5 Shenyang and Dalian 0.8

6 Lanzhou, Yinchuan, Xining and Baotou 6

7 Wuhan and Jingzhou 0.60

8 Handan, Taiyuan and Qingdao, 0.65

9 Nanchang, Zhengzhou and Zhuzhou 0.65

10 Changsha Changde Hefei 0.6

1 1 Xi and Yunnan 0.60

12 Nanning and Guilin 0.70

13 Beijing and Shijiazhuang 0.65

14 Urumqi

1. The above unit price is the unit price of transportation expenses provided by Party B. Party B must ensure that the unit price in this table is the medium unit price in Chengdu Area 5. If there is any unit price adjustment in the future, Party B shall notify Party A in advance. If Party A sums up that two or more LTL freight rates with the same distance in this city are higher than 10% of the unit price in the above table, it may require adjustment. In this case, Party B proposes two or more LTL freight rates with the same distance to prove that the listed freight rates are correct. Both parties can negotiate the transportation unit price according to the average freight rate provided by both parties. If no agreement can be reached, Party A has the right to terminate this contract.

2. "Dispatching place" in the above table refers to administrative divisions. The receiving place designated by Party A is within the administrative division of the place indicated in the table, and no matter whether it is urban or rural, the freight will be increased; If the receiving place is not in the place indicated in the table, the freight unit price can be negotiated with reference to the nearest place in the table, or the freight can be calculated by multiplying the kilometer unit price of the nearest place by the actual transportation kilometers.

3. The unit price of transportation fee in the above table includes all expenses such as crossing the bridge and parking fees during transportation. The cost of reaching the destination should be borne by the consignee.

4. The arrival time and days refer to the time from the second day after Party A delivers the goods to Party B to the time when Party B delivers the goods to the consignee. During this period, Party B's transportation conditions were fully estimated. ..

5. At the time of delivery, Party B will directly charge the consignee the transportation fee.

4. Consignee and destination

Every time Party B carries Party A's goods, it shall fill in the waybill according to Party A's invoice or bill of lading, and indicate the value of the goods. If there is any conflict between the terms in Party B's waybill and this agreement, this agreement shall prevail.

When handing over the goods to Party B, Party A shall also hand over the accounting copy, bill copy and attached copy of the invoice or bill of lading to Party B.. When Party B delivers the goods to the consignee, in addition to sending the attached copy of the invoice or bill of lading to the consignee, the accounting settlement copy of the invoice or bill of lading shall be returned to Party A after being signed and sealed by the consignee. If the consignee is an individual, a copy of the consignee's ID card shall be attached; If the consignee is a unit, a letter of introduction from the unit shall be attached. When the actual consignee is not the invoice or bill of lading himself, the actual consignee shall hold the power of attorney of the consignee, and attach copies of the identity cards of the consignee and the actual consignee.

When the consignee does not meet the requirements of the preceding paragraph, the staff of Party B shall contact Party A for handling. Party A shall contact the consignee in time. If the delay exceeds 8 hours, excluding the inside and outside, the consignee or Party A shall be liable for breach of contract according to Article 7 of this contract. If Party A and the consignee fail to negotiate to receive the goods within three days, or according to Party A's instructions, the goods can be shipped back. Party A shall pay the freight at 0.5 times of the one-way freight of 65438+. If Party B fails to deliver the goods according to the provisions of this article, causing losses to Party A, Party B shall fully compensate Party A and other related expenses according to the value indicated in the invoice or bill of lading.

V. Insurance and Insurance of Goods

The transportation in this contract is insurance transportation, and the value of the insured goods is the value recorded in Party A's invoice or bill of lading. The insurance premium in transit shall be paid by Party B. ..

Intransitive verb cargo safety and compensation

When transporting the goods of Party A, Party B shall ensure the safety of the goods. If the goods are lost or damaged during transportation, the following methods should be adopted:

1. When receiving the goods, the consignee shall check and accept the quantity of the goods according to the quantity and specifications on Party A's invoice or bill of lading. If the goods are found to be lost, short or damaged, Party B shall fill in the freight accident record (in triplicate) according to the freight rules, which shall be signed by the consignee and handed over to the consignee.

2. If the goods are lost or short, compensate according to the value recorded by Party A on the invoice or bill of lading, and deduct the transportation fee for the lost or short part; If the goods are damaged, both parties shall negotiate compensation according to the degree of loss and the existing situation. If negotiation fails, it shall be settled through litigation.

3. The right to claim for loss or damage of goods is generally exercised by the consignee. If the trustee fails to exercise it, Party A shall exercise it. Party B shall propose a compensation plan within ten days after receiving the claimant's claim. If Party B fails to propose a compensation plan, it shall be deemed as agreeing to the compensation request put forward by the claimant and shall make compensation within 20 days.

Seven. responsibility for breach of contract

1. If the consignee fails to pay the freight or pick up the goods, it shall bear the penalty of 100 yuan per day, and Party A shall bear joint and several liabilities.

2. Party B shall bear the penalty of 65,438+000 yuan per day for overdue delivery and overdue compensation.

The above liability for breach of contract is limited to the liability for breach of contract of the client. If the overdue shipment is caused by force majeure, natural disasters or war, the carrier shall be exempted from the liability for breach of contract.

Eight. Method of dispute settlement

Disputes arising from the performance of this contract shall be settled through consultation. If negotiation fails, it shall be settled through litigation. According to the principle of facilitating litigation and punishing breach of contract, either party can choose the court where the plaintiff or defendant operates to sue.

Nine. Other agreed matters:

1. For matters not covered in this contract, both parties shall sign a supplementary agreement through consultation or determine the rights and obligations of both parties in accordance with the Contract Law and the Regulations on Road Freight Transportation.

2. The notification behavior of both parties on the performance of this contract shall be handled in the following ways: in order to perform it in time, notify the other party according to the telephone number specified in this contract; If it cannot be performed in time, it shall notify the other party by express mail or email according to the address specified in this contract.

3. Copies of business licenses of both parties, and ID cards of legal representatives and entrusted agents are annexes to this contract.

4. This contract shall come into effect after being signed and sealed by both parties. In duplicate, each party holds one copy, with the same effect.

Shipper (Party A) Shipper's name (seal): address: legal representative: ID number: entrusted agent: ID number: telephone number: bank: account number: e-mail, postal code:

Carrier (Party B) Carrier's name (seal): domicile: legal representative: ID number: entrusted agent: ID number: Tel:

Bank of deposit: account number: e-mail, postal code:

Comments:

1. standard contract

2. Whether it is road, railway, waterway or air transportation, the contractor usually provides the standard contract in the form of "waybill", and many carriers set up many clauses restricting the shipper when making "waybill". It is common to compensate for the loss of goods in a certain amount and restrict the claimant, which is not conducive to the shipper or the consignee. This model contract is more favorable to the shipper.

3. This model contract is applicable to long-term, irregular and uncertain LTL cargo transportation. General wholesalers are faced with small and medium-sized users, and delivery in different places is through carriers. General wholesalers can use this model contract.

When the carrier and the consignee deliver the goods, if there is no contract, the consignee only needs to sign the carrier's waybill, which is very unfavorable to the shipper. If there is a dispute between the shipper and the consignee, the shipper cannot provide the consignee's receipt basis. Therefore, it must be used in conjunction with the shipper's invoice or bill of lading, and the handover procedures should be specified in detail. The shipper should return the invoice and bookkeeping copies to the shipper. The website provides a sample invoice or bill of lading. So as to confirm the value of each item.

This contract pays full attention to the loss, shortage or damage of the goods in the transportation contract, and carries out insured transportation, and the insurance premium is paid by the carrier. When invoices or bills of lading are used together, the value of each batch of goods will be confirmed.

6. The main purpose of adding the entrusted agent (i.e. agent) and e-mail content to the contract subject is to simplify the power of attorney and facilitate the execution of the contract.

7. There is no liability for breach of contract in the rules of cargo transportation, which mainly depends on the contract. Therefore, this contract is stipulated, and it is limited to the maximum amount, that is, the principal of the default part is limited.

8. Transportation involves different places, and it is difficult to confirm the place where the contract is performed. Therefore, this model contract specifically stipulates that the right of claim mainly belongs to the consignee. According to the principle of punishing breach of contract and facilitating litigation, either party can choose the court in the plaintiff's business place or the court in the defendant's business place for jurisdiction. Please note that the business premises used here are mainly for wholesalers of individual industrial and commercial households. If there is no "business place", then the "plaintiff's place" of industrial and commercial households in different places is in their hometown.

9. The contract specifies the annex to the contract and reminds the parties of the evidence they need to collect when signing this contract. Some annexes are necessary evidence for prosecution and measures to ensure timely prosecution. If one party to the contract is an individual industrial and commercial household or individual, especially a foreigner, you should pay special attention to asking him to provide the residence certificate issued by the neighborhood Committee, which is the key evidence for prosecution. Otherwise, you may go to court thousands of miles away.

10. This contract enriches the obligations and methods of mutual notification, and is an effective method to prevent the debtor from changing his business place or missing, thus achieving the purpose of fixing evidence. E-mail was added to the notification method, and fax was deleted. The main consideration is the collection of evidence. I hope my answer can help you.