Sample contract for courier services
AGREEMENT NO..... for the provision of courier services in Almaty on July 11, 20.
LLP ".......", renamed into the Far Eastern "executor", represented by the General Director, Mr. .............., acting on the basis of the Charter, on the one hand, of the same company ".....", referred to in the Far East as the "customer", represented by the Director...... acting on the basis of the Charter, on the other hand, collectively referred to as the "supporters", have concluded this Agreement on the subordinate:
Subject agreement
1.1. The Contractor, on behalf of the Customer, delivers documents, parcels and other goods (in the far east – "Shipments") to the cities of the Republic of Kazakhstan, the Commonwealth of Independent States and non-CIS countries, i.e. throughout Russia they are covered by the Pony Express network.1.2. The Customer undertakes to pay for the contractor's services specified in clause 1.1. in this agreement, in accordance with the procedure and on the terms stipulated in this agreement.
Obligation of the parties
The contractor is obliged to:2.1.1. to receive shipments; 2.1.2. to ensure the timely (during the working day) arrival of the courier to the Customer; 2.1.3. to ensure the transportation and delivery of shipments to representatives of recipient organizations at the addresses specified by the Customer; 2.1.4. to take all necessary measures to ensure the safety of shipments from the moment of their receipt until the moment of contacting the addressee; 2.1.5. at the request of the customer, the latest necessary information about the time of delivery of the shipment is provided, as well as certain information provided by the contractor's service; 2.1.6. to inform the Customer of all changes in the contractor's tariffs no later than ten calendar days before the expected changes; 2.1.7. to maintain confidentiality of messages; 2.1.8. strict compliance with the terms of this Agreement and the guidelines for courier services of Pony Express LLP.2.2.
The customer is obliged to:2.2.1. to ensure access of executive authorities to the customer's territory for acceptance of shipments; 2.2.2. not to pack envelopes and parcels in the absence of an employee of the executive body; 2.2.3. are responsible for the correctness and accuracy of the data specified in the consignment note; 2.2.4. not to allow the transportation of items prohibited by the legislation of the Republic of Kazakhstan and the manual on courier services the contractor;2.2.5. in the event that any claims/claims related to sending a request to the customer are brought against the Contractor by third parties from the state, the state is responsible for such claims/claims; 2.2.6. fully compensate the Contractor for losses incurred by the latter as a result of the Customer's violation of clause 2.2.4. of this Agreement; 2.2.7. strict compliance with the terms of this Agreement and the guidelines for courier services of Pony Express LLP.2.2.8. in case of a change in the actual address, bank details and contact phone numbers, the customer is obliged to inform the contractor in writing within 1 (one) business day after the change.III. The order of calculations
Payment for services by the customer under this agreement is made on the basis of an invoice issued by the contractor 2 (two) times a month within 5 (five) business days from the moment the contractor presents the invoice to the customer.
Responsibility of the parties
4.1. The Contractor is responsible to the Customer in case of loss or damage of a parcel up to 100 kg. Over the network, the contractor is charged in the amount of the cost of the actual damage, but not more than 7,500 (seven thousand five hundred) tenge, including the tariff for courier delivery. In case of loss or damage of more than 100 kg, the Contractor is liable in the amount of the actual damage to the sender, but not more than 75,000 (seventy-five thousand) tenge, including the tariff for cargo delivery. If the shipment is assessed as “valuable” and has a value greater than the limited liability of the contractor, the customer announces the cost of the shipment by entering these costs in the “declared cost” column, while the customer pays an additional insurance fee in the amount of 1% of the declared value of the shipment plus VAT.
If the Customer has not stated the cost of the shipment and an additional insurance fee has not been set, then these shipments may be assessed as “valuable”. In all cases, the contractor is responsible for sending the parcel in order to preserve the integrity of the package.4.2. In case of violation of the contractual delivery time due to the contractor's fault, the Contractor reduces the tariff for courier services provided by 0.3% for each day of delay, but not more than 3% of the total cost of the overdue shipment delivery service.4.3. In case of full or partial non-payment of the invoice by the Customer within the period specified in clause 3.1. of this Agreement, more than within five banking days from the date of the obligation to pay, the Contractor reserves the right to charge a penalty in the amount of 0.3% of the invoice amount for each day of late payment, but not more than 3% In this case, penalties may be accrued from the total amount of the payment from the moment when the obligation to pay the debtor has been fulfilled by the customer.4.4. When paying off a given length according to the meter, the following repayment scheme is applied: due to which penalties are repaid, and due to which the main wave is repaid.4.5. The Contractor is released from liability for delayed delivery or non-delivery of the shipment in the event:- if the customer indicated the full address of the recipient of the shipment;- if the customer indicated the index of the recipient of the shipment on the consignment note4. 6. The contractor is not responsible for the safety of the contents of the shipment, if these contents are prohibited for shipment in accordance with the contractor's courier services manual and the current legislation of the Republic of Kazakhstan.
Force majeure
5.1. The Parties are released from liability for violation of the terms of this Agreement if it resulted from circumstances of force majeure (force majeure), namely: fires, floods, earthquakes, military operations, blockades, any prohibitive measures of government agencies, coups d'etat, strikes, as well as other circumstances led to reasonable control parties.5.2. Force majeure refers to any events caused by intentional actions of the Customer or Contractor.The duration of the agreement.1. This Agreement comes into force from the moment of its signing by both parties and is valid for one year.6.2. The Agreement may be terminated prematurely on the initiative of either party. At the same time, the parties initiating early termination of the agreement are obliged to notify the other party in writing about their intentions 30 days before the date of the expected termination.6.3. If after the expiration of the period specified in clause 6.1. The Parties have not sent any claims or notifications to each other, this Agreement is considered extended for a new period on the same terms.6.4. All notifications are considered to have been sent properly, if there is a written confirmation from the other party that the notification has been received, otherwise the notifications are considered not to have been sent.6.5. The Agreement remains in effect, including in case of early termination, until the parties fully fulfill their financial obligations.
VII. Additional conditions7.1. This Agreement is drawn up in Russian in 2 copies having a single legal force.7.2. The Agreement may be amended and/or supplemented by the decision of the parties. Any changes and/or additions are made in writing, signed by authorized representatives of the parties and are an integral part of the agreement.7.3. All disputes arising out of or about this Agreement shall be resolved by agreement of the parties.7.4. If the parties do not reach an agreement between themselves, the dispute is referred to the judicial authorities in accordance with the legislation of the Republic of Kazakhstan.7.5. Assignment of rights and obligations under this Agreement is allowed only with the written consent of the other party, and provided that the new party guarantees full compliance with the terms of this Agreement.
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