Before shipping the goods, an appropriate contract must be signed between the sender and the recipient. Any manufactured products must be delivered to their destination. After signing, an act on the reception and transfer of goods and other required documentation is drawn up. The article will talk about what is the shipment of goods. We will decide how to draw up documents correctly and in accordance with existing laws of the Russian Federation.
Articles of law governing loading and unloading
- Article 506 of the Civil Code of the Russian Federation states: the contractor who signed the supply contract is obliged to deliver goods to the recipient (buyer) within the agreed time.
- Article 509 of the Civil Code of the Russian Federation stipulates that delivery is shipment and the moment of transfer to the party specified in the contract.
- Article 223 of the Civil Code of the Russian Federation states that the parties to the agreement can discuss in the text of the agreement at what point the ownership of the product will pass from the selling to the purchasing side.
From this we conclude: shipment of goods is a process in which the transfer of products occurs. It is made immediately by the selling party or transferred to the carrier for delivery to a specific person or organization.
Examples:
- The company performing the transportation delivers the goods to a specific point (city, town), where the buyer becomes the owner of the goods. From this place, the buyer delivers the goods received to his warehouses or to other places he needs with his own transport.
- The carrier delivers the goods to a warehouse or other place of storage for the buyer. From this moment, the buyer becomes the owner of the products received.
Why is it important?
The moment when the right to ownership passes from one person to another is very important in the contract when selling products of any kind. In the process of transportation, the risks are very large and can result in large losses. Goods that are transported may be lost, damaged, damaged, or some of their elements and parts may fail. This may adversely affect the appearance of the products. It is this factor that requires such risks to be stipulated in advance, so that it is clear who is responsible for them and pays for them.
This is where the most important moment comes - correctly executed documents for the shipment of goods by the supplier. If everything is done in accordance with the law, then, if necessary, such documents will become proof of your innocence or innocence in court. This will enable one of the parties to the contract to compensate for the damage.
Concept of contract
The primary document by which the delivery or sale of goods between organizations can begin is a contract. Both purchase and sale suggest the future delivery of products to a specific place.
Contracts of this type are drawn up if the seller himself manufactures these products.
To ensure that the registration of shipment was not complicated, it is necessary in the contract itself to clearly indicate what this product is. It should be described in detail in the documentation that is filled in for the shipment of the goods and in the invoices to it.
Without such a description, the contract can be declared null and void if it is submitted to the arbitration court in the event of a disagreement regarding payment of the resulting damage.
How the transported goods are correctly described
The following should be indicated:
- compliance of transported products with the all-Russian classification;
- compliance with state standard specification;
- compliance with technical parameters;
- availability of technical passport;
- necessary certificates according to the catalog of the supplying company.
It is imperative to indicate the quantity of goods indicated in the contract and its price.
When drawing up the narrative of the documentation regarding the quantity of goods, it is advisable to coordinate this moment with the sender.
When transporting, note
The product must comply with all the parameters specified by the signed contract. If this condition is not met or there is no description in the documents, difficulties may arise.
For example, an unforeseen situation occurred, damage was caused, and a statement of claim was sent to the court. In the proceedings, such subtleties become decisive in the process. The court has the right, if there is no part in the contract specifically indicating the goods, to recognize it as not concluded.
For any of the parties, such a decision will not be the best, therefore, care should be taken when preparing documentation for the transaction.
Be sure to indicate:
- availability of assortment or number of sets;
- terms in which delivery must be completed;
- the price of the goods.
Having drawn up a contract for the shipment of goods from a warehouse, a specification must be attached to it. This concept means the name of each product and its quantity, which is transported. It is permissible to indicate in the document some other characteristics specific to these goods.
Basic Rules
The most important thing when shipping goods is maintaining quality and transferring it to the carrier.
This requires:
- Strict adherence to the rules that exist. Transported products must be in packaging, labeled and sealed.
- When shipment of goods in warehouses, it is necessary to check its quantity and indicate exactly the weight of the goods and their packaging.
- When transferring goods, you must fulfill all the requirements established by this procedure.
- The document must correctly reflect the quality of the transported goods.
- When shipped, the numbers in the documentation must match the goods that are available.
- Accompanying papers on goods can be delivered to the recipient or sent by mail. The main thing is that the signed agreement should contain a clause with such conditions.
- All rules applicable to transportation should be observed without fail.
Shipment Clearance
The main document for the shipment of goods to the buyer, in addition to the contract, should be an act of acceptance-transfer, which states that the acceptance of goods will be carried out at the place indicated by the seller. The act shall indicate its quality, characteristics and quantity, which is prescribed in the existing contract between the sender and the carrier. This type of contract must be signed by authorized persons who are appointed by orders of enterprise managers.
The second document is a sheet for packaging. It describes the packaging of the goods. The same document must contain a list of goods, weight in containers and without it, what is his number, article or number listed in the catalog. The document is made in triplicate. One is an accompanying document. Two other copies are placed in containers and sent with goods.
For transportation, the following documents will be required:
- TORG-12 form.
- Invoice.
- Waybill in the form of No. 1-T.
- Certificate, technical passport.
- A check certifying payment for the goods.
Paperwork
There are a number of points that it is important to know when preparing documents for the shipment of goods:
- Accounting should compile and issue all the necessary documentation approved by law for this type of operation.
- If payment is made in cash, they must be paid by issuing a cashier's check.
- Usually, all delivery conditions that are relevant to the carrier of the cargo should be spelled out in the contract.
- Transport can be ordered by the seller or buyer. There are times when one of the parties assumes the carriage.
- The company carrying the goods must issue an invoice for the goods being transported.
It should be noted that the buyer must issue a power of attorney to receive his representative.