Chapter 1 General provisions
Section 1. Subject of regulation of the current Federal law
1.Current Federal law describes the procedure of forwarding activity – regulations on providing services in organization of transportations of cargoes by any kinds of transport and preparing transportation paperwork, documentation for customs purposes and other documents necessary for transportation of cargoes (further – forwarding services).
Agreement conditions of the transport carrier which have been not stipulated by the current Federal law, other federal laws or other legal acts of the Russian Federation accepted according to the Civil code of the Russian Federation, are defined by the contract parties of transport services (the forwarding agent and the client).
2. Regulations of the current Federal law do not apply on the forwarding services which are transported by mail.
Section 2. Rules of forwarding services
1. Rules of forwarding services are established by the Government of Russian Federation.
2. Rules of forwarding services are defined by:
– list of forwarding documents (the documents confirming conclusion of the contract of transport carrier);
– quality requirements of forwarding services;
– order of providing forwarding services.
Chapter 2. Rights and duties of the forwarding agent and the client
Section 3. Rights of the forwarding agent and the client
1. Forwarding agent has the right to defy instructions of the client only if it is necessary in interests of the client and forwarding agent could not request clients consent or did not received an answer within 24 hours from the client on the inquiry.
In case instructions of the client are inexact or incomplete or mismatch the contract of transport carrier, and the forwarding agent had no opportunity to specify the instruction of the client, the forwarding agent provides forwarding services on behalf of client’s interest.
2. In case the contract of transport services does not specify the other, the forwarding agent has the right to choose or change a type of transport, route of transportation of a cargo, phases of transportation of a cargo by various types of transport on behalf of client’s interest. Therefore, forwarding agent is obliged to notify the client immediately, following contract specifications, of the changes made by the agent.
3. If specified in the contract of transport services, forwarding agent has the right to keep a cargo until payment or compensation is received for expenses caused by performing necessary actions in order to satisfy interests of the client. In this case, client also responsible for retaining charges of the property.
Client is the responsible party, if property damage occurs during a hold of a cargo by the forwarding agent.
4. Forwarding agent has the right to postpone the duties, specified by the contract, until client provides all necessary documentation, and also information on characteristics of a cargo, conditions of its transportation and other information necessary to perform work by forwarding agent. In case of delayed or incomplete information, forwarding agent is obliged to request a client for additional information.
5. Forwarding agent has rights to examine all necessary documents presented by the client, and also information on characteristics of a cargo, conditions of its transportation and other information required for forwarding agent to perform his duties, specified in the contract.
6. Client has the right to:
– choose a route of a cargo and a type of transport;
– request information on a process of cargo transportation from forwarding agent, if specified in the contract;
– give instructions to forwarding agent according to the contract of transport expedition.
Section 4. Forwarding agent duties
1. The forwarding agent is obliged to provide services according to the contract of transport expedition.
2. In case there is no opportunity to inform the client in advance about deviation from instructions or if the client did not provided an answer within 24 hours to such inquiry , forwarding agent is obliged to notify the client on the omitted items as soon as possible, specified in the contract.
3. The forwarding agent providing services to the client for his personal, family or other needs, not related with client’s business activity, is obliged to present the information specified by the legislation of the Russian Federation about protection of the consumer rights, if it is requested by the client.
4. At the time of accepting a cargo, the forwarding agent is obliged to present to the client forwarding documents and originals of the contracts, concluded by the forwarding agent, on behalf of the client by having power of attorney given by the client.
5. The forwarding agent has no right to sign the contract of insurance of a cargo on behalf of the client, unless it is specified in the contract of transport expedition
Section 5. Client duties
1. The client is obliged in timely manner to provide to the forwarding agent full, exact and correct information about characteristics of a cargo, conditions of its transportation and other information necessary for completing work by the forwarding agent, specified in the contract, as well as the documents necessary for completing the customs, sanitary control, other kinds of the state control.
2. The client is obliged to submit a payment to the forwarding agent, and also to reimburse occurred expenses do to interests of the client, as specified in the contract.
Chapter 3. Responsibilities of the forwarding agent and the client
Section 6. General responsibilities
1. For failure to, or inadequate performance of duties, specified in the contract of transport expedition and current Federal law, the forwarding agent and the client will be responsible for the penalty according to chapter 25 of the Civil code of the Russian Federation and the current Federal law.
2. In case the forwarding agent proves, that violation of the duties was caused by execution of the contract of transportation, his responsibility to the client will be determine by the rules set between the forwarding agent and corresponding carrier.
3. If forwarding services of cargoes are provided internationally and using corresponding forwarding documents responsibility of the forwarding agent for violation or inadequate performance of duties specified in the contract limits to not exceed 666,67 price unit per place or other unit of shipment, except for the liability of the forwarding agent specified in Section 9, Part 2 of the current Federal law.
As intended by the current Federal law, when providing forwarding services in regards to transportation of cargoes internationally, the price unit is considered as unit of the special right of the loan, determined by the International currency fund.
Cost of ruble in terms of the special right of loan is estimated according to a method of definition of the cost, applied International currency fund for corresponding date for the operations and transactions. In conformity with cost of ruble in terms of the special right of loan translation in rubles is carried out for date of acceptance of a judgment or for the date established by the agreement of the parties.
4. Rules of limitation of the responsibility specified in Part 3 of this Section and Part 2 of Section 7 of the current Federal law do not apply, if the forwarding agent can not prove that loss, shortage or damage of cargo did not occur because of his action or no action, performed intentionally or with negligence.
5. In case of unilateral refusal of execution of the contract on transportation of the cargo, the client or the forwarding agent will compensate to other party losses caused by cancellation of the contract, and will pay a penalty at a rate of ten percent of the sum of expenses, suffered by the forwarding agent or the client.
Section 7. The bases and the amount of the responsibility of the forwarding agent before the client for loss, shortage or damage of a cargo
1. The forwarding agent is responsible before the client in the form of compensation of damage cost for loss, shortage or damage of a cargo after accepting it for transportation and before delivering a cargo to the addressee or authorized person, specified in the contract of transport expedition, unless, the forwarding agent will prove, that loss, shortage or damage of a cargo have occurred under such circumstances which the forwarding agent could not prevent. It this case cost of compensation will be as follows:
1) for loss or shortage of the cargo accepted by the forwarding agent for transportation with the declared value, at a rate of the declared value or a part of the declared value proportional to the missing part of a cargo;
2) for loss or shortage of the cargo accepted by the forwarding agent for transportation without the declared value, at a rate of the legitimate (documentary confirmed) cost of a cargo or a missing part of a cargo; 3) for damage of the cargo accepted by the forwarding agent for transportation with the declared value, at a rate of the sum on which the declared value has gone down, or if restoration of the damaged cargo is not possible, at a rate of the declared value;
4) for damage of the cargo accepted by the forwarding agent for transportation without the declared value, at a rate of the sum on which the legitimate (documentary confirmed) cost of a cargo has gone down, or if restoration of the damaged cargo is not possible, at a rate of the legitimate (documentary confirmed) cost of a cargo.
2. When providing forwarding services associated with transportations of cargo internationally, the responsibility of the forwarding agent for loss, shortage or damage of the cargo, cannot exceed two price units per kg of gross weight of the lost, missing or damaged cargo, unless higher price was compensated by the party that reports to the forwarding agent.
3. The contract of transport expedition might specified, that besides the compensation of the actual damage caused by loss, shortage or damage of a cargo, the forwarding agent will refund to the client earlier paid fee if it does not included in the cost of a cargo, at a rate which is proportional to the cost of the lost, missing or damaged cargo.
4. Besides the compensation of actual damage and earlier paid fees to the forwarding agent in the rate established in this section, the forwarding agent is obliged to compensate to the client loss of profit occurred in connection with loss, shortage or damage of a cargo, caused by the forwarding agent’s fault.
5. When providing forwarding services associated with transportations of cargo internationally, lost profit must be compensated in full, but not to exceed more than a rate of the responsibility, established by the current Federal law.
6. The legitimate (documentary confirmed) cost of a cargo get determine based on the price specified in the contract or the account of the seller. If that price is not available, the cost of the cargo determines based on the average price of the similar goods that were present at the place of receiving the cargo on the day of voluntary agreement of such requirement, or if the requirement has not been voluntary satisfied, in day of a judgment.
7. The cargo is considered lost if it has not been returned after thirty days from the date of expiration of the delivery terms, specified in the contract. If delivery terms are not specified in the contract, cargo considered lost after reasonable term necessary for delivery of a cargo and estimated from the date of receiving the cargo for transportation by the forwarding agent. The cargo which has been delivered, but has not been returned to the addressee or authorized person specified in the contract, do to non-payment of the fees due to the forwarding agent, is not considered lost, if the forwarding agent has notified the client in timely manner of the completion of forwarding services specified in the contract.
Section 8. Notification of loss, shortage or damage of a cargo
1. If the addressee or authorized party, specified in the contract have not notified the forwarding agent in writing of existing loss, shortage or damage of a cargo at the time of receiving delivered cargo, it is considered, that they have received a cargo intact.
2. In case if loss, shortage or damage of a cargo could not be established at the time of receiving a cargo, such notification can be made not later than thirty calendar days from the date when a cargo was received. Notification date is considered to be the date when the forwarding agent received such notice..
Section 9. The bases and the amount of the responsibility of the forwarding agent for violation of term of realization of obligations, specified in the contract of transport expedition
1. The forwarding agent will compensate the losses, caused by violation of term of realization of obligations specified in the contract, unless the forwarding agent proves to the client, that violation of term has been caused by force of nature circumstances or fault of the client.
2. If the client was using services of the forwarding agent for personal, family, or other needs, that are not related to his business, and deadline for realization of obligations, specified in the contract was violated, the forwarding agent mast pay to the client for every day of delay (uncompleted day considers as a full day) or hour (if terms are specified in hours). The penalty rate should be 3%t, but no more than 80 % of the sum of a contract price. Forwarding agent will also compensate to the client the losses, caused by violating deadlines of the contract, unless forwarding agent proves, that violation has been caused by force of nature circumstances or fault of the client.
Section 10. The bases and the amount of the responsibility of the client before the forwarding agent
1. The client will be responsible for the losses, caused to the forwarding agent associated with providing incomplete or incorrect information, specified in the current Federal law.
In case of client’s unreasonable refusal of payment for expenses caused to the forwarding agent while he was executing contract agreement, the client must pay to the forwarding agent an additional fee at a rate of 10 % of the sum of original penalty.
2. The client will be responsible for the losses, caused to the forwarding agent associated with providing incomplete or incorrect information, specified in the current Federal law. In case of client’s unreasonable refusal of payment for expenses caused to the forwarding agent while he was executing contract agreement, the client must pay to the forwarding agent an additional fee at a rate of 10 % of the sum of original penalty.
Section 11. Agreement to change the amount of responsibility of the forwarding agent
1. In the contract of transport expedition the higher amount of the responsibility by the forwarding agent could be set in comparison with the established amount in the current Federal law or the international agreement of the Russian Federation
2. In the contract of transport expedition the higher amount of the responsibility by the forwarding agent could be set in comparison with the established amount in the current Federal law or the international agreement of the Russian Federation.
Chapter 4. Complains and claims
Section 12. Complains and the claims, against the forwarding agent
1. It is required to submit a complaint before filling a claim against the forwarding agent, as specified in the contract, except when filling a claim associated with the services provided by the forwarding agent for personal, family or other needs that are not business related.
2. Parties who have the rights to submit a complaint or file a claim against the forwarding agent are: the client or authorized by him representative, the addressee of a cargo specified in the contract, and also the insurer.
3. The complaint should be submitted in written form. Complaints for loss, shortage or damage of a cargo should be accompanied by the original or notarized copies of documents confirming the right on presentation of the complaint, confirming quantity and cost of the sent cargo.
4. Complaints against the forwarding agent must be submitted within six months from the date when the right to presentation of the claim occurred. The specified term is applicable when: requesting a compensation for loss, shortage or damage of a cargo from the following day after the date when cargo should be delivered;
вrequesting a compensation for client’s expenses caused by not meeting a deadlines of the contract from the following day of the expiration day of the contract, unless specified otherwise; violation of other obligations, specified in the contract of transport expedition, from the date when parties, specified in part 2 of this Section, have discovered of such violations.
5. The forwarding agent is obliged to accept the complaint and to notify the applicant in writing, if the client’s complain will be satisfied or denied within thirty days from the complaint’s receiving date.
When granting or denying complaint by forwarding agent, basis of the decision must be provided to the applicant. In this case all documents presented together with the complaint will be returned to the applicant.
6. The forwarding agent has the right to accept client’s complaint after the term established in this section, if a valid reason for a delay is identified.
Section 13. Limitation of actions
As specified in the contract of transport expedition, the time to file a claim is limited to one year after the date when the rights to file a claim have occurred.
Section 14. Effective date of the current Federal law
1. Effective date of the current Federal law begins from the date of its official publication.
2. Under the obligations associated with providing of forwarding services which occurred prior the date when the current Federal law comes in to effect, specifications of the current Federal law are applied to those rights and duties which will arise after its effective date.
The president of the Russian Federation
V.V. Putin