Shipper:
Carrier:
Contract No.
Place of signing:
Time of signing:
This contract is signed and comes into force on the day of (hereinafter referred to as "shipper") and
Company (hereinafter referred to as "carrier"). (hereinafter referred to as the "Carrier") on the day of , and shall enter into force. The Shipper authorizes , with full authority, to execute this contract on behalf of the Shipper.
Whereas the Consignor is willing, according to its needs, to use vehicles belonging to the Carrier for the transportation of the Consignor's goods on the routes and in the construction areas specified in the Contract, and the Carrier is willing to provide the Consignor with the vehicle transportation services specified in the Contract in accordance with the following terms and conditions agreed upon by the Parties. To this end, the parties to the contract agree on the following terms and conditions.
Article I Vehicle Model, Tonnage License Plate No.
Model: Semi-trailer flatbed Truck Tonnage: 40 tons License Plate No.
Article II Transportation Route, Name of Goods to be transported: but not limited to the specified route and goods.
Transportation routes
Anbian town to Hongliuhe, Hongliuhe to Anbian town
Name of goods
Excavator Hyundai 225 one, Anbian to Hongliuhe 1 trip, freight 1800 yuan
Excavator Hitachi 220 three, Anbian to Hongliuhe, Hongliuhe to Anbian, round-trip each of the three trips, freight 11,100 yuan.
Excavator Dayu 225 One, Anbian to Hongliuhe, Hongliuhe to Anbian, 1 round trip each way, freight 4800 yuan.
Article 3 Vehicle Restrictions
1. According to this transportation contract, the carrier carries out lawful activities related to the construction operation of the consignor within the construction area of the consignor according to the consignor's requirements, and when the vehicle carries out the transportation and operation, the performance of its capacity shall be controlled within the technical specifications of the vehicle.
2. The Carrier shall comply with the following provisions in the provision of services:
(1) Maintaining transportation services for the Consignor's personnel and goods to the extent permitted by the performance of the vehicle;
(2) Keeping the communication of the Carrier's driver and driver unimpeded for 24 hours a day during the period of transportation.
(3) Vehicles shall be ready to go out at any time upon the request of the consignor when they are on standby at the construction base of the consignor.
3. If the vehicle is required to obtain a license from the relevant authorities to operate on the above mentioned routes and in the consignor's construction area, the carrier shall be responsible for obtaining the vehicle, the driver and the relevant certificates.
4. The vehicle shall perform the transportation service on the routes or other places designated by the Consignor.
Article 4 Loading and unloading place: Anbian Township, Hongliu River .
Article 5: Transportation period: from January to January, according to the actual number of days of use, and subject to the shipper's confirmation of the number of days.
Article VI Handover of Vehicles and Termination of Contract
1. The carrier shall load and unload the vehicles conforming to the provisions of this contract at the place and time specified in the contract on the specified date. Loading and unloading of goods when the shipper shall be required by the contract for vehicle inspection.
2. If the carrier fails to provide the vehicles specified in this contract on the date specified in the contract for loading and unloading the goods, this contract shall be terminated.
3. If the Carrier fails to meet the transportation services stipulated in the contract and fails to provide a suitable vehicle in time, this contract shall be canceled.
Article 7 Condition of Vehicles
1. Before loading the goods, the carrier shall carry out careful inspection and maintenance of the vehicles, so that the vehicles can efficiently fulfill the transportation services stipulated in this contract. At the same time, the carrier shall also ensure that the vehicle is equipped with sufficient spare parts and spare parts and qualified drivers with valid certificates.
2. Throughout the transportation service period, with the passage of time, if the vehicle is damaged by wear and tear or any other malfunctions, the carrier shall take vigorous measures to repair the vehicle and bring it back to normal working condition.
Article VIII Duties of the Driver
1. The Carrier guarantees that the Driver shall perform his/her duties promptly according to the needs of the Consignor, at the time and on the schedule required. The Consignor will give instructions and requests to the Driver at any time, and the Driver shall keep a complete and correct record of the operation of the equipment or a road list of the vehicle's route for inspection by the Consignor or its agent.
2. The Carrier shall ensure that its drivers shall at all times supervise and manage the loading, placement and organization of the goods.
3. The driver shall have comprehensive knowledge and skills in driving vehicles, transportation and lifting.
4, the driver or the designated person should ensure that the consignor timely report to the vehicle dynamics and vehicle status, and obey its command and deployment.
5. The Driver shall represent the Consignor and deal with matters on site.
Article 9 Behavior of Driver
When implementing the transportation operation service, the Consignor may notify the Carrier in writing to explain the situation or request for replacement of the Driver who is considered inappropriate. The Carrier shall give a clear written reply within 24 hours or replace him immediately.
Article 10 Fees and Payments
1. Transportation Price: Total:
The unit price, including but not limited to the following: transportation and handling charges, bridge and road tolls, cargo insurance, vehicle insurance contribution, taxes and fees, shall be fixed and shall not be adjusted due to price increases, inflation, or policy changes occurring after the effective date of this contract. The shipper will not be liable for any costs other than the contract price
2. Freight confirmation and payment:
Freight Confirmation: The number of days or tons and kilometers signed by the shipper's representative shall be the basis for confirmation of the transportation volume. Without the signature of the shipper's representative and the carrier's representative, the shipper's financial and management departments will not be settled. The contracting parties hereby declare that: the representative of the shipper is the only person who confirms the freight volume of this contract, and the representative of the carrier is the only person who confirms the freight volume, except for these two representatives of the two parties, the transportation volume and other documents signed by any person of the two parties, no matter in the process of transportation or outside the before and after the transportation, will not be used as the basis of the confirmation of the price of the transportation of the contract and the basis of the settlement; no matter whether the transportation bill of lading, the transportation confirmation of the volume of the bill of lading and other documents should be with the official seals of the A and B sides. As long as the above documents are not signed by the above two people can not be used as the basis for price confirmation and settlement of this contract.
Payment: after the completion of the transport task, the shipper's representative signed the number of days or tons and kilometers as the basis for settlement, depending on the shipper's availability of funds, cash check or promissory note payment.
Article 11 Taxes
The taxes incurred by both parties due to the execution of this contract shall be borne by each party.
Article XII Termination of the Contract
The vehicle interrupts the transportation service or is unavailable during the transportation operation due to the following reasons, and the time of such interruption of the transportation service or unavailability shall not be counted as transportation expenses.
1. Traffic accidents and other accidents affecting the effective transportation service of the vehicle.
2. The vehicle is in the factory for repair or other measures to maintain the performance of the vehicle.
3, the driver in the vehicle performance allows the scope of disobedience to the consignor's representative command scheduling.
Article 13 Repair and Maintenance
1. During the transportation operation period, if the vehicle needs to be inspected annually or repaired in the factory, the carrier shall apply to the consignor three days in advance.
2. During the whole transportation operation period, the carrier enjoys the right of regular maintenance, and the regular maintenance time of the vehicle for continuous working months or kilometers is one hour, and the vehicle should apply to the consignor three days in advance when it needs to be regularly maintained, and the maintenance will be carried out according to the time determined by the consignor. The vehicle maintenance period will not be charged.
Article 14: Items provided by the carrier
1. The consignor pays for all vehicle fuel, driver's salary, and other related expenses (bridge and road tolls). The carrier provides materials and pays all insurance premiums and other expenses for drivers and passengers.
2. According to the provisions of this article, all materials, fuel, supplies, etc. caused by the provision or payment of the expenses of the relevant responsibility shall be borne by the relevant responsible party.
Article 15 Assignment
The consignor may assign this contract to its subsidiaries or affiliates with similar business nature according to its production needs.
Article 16 Infected Areas and Violation of Local Laws
If the driver of the Carrier comes into contact with infected areas without the written consent of the Consignor or its agent, or without the written instruction of the Consignor, the Carrier shall be responsible for all the consequences thereof. If the vehicle is detained by the traffic department or other local authorities due to smuggling or violation of local regulations by the driver, the driver shall be fully responsible for the inability of the vehicle to work properly.
Article 17 Dangerous Goods
1. The parties shall not load or unload the vehicle with prohibited goods or other goods and articles that may cause the vehicle to be detained. The loaded flammable materials, explosives, fuse, poisonous and radioactive materials and other similar dangerous goods shall have safe and reliable utensils and go through the relevant formalities in conformity with the state decrees and regulations of the relevant departments.
2. The shipper and its affiliates shall inform the driver in writing in advance of the nature of the explosive and dangerous goods to be loaded and the relevant preventive safety measures.
Article 18 Liability for Default
If one of the parties fails to fulfill the obligations of the agreement or if the fulfillment of the obligations of the agreement is not in conformity with the agreement, the party shall bear the responsibility of continuing to fulfill the obligations, taking remedial measures and compensating for the damages and other responsibilities of breach of contract.
1, due to the following reasons for the loss, the carrier shall be responsible for, and compensation for the consignor's economic losses:
(1) the carrier does not according to the time and requirements of the agreement with the car, shipping;
(2) the carrier will be transported to the wrong place of delivery or the consignee;
(3) the carrier did not comply with the agreed terms of transportation or special matters (4) The carrier fails to deliver the goods to the destination designated by the shipper according to the agreed time and requirements;
(5) The goods are lost or damaged during transportation due to the carrier's indirect or direct responsibility;
(6) The carrier entrusts the goods to other companies without the shipper's consent and this causes the shipper's loss;
(7) The carrier commissions the goods to other companies without the shipper's consent and this causes the shipper's loss;
(8) The shipper's loss is caused by the carrier's failure to comply with the terms and conditions of carriage or special matters agreed between the two parties; and Loss of the consignor;
2, any party default shall be liable for breach of contract, the other party should take appropriate measures to prevent the expansion of losses, and did not take appropriate measures to cause the expansion of losses, shall not be required to claim compensation for the expanded losses. The economic losses caused by the other party's breach of contract and the reasonable costs of preventing the expansion of losses shall be borne by the party in breach of contract.
3. In case of traffic accidents, the carrier shall be responsible for handling and compensating the shipper for the loss of goods, and the consignor shall not bear any responsibility. The carrier shall protect the shipper from any pursuit and damage.
4, for force majeure or the implementation of state decrees, disaster relief, war missions, etc., resulting in the loss of vehicles and goods, A and B each bear the corresponding losses.
Article 19 Insurance
1, the carrier should be in accordance with state regulations to purchase vehicle insurance and driver accidental injury insurance, and insure the transportation of goods transport insurance.
2. All insurance policies purchased by both parties under this contract shall include the other party as an additional insured. All such insurance shall be endorsed to waive any right of subrogation against the other party and its joint venturers, as well as the owners and operators of construction facilities with which the other party has a contractual relationship.
3 The Carrier shall submit to the Shipper a valid certificate of insurance or a copy of the policy of insurance in compliance with the provisions of this Contract, or such other supporting documentation as may be acceptable to the Shipper.
Article 20 Force Majeure
1. Force Majeure refers to events that cannot be foreseen by either party to the Contract, the consequences of which cannot be avoided, and which are insurmountable or uncontrollable, including natural disasters, military operations, war, strikes, disturbances, and actions of governmental agencies.
2. The occurrence of an event of force majeure, which results in the inability of either party to the contract to fulfill its obligations under this contract in whole or in part, shall not be considered a breach of contract. The direct or indirect material losses of either party caused by force majeure (except as otherwise provided in this contract) shall be borne by each of them.
3. After the occurrence of force majeure, the affected party shall endeavor to notify the other party in writing with a detailed explanation. Both parties shall consult amicably and take necessary remedial measures to minimize the loss. The shipper may decide to suspend or terminate this contract in accordance with the relevant provisions of this contract, and reimburse the carrier for the contractual costs incurred previously in accordance with the relevant provisions of this contract.
Article 21 Structural Modification
If the vehicle provided by the Carrier cannot meet the requirements of the Consignor for the transportation of goods during the transportation operation, the Carrier shall modify the vehicle according to the requirements of the Consignor in accordance with the relevant provisions.
Article 22 Dispute Settlement
If any dispute arises between the two parties due to the fulfillment of the contract, the two parties shall settle the dispute through friendly consultation, and in case of failure of consultation, the two parties shall agree to apply for arbitration and file a lawsuit to Dongying Arbitration Commission.
Article 23 Inspection of Records
1. For the purpose of auditing and confirming the charges paid by the Consignor to the Carrier, the Consignor or its authorized representative shall have the right to examine the books, records, procedures, letters, receipts, vouchers, and documents, etc., of the Carrier and its drivers in connection with the execution of the Contract at any reasonable time.
2. If the Shipper disagrees with any of the information and the basis of billing and the Carrier fails to provide the necessary and valid supporting documents, the Shipper shall have the right to refuse payment.
3. The Consignor shall be entitled to obtain sufficient and valid supporting documents for the information on which payment is requested.
Article 24 Confidentiality
Unless agreed upon in advance by both parties, the Shipper and the Carrier guarantee that they and other persons related to their execution of this contract:
1. will not disclose the following information to journalists, or in books, magazines, periodicals, advertisements, radio, television, or other news media:
A. The terms and conditions of this contract terms and conditions of this contract
B, methods, equipment, facilities and personnel employed in the course of the operation;
C, other information about the operation in the possession of the personnel of the cooperating parties.
2. Not to disclose the above information to third parties not directly related to this contract.
Article 15 Notices
1. For the purpose of executing this contract (unless otherwise stipulated), each party to the contract may give notice to the other party in writing, by telephone, or by facsimile at the following addresses.
2, this contract in four copies, A and B each party to two copies, with equal force.
Consignor: Carrier:
Legal representative: Legal representative:
Agent: Agent:
Operating address: Operating address:
Telephone: Telephone:
Name of bank:
Book account number:
Date of signing:
Signing date: Month, year Signing date: month, year
.