Contract for the provision of services for the evacuation and transportation of vehicles. Agreement for the evacuation of a vehicle Standard agreement for the evacuation of a vehicle
1. THE SUBJECT OF THE AGREEMENT
1.1. On the instructions of the Customer, the Contractor provides services for the transportation (hereinafter referred to as Evacuation) of vehicles, hereinafter referred to as the “TC”, owned by the Customer.
1.2. In the context of this Agreement, "evacuation" means the performance by the Contractor of the following actions:
- departure and arrival of the Contractor's tow truck intended for transportation of the Vehicle to the place specified by the Customer;
- loading the Customer's vehicle onto the tow truck platform using a winch mechanism from the road surface or adjacent territory;
- transportation and delivery of the Customer's vehicle on the tow truck platform to the destination, which is indicated to the Contractor's dispatcher by the Customer;
- unloading the Customer's vehicle from the tow truck platform onto the roadbed or adjacent territory.
1.3. The evacuation of the Vehicle, taking into account the provisions of clause 1.2 of this Agreement, also implies the provision on the part of the Customer and at his expense of the possibility of unhindered access of the tow truck to the location of the Vehicle to be evacuated, as well as to the place of unloading of the evacuated Vehicle. If non-compliance with the provisions of paragraph 1 of this paragraph will lead to the impossibility of carrying out loading and unloading operations, then the Contractor has the right to refuse to provide evacuation services declared by the Vehicle, while retaining the right to pay the agreed cost by the Customer. The evacuation of the vehicle can be carried out by the Contractor in the event that the access to the location of the vehicle to be evacuated is difficult. At the same time, the Contractor has the right to demand payment by the Customer of additional costs in accordance with the tariffs for evacuation services, hereinafter referred to as "tariffs".
1.4. An application for the evacuation of a vehicle damaged as a result of a road traffic accident is accepted only after the registration of an accident by the traffic police in the manner prescribed by law (an Accident Notice must be filled out, a certificate of participation in an accident and a protocol issued).
1.5. Evacuation is carried out if the accompanying person has an identity document, a vehicle registration certificate, a waybill (in cases established by the Law), an OSAGO insurance policy and a power of attorney for the right to perform such actions with the vehicle.
1.6. Services are provided around the clock, every day, including weekends and holidays.
1.7. Request for evacuation.
1.7.1. An application for evacuation is made by the Customer at least one hour before the start of the provision of services, and is considered accepted by the Contractor after the Contractor has informed the Customer about the possibility of executing the application. In exceptional cases, more urgent orders may be accepted for execution at the discretion of the Contractor, if it is possible to fulfill them.
1.7.2. In order for the Contractor to fulfill the application for evacuation, the Customer is obliged to provide the following information:
- surname, name, patronymic of the responsible person transmitting information on the order;
- surname, name, patronymic of the person authorized to transfer and receive the vehicle after its actual unloading from the tow truck;
- brand, model, color, registration number of the vehicle, type of gearbox;
- major damage, malfunctions that prevent the movement of the vehicle under its own power;
- location of the vehicle to be evacuated, exact address;
- place of delivery of the vehicle to be evacuated, exact address;
- the presence and nature of difficulties at the entrance to the place of evacuation of the vehicle.
1.8. Services for the evacuation of vehicles are carried out on the territory of the Russian Federation.
1.9. The Contractor has the right to provide the services specified in clause 1.2 of this Agreement personally or to involve third parties in the performance of its duties. Responsibility for the activities of third parties involved in the execution of this Agreement shall be borne by the Contractor.
1.10. Contractor's contact information: .
1.11. Contact information of the Customer: .
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Contractor undertakes:
2.1.1. Qualitatively, in a timely manner, in accordance with the terms of this Agreement, provide services for the evacuation of the Customer's vehicle.
2.1.2. After accepting the application for evacuation, submit a serviceable tow truck to the place specified in the application or agreed by the Parties, no later than one hour from the moment the application was accepted for execution within the city, and at the rate of 1 hour for every 30 km of run - outside the city. In the event of traffic congestion, the Contractor informs the Customer about the increase in the time required for the delivery of a tow truck. The contractor is not responsible for being late to the place of evacuation.
2.1.3. When leaving upon request, take all reasonable measures to locate the Customer's vehicle. If the vehicle cannot be found at the specified address, contact the Customer's contact person, clarify the initial data and agree on further actions.
2.1.4. Ensure round-the-clock operation of the dispatch service.
2.1.5. Ensure the safety of the Vehicle during the evacuation (from the beginning of loading the Vehicle onto the platform of the Contractor's tow truck, until the end of its unloading from the tow truck onto the roadbed or adjacent territory). The Contractor undertakes to immediately inform the Customer and declare to the authorities (traffic police, police) authorized to investigate the relevant incident about cases of damage or theft of the Customer's vehicle during its evacuation. In case of damage to the Customer's vehicle, ensure that a protocol (act) is drawn up containing the name, address and telephone number of the guilty party, a list of damage to the Customer's vehicle.
2.1.6. Issue invoices to the Customer, sign Certificates of services rendered, in the manner and within the time limits established by this Agreement.
2.2. The customer undertakes:
2.2.1. Send the Applications to the Contractor in the prescribed form, on time, as well as other information necessary for the provision of services.
2.2.2. Ensure the possibility of constant communication between the Contractor and the Customer's contact person by phone from the moment the application is accepted until the order is fully completed.
2.2.3. Timely pay in full for the services rendered in accordance with the terms of this Agreement.
2.2.4. Sign Acts on the rendered services drawn up on the basis of the approved information on the services rendered to the Customer.
2.2.5. Not later than calendar days, notify the Contractor in writing of all shortcomings identified in the process of providing services. Failure to notify or improper notification deprives the Customer of the right to refer to them in the future.
3. PRICE OF THE CONTRACT, PAYMENT PROCEDURE AND REPORTING
3.1. Tariffs are agreed by the Parties and are defined in Appendix No. 2 to this Agreement. The cost of services not specified in section 1 of this Agreement is negotiated by the Parties separately in each specific case.
3.2. Changes in tariffs can be made by the Contractor unilaterally with the obligatory notification of the Customer.
3.3. The reporting period under this Agreement is one month. On a monthly basis, before the day of the month following the reporting month, the Contractor provides the Customer with an invoice, the Certificate of Services Rendered (the form of the Certificate is set out in Appendix No. 1 to this Agreement), dated by the last day of the reporting month. The Contractor issues an invoice for payment based on the volume of actually rendered services, on the basis of the Certificate of Services Rendered.
3.4. The Customer, no later than working days after receiving the documents specified in clause 3.3 of this Agreement from the Contractor, signs the Certificates of services rendered and sends the Certificate to the Contractor or a reasoned refusal to sign it.
3.5. Payment by the Customer for the services rendered is made within banking days after receipt of invoices, on the basis of the signed Acts on the services rendered. Under this Agreement, the day of payment is the day of debiting funds from the Customer's settlement account to the Contractor's settlement account.
3.6. Mutual settlements upon expiration or early termination of this Agreement are made within banking days from the date of termination of the Agreement, on the basis of the Reconciliation Report of Mutual Settlements.
4. RESPONSIBILITIES OF THE PARTIES
4.1. For non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the provisions of this Agreement and the current legislation of the Russian Federation.
4.2. For delay in payment under this Agreement, the Customer shall pay a penalty in the amount of % of the amount to be transferred for each day of delay in payment on the basis of a written claim.
4.3. In case of a false call, the Customer shall pay a fine in the amount established in the Tariffs.
4.4. Payment of the penalty does not release the Parties from the proper performance of their obligations under this Agreement.
5. FORCE MAJOR
5.1. The Parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement, if this failure was the result of circumstances caused by force majeure that arose after the conclusion of the Agreement as a result of extraordinary events that the relevant party to the Agreement could neither foresee nor prevent available to it. reasonable measures. Such emergency events in the context of this Agreement include: flood, fire, earthquake, explosion, storm, subsidence of the soil, epidemics and other natural phenomena, war, hostilities, the introduction of a state of emergency or martial law in the relevant territory, changes in legislation or other regulatory acts regulating the terms of this Agreement, other events that could not be prevented by the forces and means at the disposal of the Parties.
5.2. The Party for which the events of an extraordinary nature have developed is obliged, within a reasonably short period of time, not exceeding days, to notify the other Party of the occurrence, expected time of action and the end date of the said events, attaching a certificate from the relevant state body on the fact of the occurrence of the events of an extraordinary nature. In the absence of timely notification of the occurrence of events of an emergency nature, the guilty Party is obliged to compensate the other Party for the losses caused by non-notification or untimely notification.
5.3. The occurrence of circumstances caused by force majeure entails the extension of the term of this Agreement for the period of validity of these circumstances.
6. TERM OF THE CONTRACT
6.1. This Agreement shall enter into force from the moment of its signing by authorized representatives of the Parties, and is valid until "" 2020, while the provisions of this Agreement apply to the relations of the Parties arising on the basis of the Agreement and not fulfilled at the time of its termination.
6.2. If not later than calendar days before the expiration of this Agreement, none of the Parties requires its termination, this Agreement shall be deemed extended for one year on the same terms.
6.3. This Agreement may be early terminated by agreement of the Parties and on the grounds provided for in this Agreement.
6.4. Each of the Parties has the right to refuse to execute this Agreement by notifying the other Party in writing no later than calendar days before the expected day of early termination. At the same time, the Parties are obliged to make all necessary mutual settlements on the day of termination of this Agreement, taking into account the actually rendered services.
7. FINAL PROVISIONS
7.1. All disputes and disagreements that may arise during the execution of this Agreement, the Parties shall endeavor to resolve through negotiations. If it is impossible to resolve the dispute through negotiations, the Parties apply for its resolution on the merits to the Arbitration Court of the city in accordance with the current legislation of the Russian Federation.
7.2. All terms of this Agreement, as well as the content of the negotiations of the Parties in the course of its implementation, are confidential and are not subject to disclosure by the Parties, except as otherwise provided by the legislation of the Russian Federation.
7.3. Neither Party has the right to transfer its obligations under this Agreement to third parties without the written consent of the other Party.
7.4. All changes and additions to this Agreement have equal legal force and are an integral part of it if they are executed in writing and signed by authorized representatives of the Parties.
7.5. Any of the Parties has the right at any time to apply to the other Party with a request to reconcile mutual settlements, the refusal of which is regarded as a material violation of the terms of this Agreement. In case of early termination of the Agreement, regardless of the reasons for termination, as well as after the expiration of this Agreement, regardless of its prolongation, reconciliation of mutual settlements between the Parties is mandatory.
7.6. This Agreement is made in two original copies, each of which has equal legal force, one for each Party.
Please note that the contract of carriage was drawn up and checked by lawyers and is exemplary; it can be finalized taking into account the specific terms of the transaction. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with the requirements of the legislation of the Russian Federation.
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How to deliver vehicles to the place of repair if the malfunctions appeared while driving or after a traffic accident?
Delivery of the vehicle is carried out by specialized companies on a special vehicle - a tow truck. To receive the evacuation service, it is required to conclude an appropriate contract.
In what cases is it necessary
An agreement for the provision of evacuation services is concluded if:
- during the use of the car, malfunctions were detected, the movement of which is prohibited by the rules;
Such malfunctions include: problems with steering, with the brake system (with the exception of the parking brake), with a faulty coupling device if the car is part of a road train.
- during the operation of the car, other problems were found that preclude the possibility of further independent movement. For example, a wheel is punctured;
- the vehicle cannot move on its own after the accident.
Forced evacuation, which is carried out by law enforcement agencies in the event of violations by the driver, is carried out without a preliminary contract. In this situation, the protocol is the main document.
Between whom is
The evacuation contract is concluded between:
- a specialized firm providing the relevant services (contract executor);
- the owner of the vehicle (customer of the contract), regardless of its legal status (legal or natural person).
In addition to the car owner, the following have the right to conclude an evacuation agreement:
- the driver of the car, which is indicated in the contract for;
- representative of the owner of the car, acting on the basis of a written power of attorney.
Conditions of the contract of evacuation of the vehicle
The main terms of the contract for the evacuation of vehicles are:
- The subject of the contract is the provision of evacuation services, which include:
- arrival of a special vehicle - a tow truck belonging to the contractor at the place indicated by the customer when making the application;
- loading vehicles onto the tow truck platform. As a rule, the method of loading the car is determined at the place of provision of the service, but it can also be agreed in advance;
- delivery of vehicles to the specified place (repair shop, parking lot, etc.);
- unloading the car at the place specified by the customer of the service.
- Rights and obligations of the executor of the contract (the company providing evacuation services):
- the company must work around the clock to provide the necessary assistance as soon as possible. Reception of applications for the movement of a vehicle is carried out by the dispatcher of the organization by phone, through the feedback form on the website or in person (pre-registration);
- timely supply of evacuation vehicles. As a rule, when providing a service within a settlement, a tow truck is delivered within 1 hour, and outside the city, the delivery time for specialized transport is determined based on the distance to the location of the car (1 hour is allotted for every 30 km);
- the company undertakes to ensure the safety of the evacuated vehicle during the implementation of the entire list of required work (loading, unloading, moving, and so on);
- for the work done, the evacuation company has the right to issue an invoice to the customer for payment for the services rendered. The cost of services is determined by the rules of the company and is negotiated at the stage of concluding a contract.
- Rights and obligations of the customer of the contract:
- timely notification of the contractor about the need to evacuate the vehicle. The waiting time for specialized transport starts counting only after the receipt of an application from the customer;
- provide the contractor with all the information necessary for proper transportation: about the scene of the incident, about existing breakdowns, about the condition of the car, if the evacuation is carried out after a road accident, and so on;
- make timely payments for services rendered. Details for paying the bill are indicated in the contract as additional information. You can make a payment in any way convenient for the customer: through a bank, ATMs or terminals, online, and so on.
- The cost of the contract. If the evacuation of a car is a one-time service provided by a specialized company (for example, after), then the customer pays in accordance with the company's approved tariffs (as a rule, tariffs are an annex to the contract). If a service agreement is concluded between the car owner and the company, including evacuation (for example, during registration), then payment for services is made in accordance with the rules established by the main agreement.
- Terms of payment for the services rendered by the tow truck. If the payment by the customer is not made within the specified period, then the contractor has the right to increase the cost of services by applying penalties (accrual penalties).
- Force majeure circumstances, which include:
- fire;
- earthquake;
- flood;
- explosion;
- storm;
- conducting military operations;
- soil subsidence;
- epidemics;
- changes made to the current legislation and so on.
- The duration of the agreement to be executed. When concluding a one-time contract, the validity period of the document ends immediately after the parties fulfill all the obligations stipulated by the document.
When concluding a long-term contract, the validity period is chosen by the parties independently and is indicated in the document.
For the provision of services under the current contract, a preliminary application is required in person or by phone (with subsequent written registration).
The application must indicate:
- the name of the contractor and the customer (if the customer is an individual, then the full name, address of registration and contact phone number are indicated);
- distinctive characteristics of the vehicle requiring evacuation: make, model, state number, and so on, as well as a description of the location of the vehicle (approximate address) and the delivery address of the vehicle;
- additional information about the nature of the damage, the reasons for the impossibility of moving the car on its own, and so on.
- details of the customer and contractor;
- date of evacuation of the vehicle;
- service cost.
- evacuation rules on the basis of which the performer works. The rules reflect the procedure for carrying out loading and unloading operations, moving the vehicle on the platform of which the car is located, and so on;
- the company's tariffs that determine the cost of the services provided by the contractor;
- the application form received from the customer and the act on the work performed by the contractor.
After the provision of services, the company draws up an act that is the basis for payment. The document states:
The act is signed by both parties if the evacuation customer has no complaints about the quality of the services provided.
Any contract, including the provision of towing services, is supplemented by various appendices.
The annexes to the agreement in question are:
How to fill out
The contract for the provision of services for the evacuation of a vehicle is drawn up by the company's lawyers and has a standard form.
When concluding a contract, it is important to correctly reflect:
- Details of the customer (full name and name of the legal entity, address, contact numbers, full name and position of the representative, and so on).
- All the main terms of the agreement: cost, payment procedure, waiting time after the application, and so on (filled in the relevant sections of the document).
- Details of the parties.
- Signatures of the parties.
Responsibility of the parties
The contract for the provision of services for the evacuation of a motor vehicle also assumes the responsibility of the parties, which occurs in the event of non-fulfillment or improper fulfillment of the main conditions of the concluded agreement.
According to this paragraph:
- The contractor is responsible for:
- the safety of the vehicle and the safety of property in the car during evacuation (including equipment installed on the car additionally). If, as a result of loading and unloading operations or transportation, the car or any other property belonging to the car owner (driver) was damaged, then the company pays compensation in full (according to the assessment);
- proper evacuation. Each company works according to well-defined rules that describe in detail the procedure for loading, transporting and unloading a vehicle. Deviation from the developed rules entails the imposition of penalties.
- The customer is responsible for:
- delay in payment of the cost of services rendered. In case of delay, additional penalties are imposed on the customer, increasing the total amount of the debt;
- authenticity of the submitted application. A false call to a tow truck is punishable by penalties.
By a false call, most companies mean:
- refusal of the application less than 60 minutes before the time appointed by the performer/customer;
- the absence of the customer in the place specified by the application;
- indication in the application of an incorrect address of the location of the vehicle to be evacuated.
How disputes are resolved
If any disagreements arise between the parties during the execution of the contract, the following settlement procedure is provided:
- through negotiations. A party that does not agree with the actions of the other party may submit a written claim, which, in accordance with the legislation of the Russian Federation, must be considered within 30 days;
- with the help of the court. If the claim is left without consideration or the response received does not satisfy the parties to the contract, then the customer/executor has the right to file a claim with the court.
As a rule, such disputes are considered by the arbitration court at the place of registration of the defendant.
To file a claim, it is necessary to collect a package of documents explaining the essence of the claim, the response received and containing the evidence base. The decision of the court is binding on the parties to the contract.
Moscow "____" _______________ 2017
Business Group LLC, represented by _______________, acting on the basis of _______________, hereinafter referred to as the Contractor, on the one hand, and _______________, hereinafter referred to as the Customer, on the other hand, have entered into this Agreement as follows:
1. THE SUBJECT OF THE AGREEMENT.
1.1. The Contractor undertakes, on the instructions of the Customer, to provide him with transportation services for the following vehicle owned by the Customer:
- Brand: _______________
- State. Number: _______________
- VIN (identification number): _______________
- Color: _______________
- Engine Model/No.: _______________
- Certificate of state registration of the vehicle: _______________,
1.2. Departure point: _______________
1.3. Destination: _______________________________________________
1.4. The cost of the Contractor's services under this agreement is the amount in rubles in the amount of _______________ rubles.
1.5. Payment for the services of the Contractor for transportation is made by the Customer in the following order:
- 50% of the cost of services specified in clause 3 of the Agreement is paid by the Customer at the time of signing this Agreement;
- the remaining 50% - are paid upon the fact of services rendered under the Contract immediately at the moment of transfer of the Vehicle to the Customer at the destination.
1.6. The Agreement comes into force from the moment of its signing by the Parties.
1.7. During transportation, the customer's car is insured in _______________ in the amount of 3,000,000 (three million) rubles. Policy No. _______________
1.8. The Agreement is made in two copies, having the same legal force - one for each of the Parties.
1.9. Contractor's contact information:
phone fax: _______________ ;
website: www.site1.10. Customer contact information:
The contact person: _______________ ;
phone: _______________ ;
E-mail address: _______________2. RIGHTS AND OBLIGATIONS OF THE PARTIES.
2.1. The Contractor undertakes:
2.1.1. Qualitatively, in a timely manner, in accordance with the terms of this Agreement, provide services for the evacuation of the Vehicles of the Clients of the Customer.
2.1.2. After accepting the Application for evacuation, submit a serviceable Tow Truck to the place specified in the Application or agreed by the Parties, no later than 2 hours from the moment the Application was accepted for execution within the Moscow Ring Road (in the absence of traffic congestion), and at the rate of 1 hour for every 40 km of run - outside the Moscow Ring Road. In case of traffic congestion, the Contractor informs the Customer about the increase in the time required for the delivery of the Tow Truck. The contractor is not responsible for being late to the place of evacuation.
2.1.3. When leaving upon request, take all reasonable measures to locate the Client's vehicle. If the vehicle cannot be found at the specified address, contact the Customer's contact person, clarify the initial data and agree on further actions.
2.1.4. Ensure round-the-clock operation of the dispatch service.
2.1.5. Ensure the safety of the Vehicle during evacuation (from the beginning of loading the Vehicle onto the Contractor's Tow Truck until the end of its unloading from the Tow Truck onto the roadbed or adjacent territory).
The Contractor undertakes to immediately inform the Customer and declare to the authorities (traffic police, police) authorized to investigate the relevant incident about cases of damage or theft of the Client's vehicle during its evacuation. If the Client's Vehicle is damaged, ensure that a protocol (act) is drawn up containing the name, address and telephone number of the guilty party, a list of damages to the Client's Vehicle.
2.1.6. Not later than the last day of the reporting month, prepare and send to the Contractor for approval an act on the services rendered for the past reporting period.
2.1.7. Issue invoices to the Customer, sign Certificates of services rendered, in the manner and within the time limits established by this Agreement.
2.1.8. To draw up acts of work performed for mutual settlements in the time and manner established by law.
2.1.9. Notify the Customer in writing about changes in the Tariffs for the services provided.
2.2. The customer undertakes:
2.2.1. Send the Applications to the Contractor in the prescribed form, on time, as well as other information necessary for the provision of services.
2.2.2. Ensure the possibility of constant communication between the Contractor and the Customer's contact person by phone from the moment the application is accepted until the order is fully completed.
2.2.3. Timely pay in full for the services rendered in accordance with the terms of this Agreement.
2.2.4. Sign Acts on the rendered services drawn up on the basis of the information approved by the Contractor on the services rendered to the Customer.
2.2.5. Not later than 2 (two) calendar days notify the Contractor in writing about all the shortcomings identified in the process of providing services. Failure to notify or improper notification deprives the Customer of the right to refer to them in the future.
3. PRICE OF THE CONTRACT, PAYMENT PROCEDURE AND REPORTING.
3.1. Tariffs are agreed by the Parties and are defined in Appendix No. 2 to this Agreement. The cost of services not specified in section 1 of this Agreement is negotiated by the Parties separately in each specific case.
3.2. Changes in the Tariffs can be made by the Contractor unilaterally with the obligatory written notification of the Customer 5 (five) days before the day the new Tariffs are introduced.
3.3. Payment for the Contractor's services is carried out in the following order:
3.3.1. The Contractor provides the Customer with services in accordance with the tariffs (Appendix No. 2).
3.3.2. On a monthly basis, before the 5th day of the next month, the Contractor provides the Customer with copies of orders and an Act on the work performed at the request of the Customer (Appendix No. 1) for the past month and an act of reconciliation of mutual settlements.
3.3.3. The Customer no later than 3 (three) working days after receiving from the Contractor the documents specified in clause 3.3.2. of this Agreement, signs the Acts on the services rendered and sends the Act or a reasoned refusal to sign it to the Contractor.
3.3.4. The Contractor's invoice is paid by the Customer no later than three banking days from the date of its receipt. Under this Agreement, the day of payment is the day of receipt of funds to the settlement account of the Contractor.
3.4. Mutual settlements upon expiration or early termination of this Agreement shall be made within 10 (ten) banking days from the date of termination of the Agreement, on the basis of the Reconciliation Report of Mutual Settlements.
4. RESPONSIBILITY OF THE PARTIES.
4.1. For non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the provisions of this Agreement and the current legislation of the Russian Federation.
4.2. For delay in payment under this Agreement, the Customer shall pay a penalty in the amount of 0.3 percent of the amount to be transferred for each day of delay in payment based on a written claim.
4.3. In case of a false call*, the Customer shall pay a fine in the amount established in the Tariffs.
* Under the false call in the context of this Agreement will be understood as cases of non-fulfillment of the order for the following reasons:
Refusal of the Customer / Customer of the Customer from the evacuation services less than 60 (sixty) minutes before the agreed start time for the provision of services; - incorrect indication of the delivery address of the Evacuator; - absence of the Client at the agreed place at the set time for more than 30 (thirty) minutes after the arrival of the Tow Truck.
4.4. Payment of the penalty does not release the Parties from the proper performance of their obligations under this Agreement.
5. FORCE MAJOR.
5.1. The Parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement, if this failure was the result of circumstances caused by force majeure that arose after the conclusion of the Agreement as a result of extraordinary events that the relevant party to the Agreement could neither foresee nor prevent available to it. reasonable measures. Such emergency events in the context of this Agreement include: flood, fire, earthquake, explosion, storm, subsidence of the soil, epidemics and other natural phenomena, war, hostilities, the introduction of a state of emergency or martial law in the relevant territory, changes in legislation or other regulatory acts regulating the terms of this Agreement, other events that could not be prevented by the forces and means at the disposal of the Parties.
5.2. The Party for which the events of an extraordinary nature have developed is obliged, within a reasonably short time, not exceeding three days, to notify the other Party of the occurrence, expected time of action and the end date of the said events, attaching a certificate from the relevant state body on the fact of the occurrence of the events of an extraordinary nature. In the absence of timely notification of the occurrence of events of an emergency nature, the guilty Party is obliged to compensate the other Party for the losses caused by non-notification or untimely notification.
5.3. The occurrence of circumstances caused by force majeure entails the extension of the term of this Agreement for the period of validity of these circumstances.
6. TERM OF THE CONTRACT.
6.1. This Agreement shall enter into force from the moment of its signing by authorized representatives of the Parties, and is valid until December 31, 2017, while the provisions of this Agreement apply to the relations of the Parties arising on the basis of the Agreement and not fulfilled at the time of its termination.
6.2. If not later than 30 (thirty) calendar days before the expiration of this Agreement, none of the Parties requires its termination, this Agreement shall be deemed extended for one year on the same terms.
6.3. This Agreement may be terminated early by agreement of the Parties and on the grounds provided for in this Agreement.
6.4. Each of the Parties has the right to refuse to execute this Agreement by notifying the other Party in writing no later than 15 (fifteen) calendar days before the expected day of early termination. At the same time, the Parties are obliged to make all necessary mutual settlements on the day of termination of this Agreement, taking into account the actually rendered services.
7. FINAL PROVISIONS.
7.1. All disputes and disagreements that may arise during the execution of this Agreement, the Parties shall endeavor to resolve through negotiations. If it is impossible to resolve the dispute through negotiations, the Parties shall apply for its resolution on the merits to the Arbitration Court of Moscow in accordance with the current legislation of the Russian Federation.
7.2. All terms of this Agreement, as well as the content of the negotiations of the Parties in the course of its implementation, are confidential and are not subject to disclosure by the Parties, except as otherwise provided by the legislation of the Russian Federation.
7.3. Neither Party has the right to transfer its obligations under this Agreement to third parties without the written consent of the other Party.
7.4. All changes and additions to this Agreement have equal legal force and are an integral part of it if they are executed in writing and signed by authorized representatives of the Parties.
7.5. Any of the Parties has the right at any time to apply to the other Party with a request to reconcile mutual settlements, the refusal of which is regarded as a material violation of the terms of this Agreement. In case of early termination of the Agreement, regardless of the reasons for termination, as well as after the expiration of this Agreement, regardless of its prolongation, reconciliation of mutual settlements between the Parties is mandatory.
The page presents, relevant in 2020, The form of the contract for the provision of services for the evacuation and transportation of vehicles, concluded between legal entities. You can download it to yourself at any time in .doc, .rtf or .pdf format, the size of the document file is 26.4 kb.
- Subject of the contract
- Rights and obligations of the parties
- Contract price, settlement procedure and reporting
- Responsibility of the parties
- Force Majeure
- Contract time
- Final provisions
- Legal addresses and bank details of the parties
- Signatures of the parties
SERVICE CONTRACT for the evacuation and transportation of vehicles
G. _______________
"_____" _______________ 2016
______________________________ represented by ______________________________, acting on the basis of ______________________________, hereinafter referred to as " Customer”, on the one hand, and ______________________________ represented by ______________________________, acting on the basis of ______________________________, hereinafter referred to as “ Executor”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, as follows:1. THE SUBJECT OF THE AGREEMENT
1.1. On the instructions of the Customer, the Contractor provides services for the transportation (hereinafter referred to as Evacuation) of vehicles, hereinafter referred to as the “TC”, owned by the Customer.
1.2. In the context of this Agreement, "evacuation" means the performance by the Contractor of the following actions:
- departure and arrival of the Contractor's tow truck intended for transportation of the Vehicle to the place specified by the Customer;
- loading the Customer's vehicle onto the tow truck platform using a winch mechanism from the road surface or adjacent territory;
- transportation and delivery of the Customer's vehicle on the tow truck platform to the destination, which is indicated to the Contractor's dispatcher by the Customer;
- unloading the Customer's vehicle from the tow truck platform onto the roadbed or adjacent territory.
1.3. The evacuation of the Vehicle, taking into account the provisions of clause 1.2 of this Agreement, also implies the provision on the part of the Customer and at his expense of the possibility of unhindered access of the tow truck to the location of the Vehicle to be evacuated, as well as to the place of unloading of the evacuated Vehicle. If non-compliance with the provisions of paragraph 1 of this paragraph will lead to the impossibility of carrying out loading and unloading operations, then the Contractor has the right to refuse to provide evacuation services declared by the Vehicle, while retaining the right to pay the agreed cost by the Customer. The evacuation of the vehicle can be carried out by the Contractor in the event that the access to the location of the vehicle to be evacuated is difficult. At the same time, the Contractor has the right to demand payment by the Customer of additional costs in accordance with the tariffs for evacuation services, hereinafter referred to as "tariffs".
1.4. An application for the evacuation of a vehicle damaged as a result of a road traffic accident is accepted only after the registration of an accident by the traffic police in the manner prescribed by law (an Accident Notice must be filled out, a certificate of participation in an accident and a protocol issued).
1.5. Evacuation is carried out if the accompanying person has an identity document, a vehicle registration certificate, a waybill (in cases established by the Law), an OSAGO insurance policy and a power of attorney for the right to perform such actions with the vehicle.
1.6. Services are provided around the clock, every day, including weekends and holidays.
1.7. Request for evacuation.
1.7.1. An application for evacuation is made by the Customer at least one hour before the start of the provision of services, and is considered accepted by the Contractor after the Contractor has informed the Customer about the possibility of executing the application. In exceptional cases, more urgent orders may be accepted for execution at the discretion of the Contractor, if it is possible to fulfill them.
1.7.2. In order for the Contractor to fulfill the application for evacuation, the Customer is obliged to provide the following information:
- surname, name, patronymic of the responsible person transmitting information on the order;
- surname, name, patronymic of the person authorized to transfer and receive the vehicle after its actual unloading from the tow truck;
- brand, model, color, registration number of the vehicle, type of gearbox;
- major damage, malfunctions that prevent the movement of the vehicle under its own power;
- location of the vehicle to be evacuated, exact address;
- place of delivery of the vehicle to be evacuated, exact address;
- the presence and nature of difficulties at the entrance to the place of evacuation of the vehicle.
1.8. Services for the evacuation of vehicles are carried out on the territory of the Russian Federation.
1.9. The Contractor has the right to provide the services specified in clause 1.2 of this Agreement personally or to involve third parties in the performance of its duties. Responsibility for the activities of third parties involved in the execution of this Agreement shall be borne by the Contractor.
1.10. Contractor's contact information: ______________________________.
1.11. Contact information of the Customer: ______________________________.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Contractor undertakes:
2.1.1. Qualitatively, in a timely manner, in accordance with the terms of this Agreement, provide services for the evacuation of the Customer's vehicle.
2.1.2. After accepting the application for evacuation, submit a serviceable tow truck to the place specified in the application or agreed by the Parties, no later than one hour from the moment the application was accepted for execution within the city of ____________________, and at the rate of 1 hour for every 30 km of run - outside the city of ____________________ . In the event of traffic congestion, the Contractor informs the Customer about the increase in the time required for the delivery of a tow truck. The contractor is not responsible for being late to the place of evacuation.
2.1.3. When leaving upon request, take all reasonable measures to locate the Customer's vehicle. If the vehicle cannot be found at the specified address, contact the Customer's contact person, clarify the initial data and agree on further actions.
2.1.4. Ensure round-the-clock operation of the dispatch service.
2.1.5. Ensure the safety of the Vehicle during the evacuation (from the beginning of loading the Vehicle onto the platform of the Contractor's tow truck, until the end of its unloading from the tow truck onto the roadbed or adjacent territory). The Contractor undertakes to immediately inform the Customer and declare to the authorities (traffic police, police) authorized to investigate the relevant incident about cases of damage or theft of the Customer's vehicle during its evacuation. In case of damage to the Customer's vehicle, ensure that a protocol (act) is drawn up containing the name, address and telephone number of the guilty party, a list of damage to the Customer's vehicle.
2.1.6. Issue invoices to the Customer, sign Certificates of services rendered, in the manner and within the time limits established by this Agreement.
2.2. The customer undertakes:
2.2.1. Send the Applications to the Contractor in the prescribed form, on time, as well as other information necessary for the provision of services.
2.2.2. Ensure the possibility of constant communication between the Contractor and the Customer's contact person by phone from the moment the application is accepted until the order is fully completed.
2.2.3. Timely pay in full for the services rendered in accordance with the terms of this Agreement.
2.2.4. Sign Acts on the rendered services drawn up on the basis of the approved information on the services rendered to the Customer.
2.2.5. Not later than __________ calendar days, notify the Contractor in writing of all shortcomings identified in the process of providing services. Failure to notify or improper notification deprives the Customer of the right to refer to them in the future.
3. PRICE OF THE CONTRACT, PAYMENT PROCEDURE AND REPORTING
3.1. Tariffs are agreed by the Parties and are defined in Appendix No. 2 to this Agreement. The cost of services not specified in section 1 of this Agreement is negotiated by the Parties separately in each specific case.
3.2. Changes in tariffs can be made by the Contractor unilaterally with the obligatory notification of the Customer.
3.3. The reporting period under this Agreement is one month. On a monthly basis, before the __________ day of the month following the reporting month, the Contractor provides the Customer with an invoice, the Certificate of Services Rendered (the form of the Certificate is set out in Appendix No. 1 to this Agreement), dated by the last day of the reporting month. The Contractor issues an invoice for payment based on the volume of actually rendered services, on the basis of the Certificate of Services Rendered.
3.4. The Customer, no later than __________ working days after receiving from the Contractor the documents specified in clause 3.3 of this Agreement, signs the Certificates of services rendered and sends the Certificate to the Contractor or a reasoned refusal to sign it.
3.5. Payment by the Customer for the services rendered is made within __________ banking days after receipt of invoices, on the basis of the signed Certificates of Services Rendered. Under this Agreement, the day of payment is the day of debiting funds from the Customer's settlement account to the Contractor's settlement account.
3.6. Mutual settlements upon expiration or early termination of this Agreement shall be made within __________ banking days from the date of termination of the Agreement, on the basis of the Reconciliation Report of Mutual Settlements.
4. RESPONSIBILITIES OF THE PARTIES
4.1. For non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the provisions of this Agreement and the current legislation of the Russian Federation.
4.2. For delay in payment under this Agreement, the Customer shall pay a penalty in the amount of __________% of the amount to be transferred for each day of delay in payment based on a written claim.
4.3. In case of a false call, the Customer shall pay a fine in the amount established in the Tariffs.
4.4. Payment of the penalty does not release the Parties from the proper performance of their obligations under this Agreement.
5. FORCE MAJOR
5.1. The Parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement, if this failure was the result of circumstances caused by force majeure that arose after the conclusion of the Agreement as a result of extraordinary events that the relevant party to the Agreement could neither foresee nor prevent available to it. reasonable measures. Such emergency events in the context of this Agreement include: flood, fire, earthquake, explosion, storm, subsidence of the soil, epidemics and other natural phenomena, war, hostilities, the introduction of a state of emergency or martial law in the relevant territory, changes in legislation or other regulatory acts regulating the terms of this Agreement, other events that could not be prevented by the forces and means at the disposal of the Parties.
5.2. The Party for which the events of an extraordinary nature have occurred is obliged, within a reasonably short period of time, not exceeding __________ days, to notify the other Party of the occurrence, expected time of action and the end date of the said events, attaching a certificate from the relevant state body on the fact of the occurrence of the events of an extraordinary nature. In the absence of timely notification of the occurrence of events of an emergency nature, the guilty Party is obliged to compensate the other Party for the losses caused by non-notification or untimely notification.
5.3. The occurrence of circumstances caused by force majeure entails the extension of the term of this Agreement for the period of validity of these circumstances.
6. TERM OF THE CONTRACT
6.1. This Agreement comes into force from the moment of its signing by authorized representatives of the Parties, and is valid until "_____" _______________2016, while the provisions of this Agreement apply to the relations of the Parties arising on the basis of the Agreement and not fulfilled at the time of its termination.
6.2. If not later than __________ calendar days prior to the expiration of this Agreement, none of the Parties requires its termination, this Agreement shall be deemed extended for one year on the same terms.
6.3. This Agreement may be early terminated by agreement of the Parties and on the grounds provided for in this Agreement.
6.4. Each of the Parties has the right to refuse to execute this Agreement by notifying the other Party in writing no later than __________ calendar days before the expected day of early termination. At the same time, the Parties are obliged to make all necessary mutual settlements on the day of termination of this Agreement, taking into account the actually rendered services.
7. FINAL PROVISIONS
7.1. All disputes and disagreements that may arise during the execution of this Agreement, the Parties shall endeavor to resolve through negotiations. If it is impossible to resolve the dispute through negotiations, the Parties apply for its resolution on the merits to the Arbitration Court of ____________________ in accordance with the current legislation of the Russian Federation.
7.2. All terms of this Agreement, as well as the content of the negotiations of the Parties in the course of its implementation, are confidential and are not subject to disclosure by the Parties, except as otherwise provided by the legislation of the Russian Federation.
7.3. Neither Party has the right to transfer its obligations under this Agreement to third parties without the written consent of the other Party.
7.4. All changes and additions to this Agreement have equal legal force and are an integral part of it if they are executed in writing and signed by authorized representatives of the Parties.
7.5. Any of the Parties has the right at any time to apply to the other Party with a request to reconcile mutual settlements, the refusal of which is regarded as a material violation of the terms of this Agreement. In case of early termination of the Agreement, regardless of the reasons for termination, as well as after the expiration of this Agreement, regardless of its prolongation, reconciliation of mutual settlements between the Parties is mandatory.
7.6. This Agreement is made in two original copies, each of which has equal legal force, one for each Party.
Agreement No. _______ for the provision of car towing services
Moscow "__" _________ 2007
Hereinafter referred to as the "Customer", represented by _________________________ acting on the basis of ____________________________, on the one hand, and LLC "Professional", hereinafter referred to as the "Contractor", represented by General Director Khasyanov Marat Irfanovich, acting on the basis of the Charter, on the other hand, have concluded this agreement as follows:
1. Subject of the contract
1.1. The Contractor undertakes on its own around the clock, on behalf of the Customer, to provide services for the evacuation of vehicles (cars, minibuses, and other vehicles, the total weight of which does not exceed 4000 kg.), Owned by the Customer or Customer's customers (third parties), in the city of Moscow and Moscow region. The Contractor does not evacuate vehicles loaded with explosive or flammable substances and liquids.
1.2. Outside the Moscow region, services for the evacuation of vehicles are provided by separate agreement between the Customer and the Contractor.
1.3. From the moment the Customer informs about the need for a specific evacuation and the Contractor accepts the call, the latter has a corresponding obligation to provide the service provided for in clause 1.1. actual agreement.
1.4. The payer under this agreement is the Customer.
1.5. Telephone number of the Contractor's round-the-clock dispatch service: ________________
1.6. When providing services for the evacuation of a car, the presence of a representative of the Customer as an accompanying person is mandatory.
2. Rights and Obligations of the parties
2.1. The customer undertakes:
2.1.1. When applying by phone, please indicate:
Surname of the responsible and company name of the Customer,
Name of the payer;
Availability of insurance;
Vehicle brand;
Registration number of the vehicle;
Vehicle drive (rear-wheel drive, front-wheel drive);
Gearbox type;
The nature of the accident and/or damage to the vehicle;
The person accompanying or driving the vehicle;
Detailed address of the location of the vehicle;
Vehicle delivery address
date and time of delivery of the tow truck
2.1.2. Timely pay the invoices of the Contractor in the manner prescribed by this agreement.
2.2. The customer has the right:
2.2.1. Receive from the Contractor information about the progress of the service.
2.3. The Contractor undertakes:
2.3.1. Ensure the operation of a 24-hour dispatch center.
2.3.2. Round the clock to ensure the evacuation of vehicles according to the application of the Customer.
2.3.3. Upon arrival at the place of evacuation, check with the owner or person (hereinafter referred to as the client) driving the vehicle: (driven before the accident, breakdown), the following documents:
Vehicle registration certificate;
Driver's license;
A power of attorney for the right to drive a means of transport or a waybill.
Completeness of the car
2.3.4. To evacuate the vehicle to the place indicated by the Customer.
The evacuation of insured vehicles damaged in an accident is carried out only after the preparation of a protocol by the State Inspectorate for Road Safety.
2.3.5. Provide the client with a place in the tow truck to accompany the damaged vehicle.
2.3.6. Inform the Customer about the progress of the service.
2.4. The Contractor has the right to engage third parties to provide the services provided for in this Agreement, subject to prior notification of the Customer of such intention.
2.5. When evacuating a damaged vehicle, the parties draw up an Act indicating all existing damage to the vehicle at the time of its acceptance by the Contractor.
3. Cost of services and payment procedure
3.1. Payment for services is made by the Customer on the basis of invoices (with attached acts) issued by the Contractor.
3.2. The cost of services provided by the Contractor is calculated according to the Contractor's tariffs (Appendix No. 1 to this agreement)
3.3. Payment of invoices is made by the Customer within 5 (Five) banking days from the date of their receipt.
3.4. Changes in the cost of services are made by written agreement of the parties, which is an integral part of the contract.
3.5. Mutual settlements at the end or early termination of the agreement are made by the parties within 20 (twenty) banking days from the date of termination of this agreement.
4. Responsibility of the parties and the procedure for resolving disputes
4.1. In case of damage or loss of the vehicle during transportation on a tow truck due to the fault of the Contractor, the latter shall reimburse the amount by which its value has decreased or the actual value of the vehicle in case of its loss.
4.2. The Contractor is not responsible for damage caused to the vehicle before loading and after unloading.
4.3. The Customer is responsible for late payment of invoices issued by the Contractor for the services rendered, in the amount of 1% of the amount owed for each day of delay in payment. Penalties are charged in case of late payment, starting from the sixth day from the date of invoicing by the Contractor.
4.4. All disputes under this agreement are resolved, if possible, through negotiations. If an agreement is not reached, the dispute is subject to resolution in the Moscow Arbitration Court in accordance with the current legislation of the Russian Federation.
5. Circumstances exempting from liability
5.1. Neither party shall be liable for any failure to fulfill its obligations, in whole or in part, if it is the result of such circumstances as an earthquake, fire, flood or other natural disasters, as well as military operations, blockades, strikes, or a decision by public authorities, resulting in the impossibility of fulfilling the terms of the contract. The effect of these circumstances must be documented by the relevant competent organization or state body.
5.2. In the event of the occurrence of the events listed in paragraph 5.1. the term for the fulfillment of obligations under this agreement is postponed in proportion to the duration of the listed circumstances. The party for which the impossibility of fulfilling obligations has arisen is obliged to immediately notify the other party of this, as well as the expected duration and termination of the above circumstances.
6. Privacy
6.1. The Parties accept mutual obligations to maintain confidentiality in relation to information received during the conclusion and execution of this agreement.
6.2. The transfer of information to third parties or other disclosure of information recognized as confidential under this agreement may be carried out only with the written consent of the other party.
7. Validity, modification and termination of the contract
7.1. This agreement is valid for 1 (one) year from the date of its signing by both parties.
7.2. This agreement may be terminated early:
By agreement of the parties, executed in writing;
At the initiative of one of the parties with a written notice to the other party no later than 1 (One) month before the expected date of termination of the contract;
7.3. Any changes and additions to this agreement are valid if they are made and signed by both parties.
7.4. This agreement is considered terminated, and the parties are released from mutual liability only after they fulfill all obligations and make final settlements, which is confirmed by the drawing up and signing of the relevant act by the Parties.
8. Other terms
8.1. The parties are not entitled to transfer to third parties, in whole or in part, their rights and obligations under this agreement, without the prior written consent of the other party.
8.2. All notices and messages sent by the Parties to each other in connection with the execution of this Agreement shall be made in writing.
8.3. The parties shall notify each other in writing of changes in legal addresses, telephone or telefax numbers, banking and other details.
The Agreement is made in two copies, having the same legal force. One copy for each side.
8.4. Relations between the parties not regulated by this agreement are governed by the current legislation of the Russian Federation.
9. Legal addresses and bank details of the parties
Application No. 1
to the Agreement for the provision of services for the evacuation of vehicles
№ ________ from "___" ____________ 2007
Tariffs for car towing services.
1. Evacuation and transportation of cars within the Moscow Ring Road:
2. Evacuation and transportation outside the Moscow Ring Road for 1 km. with cargo - 30 rubles.
3. Additional fee for loading a car with locked wheels:
1 wheel - 300 rubles.
2 wheels and more - 200 rubles each.
4. The cost of waiting or downtime for 30 minutes is 250 rubles.
6. Fake call - 400 rubles.
7. The cost of loading/unloading, evacuation or transportation difficult for any reason is negotiated separately.
Classification of transported vehicles by groups
Group
Group signs
Representatives
I
Classes A, B, C according to the European classification of passenger cars (length up to 4400 mm, engine capacity up to 2300 cc, engine power up to 169 hp)
VAZ, AZLK, IZH, Ford Ka, Fiat Punto, Opel Astra, VW Bora, BMW 3, Nissan Almera, Toyota Korolla, Mitsubishi Carisma, Renault Megane, Skoda Octavia.
II
Classes D and E according to the European classification of passenger cars (length up to 4800 mm, engine displacement from 1600 to 4300 cc, engine power from 75 to 279 hp)
Niva, Ford Mondeo, Opel Vectra, VW Passat, Mitsubishi Galant, Mitsubishi Diamante, BMW 5, Nissan Maxima, Peugeot 406, Renault Laguna, Toyota Camry, Mercedes A,C,E, Subaru Legacy, Skoda SuperB.
III
SUVs, minivans, minibuses, light trucks, ATVs, minitractors, class F vehicles according to the European classification of passenger cars (length over 4800 mm, engine capacity up to 6000 cc, engine power up to 394 hp)
Mercedes S,G,M,V, BMV 7, Chrysler 300M, 300С, Lincoln Town Car, Jaguar, Jeep Grand Cherokee, Toyota RAV 4, Suzuki Vitara, GMC Yukon, Peugeot 806, 607, Nissan Terrano, Mitsubishi Pajero, Space Runner , Space Wagon, Lexus RX300, Land Rover Freelander, Rang Rover, Discovery, Defender, Gazelle Sobol.
IV
Armored cars, loaders, tractors.
VW Transporter, Mersedes, Ford Transit, Niva, Gazelle.
V
Exclusive, rarities, sports and cars with a low tuning body kit.
Bentley, Lamborghini, Porsche, Ferrari, Hummer, Jaguar, Lotus, Maybach, Rolls-Royce, Seagull, ZIL, ZIS. - The contractor is responsible for:
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