Forwarding activity today remains one of the most popular types of services. This is understandable. In the modern world, suppliers and customers can be located not only in different cities, but also in countries. Freight forwarding companies transport products and other goods. These organizations provide accelerated delivery of goods to consumers. Consider in the article the features of the forwarding activity.
General information
The legal sources regulating the forwarding activity are the Civil Code, Federal Law No. 87, as well as the Rules approved by the government.
Specialized companies provide cargo transportation services on the basis of an agreement. In accordance with it, one participant - the forwarder - assumes the obligation to deliver the property to the recipient at the expense of the counterparty (sender or recipient). For this, he is paid a reward. Accordingly, the customer agrees to transfer the goods and pay for its transportation.
Terms of an agreement
The parties discuss all the essential aspects of the transaction and fix them in a document. The contract details of the parties, the item (shipping), information on the delivered objects, points of departure and destination, rights and obligations of the forwarder and the client, their responsibility, as well as other important issues.
The parties may also discuss additional terms of the transaction. It is, in particular, the receipt of documents necessary for import or export, the fulfillment of the requirements of the customs authority loading and unloading, payment of fees, duties, other expenses, storage of goods, receipt of goods upon arrival, etc. All conditions are determined by mutual by agreement of the parties, unless otherwise provided by 87- or other regulatory documents. A contract concluded in writing is considered valid. If necessary, the client draws up a power of attorney for the forwarder.
Carrier Responsibilities
In accordance with 87-FZ, the forwarder is entrusted with:
- Organization of cargo transportation with a guarantee of its safety in terms and on conditions agreed by the parties.
- Coordination of the interaction of delivery participants.
- Preparation of economic and technical justifications of routes and transportation schemes taking into account the requirements and wishes of the cargo owner.
- Organization and provision of services related to the reception, transportation and delivery of goods in accordance with established rules.
- Control of marking and sealing of containers, cargo, vehicles, bins, cold rooms and other storage facilities.
- Monitoring the process of performing reloading, loading and unloading, transshipment, packaging and storage operations, monitoring compliance with the deadlines, storage conditions, delivery, accumulation of goods.
- Registration of accompanying documents (including consignment notes) at all stages of the implementation of transport and technological routes and delivery schemes.
- Calculation of transportation fees and other payments.
- Preparation of documentation related to insurance of cargo, commercial acts and other securities, in accordance with the forms established by law, in the event of the receipt of cargo or vehicles in a damaged form.
- Informing senders about the movement of property.
- Maintaining the required commercial documentation, filling out reporting forms.
- Forwarding of goods, sale of unclaimed objects, search for property, vehicles.
Deviation from directions
In addition, the Law “On Freight Forwarding Activities” states that the carrier must provide services in accordance with the terms of the contract and must notify the customer of any changes. If the contractor does not have the opportunity to send the client a request to deviate from the instructions or if no response is received within 24 hours, he must notify the customer of the changes immediately, as soon as this becomes possible.
Nuances
In accordance with the Federal Law "On Freight Forwarding Activities", unless otherwise provided by contract, the carrier has the right to choose or change the type of transport, delivery sequence, route, guided by the interests of the client.
The freight forwarder has the right not to begin to fulfill obligations until the customer has provided the required documents and information on the features and properties of the delivered cargo, transportation conditions and other essential data.
Upon receipt of the cargo, the contractor must draw up a forwarding document, provide the originals of the agreements that will be concluded on behalf of the customer on the basis of a power of attorney. The forwarder cannot conclude an insurance contract for the transported property, unless this is expressly provided for by the terms of the transaction.
Rights and obligations of the client
According to the provisions of the Federal Law "On Forwarding Activities", the customer has the right:
- Choose a delivery method and route.
- Require the contractor (if this is stipulated in the contract for forwarding activities) to provide information on the progress of transportation.
- Give the forwarder instructions in accordance with the terms of the contract.
The obligations of the customer are reduced to the timely provision of reliable, complete and accurate information about the characteristics of the cargo, delivery conditions, as well as in the transfer of documents necessary for customs, sanitary and other types of state control.
The client must pay the remuneration due to the contractor in the amount and terms established by the contract. In addition, carrier costs incurred in the interests of the customer are compensated.
Responsibility of customer and forwarder
It arises in case of non-fulfillment or improper fulfillment of the terms of the contract and the requirements of the law.
In particular, the forwarder compensates for the real damage incurred by the client as a result of the loss, shortage or damage to the cargo after being accepted for transportation and before being delivered to the recipient. The legislation provides for the following calculation procedure:
- when declaring the value of the cargo - in its amount or part of this amount, proportional to the missing share of the cargo;
- without declaration of value - in the amount of the documented, actual value of the property (or the lost part).
In the latter case, if the cargo is damaged / damaged, the carrier compensates the amount by which the price of the objects has decreased. If it is not possible to restore the property after spoilage, then its full actual value is subject to compensation.
An agreement on the implementation of freight forwarding activities may stipulate that, in addition to compensation for real damage associated with damage, loss or shortage of goods, the contractor is obliged to return the remuneration received earlier from the client if it is not included in the value of the property. The amount is set in proportion to the value of the missing, damaged, lost cargo. Additionally, the carrier compensates the client for lost profits associated with damage, shortage or loss of cargo.
The freight forwarder shall compensate for the damage if he cannot prove that his failure to comply with the terms of the contract was connected with circumstances beyond his control.
The Federal Law No. 87 also establishes the client’s responsibility for damage caused to the carrier as a result of failure to provide him with the required information about the cargo, route, etc. If it is proved that the customer’s refusal to pay the costs incurred by the contractor subject to the terms of the transaction was unreasonable, except for compensation of these costs, the client is required to pay a fine. Its amount is 10% of the value of these costs.
The client will also be liable for untimely payment of remuneration to the carrier, as well as reimbursement of expenses incurred by the contractor in his interests, in the form of a penalty. Its size is set at 0.1% for each overdue day. However, it should not exceed the amount of remuneration and expenses incurred in the interests of the customer.
Important points
The cargo will be declared lost if after 30 days. from the end date of the agreed delivery period, it has not been issued. If the specified period is not defined, then instead of 30 days, the reasonable period necessary for transportation is accepted. Calculation is carried out from the date of acceptance of the goods by the forwarder.
Property delivered but not given to the recipient due to non-payment of remuneration to the carrier shall not be considered lost. In this case, the forwarder must promptly notify the customer of the delivery.
If upon delivery of the goods, the recipient or other authorized person did not notify the carrier of damage, loss or shortage, did not indicate their general nature, the goods will be considered intact. If it is not possible to determine the integrity and preservation of property in the usual way, this notification may be sent within 30 days1 from the date of acceptance.
Additionally
In case of unilateral refusal by any of the participants to fulfill the contract, he is obliged to compensate the counterparty for losses caused by this action, as well as to pay a fine - 10% of the amount of expenses incurred.
In Federal Law No. 87 it is established that prior to bringing a claim against the carrier with claims arising from the contract, pre-trial procedures must be followed. For this, the client draws up a written complaint and sends it to the forwarder. Pretrial claims can be submitted within 6 months. from the date the right to it arises (from the day when the subject became aware of the violation). The customer must attach supporting documentation to the claim of damage (damage), shortage or loss of cargo, as well as papers certifying the value and quantity of the property sent. Accompanying documents may be in original or copy. In the latter case, they must be certified in the manner prescribed by law.
The timing
Within 30 days from the moment of receipt, the forwarder should consider the claim and respond to it in writing. In case of rejection or partial satisfaction of the requirements, the carrier must indicate the grounds for making such a decision. In this case, the documents submitted with the claim are returned to the client.
The freight forwarder may accept the customer’s requirements for consideration even after the deadline if he acknowledges that the reasons why the deadline was missed by the customer are valid.
Claims arising from the contract on transport forwarding may be presented within a year from the moment the right to appeal to court arises.
Licensing
Obtaining permits is compulsory for persons engaged in freight forwarding activities in road transport. Licensing is necessary to ensure state regulation, stable functioning of the services market, protect the interests of customers, as well as implement the provisions of antitrust laws, environmental standards, and traffic safety requirements for the operation of ground vehicles.
Subjects
Permits should be received by institutions, organizations, enterprises, regardless of their form of ownership, departmental affiliation, and entrepreneurs who carry out:
- Suburban, city, intercity, international, inter-republican transportation.
- Freight forwarding services for citizens and legal entities.
- Maintenance and repair of vehicles on a commercial basis.
In accordance with the Rules of freight forwarding activities, vehicles of institutions, organizations and enterprises included in the system of the State Committee for Statistics are not subject to licensing for cargo transportation (except for transportation on a commercial basis).
Railway
Today, there is a market for railway transport in which both large and small companies of various forms of ownership offer their services. More and more operators appear - owners of rolling stock, firms are created with the participation of foreign investors.
Transport and forwarding activities in railway transport are regulated, first of all, by Civil Code and Federal Law No. 87. In addition, GOST R51133-98 was introduced. This Standard sets out key requirements for regulating the operation of carriers.
On railway transport, a company service system has been formed. Interaction with it allows forwarders to provide their services at a level not inferior to foreign. GOST R51133-98 fixes the classification of services, general requirements for their quality, as well as control methods.