Beruflich Dokumente
Kultur Dokumente
Transport Contract Model
Transport Contract Model
It is hereby recorded the Land Freight Transportation Contract entered into by xxxxxxxx identified with
RUC xxxxxxxx, represented by its General Manager xxxxxxxx, identified with DNI xxxxxxxx, hereinafter
referred to as "THE COMPANY"; and the other party, xxxxxxxxServicios Generales E.I.R.L., with RUC No.
xxxxxxxx, represented by its General Manager Mr. xxxxxxx, identified by DNI No. xxxxxxxx, ACCORDING
TO THE MANDATE REGISTERED IN FICHA N° XXXXXX OF THE REGISTRY OF LEGAL PERSONS OF LIMA, both
domiciled in Calle Jamaica No. xxx Urbanización xxxxxxxx, La xxxx, hereinafter referred to as "THE
CARRIER", under the following terms and conditions:
FIRST: Background
1.1. The CARRIER is an Individual Limited Liability Company that is duly incorporated and registered in
the Partida No. xxxxxxxx of the Registry of Legal Entities of the Public Registry of Lima, and
whose corporate purpose is to carry out transportation activities, among others. For such purpose,
CARRIER declares that it has all the permits, licenses and authorizations required by law to perform
such activity.
1.2. THE COMPANY has as its corporate purpose the representation of --------------------------------, as well
as the distribution and export of articles -----------------, needs the services of a carrier to transport
its products within the area of Metropolitan Lima .
By the present contract DOCUMENT, AND PURSUANT TO THE PROVISIONS OF ARTICLE 1755 AND
FOLLOWING ARTICLES OF THE CIVIL CODE, THE COMPANY AGREES to hire the services of THE CARRIER
to transport, whenever requested, its merchandise from its warehouses at ALBO S.A. - Lurin, to the
place where THE COMPANY will indicate in writing on each occasion in exchange for the payment of a
freight charge.
THIS SERVICE MUST BE PROVIDED IN AN INDEPENDENT AND AUTONOMOUS MANNER, ASSUMING THE
RISKS INHERENT TO THE ACTIVITY, SINCE IT HAS AN ADEQUATE AND PERMANENT ORGANIZATION TO
CARRY OUT ITS TRANSFER AND TRANSPORTATION ACTIVITIES.
3.1 Transport the COMPANY 's merchandise whenever requested to do so to the place indicated by
the COMPANY;
3.2 Use vehicles according to the needs of the Company.
In order to carry out the transportation of the goods required by THE COMPANY, THE CARRIER
shall at all times maintain INSURANCE AGAINST THIRD PARTIES for the units and be protected
against any accident;
3.3 To carry out the transportation through duly qualified drivers, who must comply with the
maximum driving day, as well as with the obligations established by the law on the matter;
3.4 To carry out the loading, transportation and delivery of the goods in a proper, safe, efficient and
timely manner and in a manner that complies with the requirements, standards and procedures
established by THE COMPANY and indicated from time to time to CARRIER;
3.5 The vehicles must be owned by the freight transportation company, or subcontracted, who will be
legally registered with the carrier, in all cases will be duly authorized to operate as such, in
properly equipped vehicles and in good working order, driven by people who have the
appropriate license for the units they drive.
3.6 In addition to the driver, the vehicle must have an assistant of the COMPANY. The goods and the
vehicle must not remain unattended at any time, even when receiving or delivering goods.
3.7 The goods must be transported in van-type vehicles.
3.8 The contracted carrier shall carry out the transfer in its own or subcontracted vehicles.
3.9 During the transfer of the merchandise, it should not stay overnight in temporary warehouses.
3.5 To provide the transportation service whenever THE COMPANY requests it from Monday to
Saturday.
3.6 Comply with all legal obligations related to transportation, as well as those applicable to the
operation of vehicles, especially those regarding vehicle weight and dimensions allowed for
circulation on the national road network. Consequently, CARRIER shall comply with the provisions
in force regarding vehicle weight and dimensions and shall obtain the authorizations required to
carry out the transportation subject of this contract;
3.7 THE CARRIER undertakes to transport and deliver the goods within the scheduled day, following
the route previously established by THE COMPANY.
4.1 Deliver to THE CARRIER and THE COMPANY 's assistant the necessary documentation (waybills
and other documents) clearly identifying the goods transported, including their weight or volume;
4.2 Grant the necessary facilities to CARRIER for the performance of the obligations assumed under
this contract;
4.3 Comply within the term established in this contract with the cancellation of the amount owed to
CARRIER for freight.
The consideration agreed upon by mutual consent of the parties for each transportation of goods
requested by THE COMPANY to CARRIER under the following contract is as follows:
5.1 COST OF SERVICE
Additional Costs:
5.2. Additional Costs after the hours indicated above: Cost for an additional hour is the daily value
between the hours worked plus General Sales Tax. Additional cost per kilometer for vans S/1.00
Nuevos Sol plus General Sales Tax;
5.3. Expenses such as tolls, parking, car rental, etc. will be paid by the Company.
THE COMPANY undertakes to cancel the service rendered by THE CARRIER seven (7) days after the
corresponding invoice is presented, which invoice shall be issued in accordance with the law and shall
include the corresponding General Sales Tax, in each case.
The term of this contract is indefinite and shall be effective as of the date of signature of this contract
and may be terminated by either party with a notice sent to the other party fifteen (15) days in advance.
NINTH: Penalties
9.1 In the unlikely event that CARRIER fails to deliver the goods transported within the term and
under the conditions established in this contract and by COMPANY, CARRIER shall pay COMPANY
a penalty equivalent to 1% of the value of the freight for each day of delay in the delivery of the
goods;
9.2 On the other hand, THE COMPANY shall be liable for a penalty equal to 1% of the value of each
invoice due for each day of delay in the payment of the invoice submitted for collection by the
CARRIER, after the expiration of the term referred to in the preceding clause.
THE COMPANY shall maintain in force during the term of this contract a Merchandise Insurance Policy
covering the total or partial loss of the merchandise transported for any reason whatsoever.
It will also assume the expenses of the deductible.
Eleventh: Resolution
The parties agree that the breach by CARRIER of any of the obligations established in its favor in
paragraphs 3.1, 3.2, 3.3, 3.4, 3.5, 3.6 and 3.7 of Clause Three above shall be grounds for termination by
operation of law pursuant to the provisions of Article 1430 of the Civil Code.
TWELFTH: Supplicability
In all matters not provided for in this contract, the provisions of the General Transportation Law, its
regulations and the rules of the Civil Code in force shall be supplementary.
THIRTEENTH: Jurisdiction
Both parties agree that any controversy arising from the interpretation and execution of this contract
shall be subject to the Jurisdiction and Competence of the Courts and Tribunals of Cercado de Lima.
FOURTEENTH: Addresses
The parties indicate as their domiciles those indicated in the introduction of this contract, where all
notifications and communications shall be deemed to have been made, any change of domicile must be
communicated to the other party through a notary not less than 15 calendar days prior to the date of
the change of domicile.
In sign of conformity both parties sign the present contract in two copies on the ---- days of the month
----------------- of 2015 2016.
------------------------------------------- --------------------------------------
THE CARRIER THE COMPANY