Peck did not deliver the goods what to do. Transport company lost cargo: what to do

Hello, help with the following question:

A few weeks ago I had a wedding, we had ordered a car for the wedding in advance, they ordered it simply by the phone number found on the Internet (as it turned out later, it was not clear who had it). And so on in order.

My wife had an appointment with a certain person - O. An agreement was signed and a deposit was made for the Hummer vehicle.

On the wedding day, they called us literally an hour before the ceremony and said that this vehicle had broken down, and in exchange they offer a Porsche Caen for the same fee, or a Chrysler limousine but with a surcharge, respectively, everyone was on her nerves, his wife was in tears (she was categorically against the Caen ) As a result, we take a Chrysler, pay the N-th amount in addition. Later I learn that this very Chrysler was given to us by a completely different company, and the person with whom we entered into a contract is not clear who. It turns out that this is just an intermediary. Tell me, what can I present to this "intermediary", how is the fact of car delivery recorded? there is no check or any piece of paper, I did not sign that the car was served and I paid (and the amount was much more than it was announced) and, moreover, I was already paying with another company. I am enclosing the agreement.

The 1st sheet is just the coordinates of the Intermediary (full name and passport), my coordinates, and the description of the vehicle that I order with the price.

1. Subject of the contract

1.1. The Lessor provides the Lessee with a vehicle for temporary use for a fee, as well as provides the Lessee with the services of transport management and its technical operation on its own.

1. Duties of the parties

2.1. The landlord undertakes

• provide the Lessee for temporary use for payment by agreement, a technically corrected and ready-to-use vehicle. The price for using the vehicle is set according to the price list.

Provide the vehicle upon the preliminary request of the lessee.

2.2. The tenant undertakes:

• Use the vehicle for its intended purpose in accordance with this Agreement

Provide a route for the vehicle

• in the event of a change in the declared time, address of filing or cancellation of the application, the Lessee shall notify the Lessor in advance of this

Additional services are paid by the client separately according to the price list

1. The procedure for calculation and responsibility of the parties

3.1 The validity of this agreement begins after the lessee makes 50% of the advance payment for the entire rental period, and the rest of the amount is paid upon arrival of the vehicle directly to the driver.

3.2 If the vehicle is delayed from the appointed time, the calculation is as follows:

Delay over 10 minutes - calculation takes place in 30 minutes

• delay over 40 minutes - calculation takes place in an hour

3.3. The tenant will reimburse the cost of paid parking

3.4 The renter's refusal from a pre-made order entails withholding the prepayment

3.5 In case of prolongation of the lease term of the vehicle, the lessee shall make an advance payment extra hours order.

3.6 In the absence of the lessee in the vehicle cabin at the end of the paid rental period, the driver has the right to leave the place where the lessee is waiting.

3.7. The Lessee is not responsible for damage, losses, injuries, financial losses, moral damage, etc. incurred by the Lessee as a result of unforeseen or uncontrolled circumstances from the Lessor (traffic jams, actions of road services, law enforcement agencies, etc.) that occurred through no fault of the Lessor ...

3.8. The lessor is not responsible for the lessee's belongings left in the passenger compartment or trunk of the vehicle.

3.9. Responsibility for damage caused to the rented vehicle by third parties shall be borne by the Lessor. The Lessor has the right to present the Lessee with recourse claims for compensation of amounts paid to third parties, if he proves that the damage arose through the fault of the Lessee.

Our friend sent us a cargo from St. Petersburg, so we didn't pay him anything, and the thing is quite expensive! The transport company issued only a waybill with weight, volume and quantity and cost of transportation. The cargo left St. Petersburg, reached Moscow, stayed in Moscow for 5 days and finally left for Yekaterinburg, but it never reached Yekaterinburg. How to indicate the cost of the goods in the claim and how to document it in order to compensate for losses and purchase the necessary thing.

drove into the middle of the intersection at a permitting one. I miss flying cars in the opposite lane. missed, and at the moment of changing green to yellow I complete the maneuver to the left, unexpectedly a truck in a straight line from the oncoming lane with a moderate speed enters the traffic light and, without stopping at the yellow signal, continues to move to the intersection and, in the same spirit, without slowing down, rams against the side of the front bumper at a right angle. and since his speed is three times higher than mine (mine is about 10 km per hour), I do not have time to legally complete the maneuver. the movement of two cars to yellow was recorded 1.4 seconds from the recorder.

most of the police officers, including lawyers, admit my guilt. What if we are in the minority of sane, how to prove my innocence.

If the majority refuses to admit that clause 1.5 is for all drivers; p.6.2-YELLOW SIGNAL prohibits movement / this is important for all drivers to know, but many forget and prefer to use yellow as green / - "except as provided in paragraph 6.14".

Let's pay attention to clause 6 14 - is it really allowed to continue driving to yellow? everyone is obliged to comply with this clause 10.5, because all drivers are obliged to act in accordance with clause 1.5 - “act in such a way as not to create danger for traffic and not cause harm”. which means that you can use clause 6.14 in the case of a safe passage of the intersection, while no one canceled sharp braking. if there is a possibility of an accident, slow down, release the accelerator pedal, or perhaps apply sharp braking. And stop in front of the intersected roadway to yellow according to clause 6.13, let there be emergency braking - the main thing is to avoid accidents with cars completing the maneuver, and always remember, there is clause 10.1- "Speed ​​should provide the driver with the ability to constantly monitor the movement of the vehicle to comply with the requirements of the Rules. In case of danger, take possible measures to reduce the speed until the vehicle stops "- observing this point, you can always safely drive up to the intersection at yellow and stop in accordance with clause 6.13. This point is purely the golden mean, because all the troubles of accidents on the roads are a weak analysis of the choice of the speed mode.

so why do we in Russia protect potential killers of criminals on the roads, who add the speed of the car when approaching a controlled intersection at the moment when the green blinking is on, and when at the last moment the yellow lights up, they press the pedals to the floor, trying for everyone vapors to slip through to yellow and having successfully made such a risky maneuver they breathe a sigh of relief, admit that this is so. enjoy experiencing the andrenaline rush.

so choose the speed mode, do not seek to violate clause 6.13. what happens on the roads is very disgusting, the whole reason is that many gentlemen police interpret traffic rules to the extent of their depravity and impunity. even more drivers began to drive yellow, so it will be, but toll fines all the same they write out for yellow when the driver safely passes the intersection to yellow, but they will not write out a fine for committing an accident at the intersection, on the contrary, they will help (do you know why, you guessed it ???) and will help you get insurance for repairing the car by making the victim. so where is the truth and the rule of law in Russia?

my car crashed a truck at a regulated intersection. I was accused under clauses 8.1 and clause 1.5, while clause 8.1 is inappropriate since I was completing the maneuver to the left to yellow, the signals were given as expected. Clause 13.4 I did not violate- "When turning left or making a U-turn at a green traffic light, the driver of a trackless vehicle must give way vehicles moving from the opposite direction straight ahead and to the right. " .Let's let all the trucks go to yellow - who agrees with that?

he did not reach the traffic light when the yellow one turned on, the place to stop was 15 meters, the traffic light was blinking green for 3 seconds, why are most of them sure that it is possible to turn yellow and be justified in the event of an accident? From the scene of the accident there is a video material and a photo. The truck driver will receive an insurance payment, which motivates people to allow side collisions, which most often end in blood.

which one of us has violated more points of the ROAD TRAFFIC rules?

The tire service scratched all 4 discs of the new car while changing summer tires to a new one. On the spot, they refused to pay me for the repair. Called 02 on the fact of damage to property. The police arrived after 1.5 hours (although the operator said that the time limit was 15 minutes), the policeman turned out to be an acquaintance of the tire changer, who ruined my wheels. Having invited me to the police car, he immediately said that a criminal case under Article 167 would NOT be opened, because the disks were spoiled for me not intentionally. They drew up a protocol, an inspection report, and invited one witness. In the evening, I took the notice coupon from the duty station. They didn't give me anything else in my arms. They never summoned to the district police officer. In this regard, I have several questions:

Hello. At night I was hit by a gazelle of the police station on duty. There was a heavy downpour, I walked along the side of the road, but was able to drunkenness... Lost consciousness. The case was opened, but judging by the rumors ...

Hello. At night I was hit by a gazelle of the police station on duty. There was a heavy downpour, I walked along the side of the road, but was in a state of alcoholic intoxication. Lost consciousness. The case was opened, but judging by the rumors of acquaintances from the same authorities, it was closed. The investigator did not come, and the things taken from my pockets are in the police station. The driver does not offer anything, as he says that I was drunk and it was my own fault. A couple of times I just brought fruit to the hospital. What to do? What to expect, where to go, whether to write a statement to the prosecutor's office or the investigative committee.?

Unfortunately, situations when a transport company loses or spoils cargo are not uncommon. There are many reasons for this: negligence of personnel, unsettled procedures for storage, transportation and transfer of goods, as well as circumstances beyond the control of the carrier company (natural disasters, accidents, etc.).

Whatever the reason, the result is the same - the cargo arrives at the recipient in an improper form or does not reach at all.

What to do in these cases, what actions to take and what the options for the development of events may be, we will analyze below.

What documents regulate the liability of the transport company for loss, damage to cargo

One of the most important documents is the Civil Code of the Russian Federation. In particular, the procedure for interaction with the carrier regarding the loss and damage of the transported cargo is described in Articles 796 and 797.

Transportation of goods by road is regulated by the "Charter road transport and urban land electric transport ", approved by the federal law of the Russian Federation No. 259-FZ in 2007 (hereinafter - UAT RF),

In the case of international transport, the "Convention on the Contract international transportation cargo by road "(aka CMR).

In addition to these documents, the responsibility of the participants in the transactions will help to determine the concluded contracts for the provision of services between the carrier company and the shipper.

Legal basis for resolving disputes on delayed delivery, damage or loss of goods

Interaction disputes legal entities, including with regard to damage, loss of goods during transportation and safe storage, are decided by the arbitration courts.

In order not to completely rewrite or not to cite the texts of current documents and laws, we outline the main aspects that allow the plaintiff to claim compensation (compensation) for the cost of lost or damaged goods by the transport company.

1. The need to prove innocence lies with the carrier company. This means that for the court, when the plaintiff (the company-insured of the cargo, the sender or the recipient) applies, the carrier remains the main defendant only if he does not prove otherwise.
2. Remove obligations to pay fines, refunds, etc. the court can only after proof by the carrier company of the fact confirming that the situation arose for irreparable and compelling reasons beyond the control of the defendant. Such facts may include all kinds of force majeure: floods, earthquakes, other natural disasters, accidents caused by third parties, etc.
3. In order for the court to recognize the fact of transferring the goods under the responsibility of the carrier, the prosecutor must have a document confirming the transfer of goods. material values... In other words, without a signature that the carrier has accepted the cargo under his own responsibility, the case may fall apart as unfounded.
4. The filing of claims is limited by strict deadlines - one year from the moment of discovery of the fact of under-delivery or damage (the exact point of reference is regulated by the relevant codes and charters, depending on the type of transport and conditions of transportation).

If we talk about the amount of compensation, then the documents establish the following provisions:

• if part of the cargo is damaged, then the carrier compensates for the difference equal to the amount of damage, that is, the amount of the discount of the goods as a result of damage. If the goods cannot be restored (the resulting defects are irreparable), then the full cost of the damaged cargo is paid (not the entire batch, but only the goods that cannot be restored);
• in case of loss, the full value of the cargo is compensated (those items that were lost);
• if the cargo has been declared a fixed value, then compensation is made according to the latter;
• in addition to compensation for damage or loss of cargo, the carrier is obliged to return the cost for his services, if they were indicated by a separate amount (not included in the cost of the cargo).

Procedure for requesting

It often happens that, according to the delivery agreement between the carrier and the consignee (sender), a required condition inspection and verification of the goods upon delivery, as well as upon receipt. However, in order to speed up the acceptance procedures, the consignees are not convinced of the quality of the transported cargo and sign the handover certificate. This happens all the time. But in vain. Thus, the recipient assumes all responsibility, even if it later turns out that the cargo was damaged during transportation, partially lost, etc. Most likely, you will not be able to prove your case.

How to act in situations of acceptance and dispatch in order to maximally protect yourself from unjustified risks?

1. In view of the fact that the possible compensation for damaged or undelivered goods will be calculated primarily from its predetermined value, in order to minimize costs and the need to prove the actual price of the goods, it is necessary to accurately and clearly indicate its value.
2. In order for your transaction with the carrier company to be official, it is imperative to conclude an agreement for the provision of services with all the necessary sections and clearly, unambiguously prescribed procedures for the transfer / acceptance of goods.
3. If the cargo is especially important and valuable, insure it before shipment.
4. The cargo (goods) must be documentarily transferred under the responsibility of the carrier (there must be an act signed by both parties, waybill).
5. Upon receipt, the goods must be inspected by the consignee. An act or invoice on the receipt of the goods / cargo is signed only if the cargo was not damaged, came without a shortage, in the form in which it was handed over for transportation.
6. If a shortage or damage to the cargo is found, an appropriate act is drawn up, with which the representative of the transport company (responsible person) is familiarized. It is this document that will serve as the basis for subsequent actions to receive compensation. To assess the damage, it is best to invite an independent person, for example, an expert from chamber of commerce your city. By the way, the carrier's representative can refuse to sign the act, then the document is drawn up unilaterally. In themselves accompanying documents the acceptance signature is put only with an indication that a shortage / damage to the cargo was detected, which are described in detail in the act (no standard details are provided for this, it can be a short handwritten note, for example, “A damage / shortage report No. __ ", if such a field is not provided in the accompanying documents).
7. The dispute over the current situation of shortage, damage, delay in delivery times is resolved primarily in the pre-trial order between the participants in the process. For this, the consignee (sender) draws up a written request to the carrier company (this is a claim to the transport company), in which it indicates the damage incurred and other justified claims to be eliminated by the responsible party. The timing and procedure for filing claims are described in the respective statutes and codes.
8. A claim is filed with an arbitration court only if the carrier refuses compensation in full or in part in favor of the injured party.

Additionally

Writing a claim to the carrier is a mandatory step. If you go to court right away, you may get a refusal in the paperwork. There is no clearly established format for a claim, it is drawn up in free form with all the necessary details, as for any business document.

It is worth noting that if the cost of the transported cargo was not clearly indicated in the contract, then the calculation of the amount of compensation for loss or damage will be made on the basis of similar goods at the place of receipt. The latter must be documented.

If the cargo was not inspected upon receipt (that is, there is no way to prove that a specific item was transported, the cost of which can be determined), then the transport company will most likely pay compensation based on weight (the amount of compensation per kilogram can be determined in the contract).

Even if you have insured the cargo, in the event of its loss, you can remain without compensation due to the combination of the following circumstances:

1. the case of loss, damage will not be defined in the insurance contract;
2. damage to the cargo or its loss is caused by reasons beyond the control of the carrier.

In these cases, the court can take the side of the defendants. The best way to file the correct legal action is to read jurisprudence for situations similar to yours. Then the probability of a successful outcome of the case will be much higher.

It turns out my cargo lay from December 5 to 27 in Novosibirsk (well, a couple of days minus).
In my case, payment for the cargo is a transfer of money to the sender. If necessary, I think we would draw up a purchase and sale agreement between me and the sender of the goods.
Can't tell where sender (seller) must indicate the value of the goods.
But for the future, everyone needs to keep all receipts, etc. before receiving the goods.
And probably every time when you receive a cargo, have a digital camera in your pocket. Because after the cargo has been taken out, it is problematic to take pictures on the phone without a date.
It is unrealistic for the carrier to force something to do.
20th of December in the warehouse for a long time dripping on the brains in the warehouse (according to the manager) the storekeeper (senior) must take measures to search.
Having come 21 December they didn’t recognize me - the storekeeper says that he’ll take a look, maybe even my spare parts are here. No search action taken (convening with intermediate branches)
On December 23, a completely different storekeeper turned out to be, the previous one did not convey anything to him that the cargo had been lost. Because basically it's not their fault, and Novosibirsk, so they will not move.
Then the manager stopped picking up the phone, explaining that he had to wait a month and then maybe will pay the PEK.
In principle, you can speed up the process if your manager takes steps to search (call up).
Then I thought: But my spare parts were lost (and there are many cases of losses) while in the PEC warehouse (no matter in which city). Access to the skald is not available to strangers. Thus committed Secret theft of someone else's property(by an employee of the PEC). Believe me, a criminal case will help you get an explanation (by reading the materials and making a copy), so no one will give you an explanation directly.
On December 26, I called up, the answer was: No changes, wait, we will contact you.
And so I appeared on December 27 for another conversation with the manager and decided to sit in the PEC all day. The manager says that it was not necessary for me to appear, as they will find a call.
Okay, I say, I have a car without spare parts, I have nothing to do. The manager calls (in my opinion Novosibirsk), then calls Moscow. And alilujah parts are found two days back. But yesterday they said no. And all my spare parts went from Novosibirsk to me. unless you get lost somewhere on the pass again
No Transport Company could be better. Due to the fact that there are a lot of transshipment branches (where they unload and then again load onto another car) there is simply a possibility (human factor), just a mistake.
Errors will be almost excluded if your cargo travels on the same transport from the place of loading to the point of shipment.
By the way, I did not find a single phone number for filing a complaint with PEC (including a free number)

We have cameras at all loading gates, and in such cases, they sit down - the person responsible for loading and intelligent loaders, who was present and is being restored according to personnel, who took which box where ... everything was ... turnover, but optimization, as everywhere .. there are not many people, they plow overtime to earn money - hence the inattention and shoals ...

Unfortunately, situations when a transport company loses or spoils cargo are not uncommon. There are many reasons for this: negligence of personnel, unsettled procedures for storage, transportation and transfer of goods, as well as circumstances beyond the control of the carrier company (natural disasters, accidents, etc.).

Whatever the reason, the result is the same - the cargo arrives at the recipient in an improper form or does not reach at all.

What to do in these cases, what actions to take and what the options for the development of events may be, we will analyze below.

What documents regulate the liability of the transport company for loss, damage to cargo

One of the most important documents is the Civil Code of the Russian Federation. In particular, the procedure for interaction with the carrier regarding the loss and damage of the transported cargo is described in Articles 796 and 797.

The carriage of goods by road is regulated by the "Charter of Road Transport and Urban Land Electric Transport", approved by the Federal Law of the Russian Federation No. 259-FZ in 2007 (hereinafter - UAT RF),

In the case of international transport, the "Convention on the Contract for the International Carriage of Goods by Road" (aka CMR) is in force.

In addition to these documents, the responsibility of the participants in the transactions will help to determine the concluded contracts for the provision of services between the carrier company and the shipper.

Legal basis for resolving disputes on delayed delivery, damage or loss of goods

Disputes related to the interaction of legal entities, including those related to damage, loss of goods during transportation and safe storage, are resolved by arbitration courts.

In order not to completely rewrite or not to cite the texts of current documents and laws, we outline the main aspects that allow the plaintiff to claim compensation (compensation) for the cost of lost or damaged goods by the transport company.

1. The need to prove innocence lies with the carrier company. This means that for the court, when the plaintiff (the company-insured of the cargo, the sender or the recipient) applies, the carrier remains the main defendant only if he does not prove otherwise.
2. Remove obligations to pay fines, refunds, etc. the court can only after proof by the carrier company of the fact confirming that the situation arose for irreparable and compelling reasons beyond the control of the defendant. Such facts may include all kinds of force majeure: floods, earthquakes, other natural disasters, accidents caused by third parties, etc.
3. In order for the court to recognize the fact of transferring the goods under the responsibility of the carrier, the prosecutor must necessarily have a document confirming the transfer of inventory. In other words, without a signature that the carrier has accepted the cargo under his own responsibility, the case may fall apart as unfounded.
4. The filing of claims is limited by strict deadlines - one year from the moment of discovery of the fact of under-delivery or damage (the exact point of reference is regulated by the relevant codes and charters, depending on the type of transport and conditions of transportation).

If we talk about the amount of compensation, then the documents establish the following provisions:

• if part of the cargo is damaged, then the carrier compensates for the difference equal to the amount of damage, that is, the amount of the discount of the goods as a result of damage. If the goods cannot be restored (the resulting defects are irreparable), then the full cost of the damaged cargo is paid (not the entire batch, but only the goods that cannot be restored);
• in case of loss, the full value of the cargo is compensated (those items that were lost);
• if the cargo has been declared a fixed value, then compensation is made according to the latter;
• in addition to compensation for damage or loss of cargo, the carrier is obliged to return the cost for his services, if they were indicated by a separate amount (not included in the cost of the cargo).

Procedure for requesting

It often happens that, according to the delivery agreement between the carrier and the consignee (sender), a prerequisite is prescribed for the inspection and verification of the goods upon delivery, as well as upon receipt. However, in order to speed up the acceptance procedures, the consignees are not convinced of the quality of the transported cargo and sign the handover certificate. This happens all the time. But in vain. Thus, the recipient assumes all responsibility, even if it later turns out that the cargo was damaged during transportation, partially lost, etc. Most likely, you will not be able to prove your case.

How to act in situations of acceptance and dispatch in order to maximally protect yourself from unjustified risks?

1. In view of the fact that the possible compensation for damaged or undelivered goods will be calculated primarily from its predetermined value, in order to minimize costs and the need to prove the actual price of the goods, it is necessary to accurately and clearly indicate its value.
2. In order for your transaction with the carrier company to be official, it is imperative to conclude an agreement for the provision of services with all the necessary sections and clearly, unambiguously prescribed procedures for the transfer / acceptance of goods.
3. If the cargo is especially important and valuable, insure it before shipment.
4. The cargo (goods) must be documentarily transferred under the responsibility of the carrier (there must be an act signed by both parties, waybill).
5. Upon receipt, the goods must be inspected by the consignee. An act or invoice on the receipt of the goods / cargo is signed only if the cargo was not damaged, came without a shortage, in the form in which it was handed over for transportation.
6. If a shortage or damage to the cargo is found, an appropriate act is drawn up, with which the representative of the transport company (responsible person) is familiarized. It is this document that will serve as the basis for subsequent actions to receive compensation. It is best to hire an independent person to assess the damage, such as an expert from your city's chamber of commerce. By the way, the carrier's representative can refuse to sign the act, then the document is drawn up unilaterally. In the accompanying documents themselves, the acceptance signature is put only with an indication that a shortage / damage to the cargo was detected, which are described in detail in the act (no standard details are provided for this, it can be a short handwritten note, for example, “An act of damage / shortage №__ ", if such a field is not provided in the accompanying documents).
7. The dispute over the current situation of shortage, damage, delay in delivery times is resolved primarily in the pre-trial order between the participants in the process. For this, the consignee (sender) draws up a written request to the carrier company (this is a claim to the transport company), in which it indicates the damage incurred and other justified claims to be eliminated by the responsible party. The timing and procedure for filing claims are described in the respective statutes and codes.
8. A claim is filed with an arbitration court only if the carrier refuses compensation in full or in part in favor of the injured party.

Additionally

Writing a claim to the carrier is a mandatory step. If you go to court right away, you may get a refusal in the paperwork. There is no clearly established format for a claim, it is drawn up in free form with all the necessary details, as for any business document.

It is worth noting that if the cost of the transported cargo was not clearly indicated in the contract, then the calculation of the amount of compensation for loss or damage will be made on the basis of similar goods at the place of receipt.

Lost cargo in the shopping center - what to do

The latter must be documented.

If the cargo was not inspected upon receipt (that is, there is no way to prove that a specific item was transported, the cost of which can be determined), then the transport company will most likely pay compensation based on weight (the amount of compensation per kilogram can be determined in the contract).

Even if you have insured the cargo, in the event of its loss, you can remain without compensation due to the combination of the following circumstances:

1. the case of loss, damage will not be defined in the insurance contract;
2. damage to the cargo or its loss is caused by reasons beyond the control of the carrier.

In these cases, the court can take the side of the defendants. In order to file the correct legal claim, it is best to familiarize yourself with the jurisprudence in situations similar to yours. Then the probability of a successful outcome of the case will be much higher.

The name turned out to be funny. I will try to describe the situations that I want to talk about:

• The advertising department has agreed that it will print the banner, and the supplier will reimburse with free products
• The quality control department (often the Control and Revision Department) agreed that they would deliver the broken spare part to the product
• the sales representative agreed that New Year's gifts will be sent with the car
• KM agreed that free stands will come under the promotion
• you need to get the originals of powers of attorney
• etc.

All the problems I have listed do not fit into the existing warehouse and accounting systems and therefore are often left to the mercy of responsible persons. The company's management cannot remember and control the fulfillment of all requests, since over time their number reaches several dozen per day.

While the company is small and the number of suppliers in it does not exceed hundreds, it is not worth checking the promises of suppliers.

We began to feel acutely that the responsible persons did not control the process when their number increased to 200. And when there were 700 of them, we just wanted to shout the guard.

Like the debts from suppliers, the same problem grows with buyers, when they have to deliver the originals of documents, pick up or return stands, load something or return something, etc.

In general, we have virtual debts or promises and we need to build an accounting system so that the responsible persons do not forget and receive timely information about the fulfillment of promises from other employees who are involved in obtaining material values ​​upon request, for example, a warehouse.

1. Create a database of promises
2. inform the agreed employee about the arrival of goods and materials
3. keep track of what has arrived and what has not
4. automate the closing of KRO acts after an agreement with the supplier on the delivery.

For customers, the solution is as simple as possible, since they always communicate with the operator, then the operator needs to see what the client needs and remind him. When receiving a debt, I noted it in the system. Since we have CRM system with a history for each action (call, business trip, meeting, etc.), we just added a new event reminder to the operator, which is sent to the girls in the form of a list every time they try to invoice the client, right there when they receive a debt, they can mark it by clicking the button received

The solution for suppliers is a little more complicated, by analogy with an event for a statement ", a document" Debt by supplier "was created, which informs and contains information about the state of expected receipts of goods and materials

The customer in the documents (act, receipt, order to the supplier, etc.) where the supplier is indicated, clicks the button Fix debt to the supplier where he indicates who should return what and to which warehouse should arrive.

The operator, when placing an order for the supplier, indicates the warehouse of the recipient or the person in charge (we have implemented articles so that the debt for KRO is always accepted by the warehouse, and according to the documents, the operator of receipts).

if there is an unclosed debt to the specified warehouse, then the operator is prompted, which is also automatically backed up to the electronic order to the supplier.

The operator of the arrival and the warehouse, when setting up invoices or accepting goods, also sees the debts addressed to her in a pop-up window and can mark their receipt

After the receipt is marked, the acts are closed with the required status, and the person who created the request receives a message that the inventory has been received.

There is also a report in which all debts for all suppliers are visible. And it can be controlled by the CM.

Here is such an unpretentious solution that helped us solve the problem of accounting for promises.

I hope it will be useful to someone.

I share the old Technical Assignment for programmers (maybe it doesn't quite match):

1. Document "Debt to supplier" with details. Number, Date, act_number, description, mandatory category (delivery of goods, advertising, documents), supplier. Status (created, delivered), responsible (who created), recipient (who accepted), warehouse where the goods should go (if goods). Tabular part = quantity, text field = name and description (since it is often necessary to bring non-nominal items such as a shelf to the bathroom) and the third field is the item code \ article \ nomenclature (if there is a link - for example, if we do on the basis of an act, then the nomenclature is a bathtub bring the shutter to her) PS It is possible to do without a document on the register - the programmer's choice.
2. A document can be created by going to the appropriate journal in which you can filter by responsible person, supplier, status, number. Or, the document is created automatically when the act is closed with the sign "will be delivered by the supplier".
3. If created automatic. In the document there is a button "create a delivery plan" which creates a document of debt for the supplier, filling in which the KRO specialist saves it. If there is a delivery status and the button has not been pressed, do not allow closing the act. Perhaps you need to enter another status, or somehow pull information from the register into the register of acts in order to track which acts have not yet delivered spare parts. The goods are returned to the sale and placed in reserve with a comment that this is a virtual delivery. It is advisable not to let the reserve be removed manually (only for the administration). When removing the reserve, look at some kind of key-attribute in the comment.
4. If a document is created on the basis of an act created for transferring between our warehouses, then the recipient's department is assigned to the supplier. The supplier, when forming the transfer, prints the warehouse and transfer, on which the tabular sections (code \ article \ nomenclature \ what to deliver) of the delivery document are printed with a separate plate. According to which the sender's warehouse ships the necessary "additional cargo". The receiving warehouse also marks "received" upon receipt
5. RIGHTS to create a document are limited. To begin with, only KRO, KM, administration, advertising. So far, only the administration has to edit the document, then we'll see from the situation. You cannot delete.
6. To the supplier when creating an order to the supplier if there are debts for the supplier - a window with a description of the debts opens. If the order is sent by e-mail, then the letter is automatically written "We remind you that our company expects from you: ... kindly request to ship to our address." = Act number \ Act date \ Nomenclature \ Delivery description, quantity =. provided that the warehouse coincides with the waiting delivery (so that the transit does not go away)
7. The operator of receipts also receives a list of debts when creating receipts related to the category "document debts" and can mark "received".

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   During capitalization, if there are no originals of invoices, then when the flag "debt documents" is set, the corresponding debt to the supplier is also automatically issued.

8. When accepting goods through a computer or terminal, the warehouse also receives a list of debts and can mark that it is "received" from the list. The warehouse can also see what it is that has arrived if an act is attached to the debt - the act is opened for viewing. If the delivery came again with a marriage or not one or not all, then the warehouse presses the "inconsistency" button, which duplicates the act-basis for the delivery with a "new" status. Information is added to the comment that the delivery was incorrect.
9. after a corresponding mark by the recipient, if a worked out act is tied to the document "Debt to supplier" and a reserve is placed, then a note is added to the act in the comment that the goods have arrived. Here it must be borne in mind that in one act there can be several lines different goods... If there is a possibility of linking the delivery with the act, then you can not do it, the main thing is that in the future it would be possible to pull this status out in reports or in the journal of autos
10. When CMs fill out the compensation report, they also see a list of debts for the "selected" supplier. In addition, a separate report is required for KRO, KM and the administration "Debts of suppliers" where all debts would be displayed sorted by date and grouped by the attached nomenclature. For example, "shower stall No. 3452" and 5 lines of delivery to it. To see problem products.

What if the shipping company has lost the cargo?

The services of transport companies are widely used in the transportation of goods and material values. The legislation clearly regulates the rights and obligations of the subjects of these legal relations. If during the transportation of goods the cargo was damaged, then the owner has the right to compensation for his losses, as well as to receive compensation. To do this, you need to fix the situation, establish who exactly was responsible for the safety of the property, establish the reasons for the occurrence of events.

It should be noted that "defective goods" in this case should be called damaged, lost or damaged cargo. The main task of the injured party is to prove that the consequences were due to the fault of the performer. In addition to the usual procedure for resolving such disputes, there are some subtleties associated with specific types of cargo transportation (road, rail, sea, mixed).

Legal framework for the regulation of liability

1. The legal framework is laid down in Chapter 40 of the Civil Code of the Russian Federation.

   Transport company lost cargo

   According to the provisions of the said RLA, namely Article 796 of the Civil Code, the carrier is responsible for the safety of the cargo. In case of damage, loss after acceptance and before delivery to the recipient, the contractor is obliged to fully compensate for the damage caused to the customer.

2. According to Articles 223 and 244 of the Civil Code of the Russian Federation, the ownership of a thing (including the right to its transportation) occurs at the time of its transfer (acceptance, receipt), unless another condition is stipulated in the text of the agreement. A legal fact will be considered the signing of the contract, annexes to it, an act of acceptance and transfer. Receipt of a thing is also recognized as its delivery to the carrier for further dispatch or acceptance by the recipient, another authorized person.
3. In accordance with Article 796 of the Civil Code of the Russian Federation, the carrier is responsible for the "non-safety of the cargo" that occurred after the acceptance of the inventory and before their release to the recipient or an authorized person.

Features of the carrier's liability

• The loss is reimbursed only if the performer's guilt is fully proven or acknowledged by him. So, he is not responsible for damage or loss of cargo due to force majeure (and these are not only natural disasters, but also other events that do not depend on the will of the parties). To protect yourself, the subject of the contract must be insured.
• Responsibility occurs only if an agreement was concluded between the parties, which is determined by part 2 of article 785 of the Civil Code of the Russian Federation. The signing of the agreement is confirmed by a document for the cargo (usually a bill of lading).
• In addition to the value of the cargo, the carriage charge for lost and damaged goods is also subject to compensation.
• The carrier will indemnify for damage as follows:

• in case of loss of cargo or its shortage - the full cost of the lost or missing goods;
• in case of damage to the cargo, if it can be restored (repaired) - compensates for the amount by which the cost has decreased, if it is impossible to restore - the full cost of the damaged goods;
• in case of loss of cargo with a declared value - in its amount.

The sequence of protection of rights in case of damage to the goods by the carrier

1. Drawing up an act... When establishing legal fact, it must be fixed. Damage or damage to the entire cargo or a separate part of it is drawn up in an act indicating the date, time and place of detection of defects. If there is a shortage of cargo, it is necessary to weigh the existing inventory and establish the exact amount of losses. The commercial act is drawn up by the carrier, but the recipient or an authorized person can also draw up their own document. You should also take detailed photographs, as when drawing up procedural protocols ( general form area, general view of goods, damage). It is necessary to offer the carrier to familiarize himself with the act, to make comments, and one copy should be given to him.
2. Determination of the causes of damage to cargo... If this event occurred through the fault of the contractor (accident, equipment failure due to non-observance of safety precautions), and not due to force majeure, special properties of the cargo, hidden defects in packaging or packaging, then it is he who is obliged to compensate for the losses. To determine the reasons why the cargo was damaged, it may be necessary to appoint an expert examination or involve specialists. However, this is only true if there is no agreement between the parties.
3. Preparation of a claim... After establishing the cost of losses, you need to try to resolve the dispute out of court. A written claim is sent by registered mail with notification or is sent by courier, and the period for its consideration cannot exceed 30 days. The rules for drawing up this document will be stipulated by the transport codes and statutes, on the basis of which the transportation is carried out. For example, in accordance with Article 403 of the Merchant Shipping Code, a claim must be submitted without fail before going to court.
4. Preparation of a statement of claim to the Arbitration Court... The circulation rules are established by Part 2 of Article 797 of the Civil Code of the Russian Federation. After receiving a negative response to the claim or leaving it without consideration, the shipper can file a statement of claim with the Arbitration Court within 1 year from the time established by the transport charter or code.

Even if you have chosen the transport company wisely, no one is insured against accidents. In the process of transportation, the cargo can be damaged, and a serious accident can destroy it altogether.

In most cases, the carrier bears full responsibility for the integrity and safety of the cargo. However, disputable situations are possible, and if it comes to court, the proceedings may end not in favor of the customer.

In this article, we will consider what is the responsibility of the transport company for the cargo and how to proceed in disputable cases.

Legislation

The main document in which the customer and the carrier agree on the areas of responsibility is the contract of carriage. The relationship between the parties is regulated in the Civil Code of the Russian Federation - more precisely, in Chapter 40 ("Transportation").

It is worth noting: as often happens in Russian legislation, GK gives only very general idea on the responsibility of the transport company for the cargo. The provisions of the code apply to all transportation, including passenger transportation.

According to the code, the carrier takes responsibility for the safety after actually receiving the goods from the customer. The responsibility of the transport company for the cargo extends throughout the entire period of transportation - that is, until the moment when the consignee accepts the goods.

Another important point: The presumption of innocence in disputes between suppliers and carriers does not work. On the contrary, in order to get rid of responsibility for the cargo, the transport company must prove that the cargo was damaged or did not arrive in full to the customer due to circumstances that it could not foresee and prevent.

When is the transport company not responsible for the cargo?

There are several reasons why the company's responsibility for the cargo is removed. Most often these are:

• circumstances depending on the consignor or consignee;
• defects or damage to packaging or containers that the participants in the carriage did not notice during the initial inspection of the cargo;
• peculiarities of the cargo not specified in the contract of carriage;
• errors in paperwork, incorrectly placing responsibility on the transport company.

For different types transport has its own exceptions. Thus, according to Article 95 of the Charter railway transport RF, during transportation by train, the carrier is exempt from liability if:

• the cargo was damaged due to its special natural properties;
• the moisture content of the cargo exceeds the norm.

In addition, article 118 of the UZhT RF states that the carrier is exempt from liability if:

• the cargo arrived in a properly sealed wagon or container without overloading on the way;
• the cargo was damaged due to natural reasons during transportation in open rolling stock;
• a representative of the consignor (or consignee) accompanied the cargo.

For sea transportation, article 166 of the Merchant Shipping Code of the Russian Federation specifies whole line reasons. In particular, these are:

• natural disasters and unforeseen situations (for example, if the vessel ran aground, not indicated in the sailing direction);
• salvation of people and property;
• fire caused by no fault of the carrier;
• actions of the authorities (arrest, quarantine, and so on);
• hostilities, strikes and civil unrest;
• insufficient or unclear marks;
• navigational error of the ship's crew (article 167 of the RF CMM).

It should be noted that in order to exempt the carrier from liability, it is not enough to simply refer to one of the above circumstances. Let us repeat: the transport company must prove that the cargo could not be delivered safe and sound precisely for the reason that relieves it of responsibility.

Is the carrier released from liability as a result of an accident?

The responsibility of the parties in road transport is a separate issue. Most often, disputes between the shipper and the carrier arise if the driver is involved in an accident through the fault of a third party.

V judicial practice there are cases when the transport company was responsible for the cargo after the accident, and vice versa. Usually, the arbitration court does not consider an accident that did not occur because of the carrier as a force majeure circumstance.

To remove responsibility from the transport company for the cargo, it is necessary not only to prove the guilt of a third party, but also to confirm that the driver complied with traffic rules and acted with the utmost discretion, but could not prevent an accident.

In any case, in order to protect yourself from the risks associated with road transport, it is recommended to insure the goods. In addition, the courts recognize insurance as one of the measures to prevent accidents and their consequences.

What should you pay attention to?

When drawing up a contract of carriage, it is important to clearly delineate responsibility for the goods between the transport company, the sender and the recipient. It should not be allowed that there are "gaps" in transportation - periods when no one is responsible for the cargo.

Most often, the boundaries of the responsibility of the transport company for the cargo are regulated as follows:

• the moment of acceptance of the goods for transportation is the signing of the first trade and accompanying document;
• responsibility for the cargo passes from the transport company to the consignee as soon as the driver received the document with the acceptance mark.

In addition, it is important to clarify the type of responsibility for the cargo:

• poplet;
• boxy;
• piece by piece;
• articular-boxed (when, in addition to the number of boxes, the consignee verifies the articles).

For example, if the driver was given 8 pallets of goods, he is obliged to transfer these 8 pallets to the consignee. If there were less goods on these pallets than the consignee expected (but the packaging of the goods was not broken), the transport company is not responsible for this.

If the driver noticed a shortage or a defect during acceptance for cargo transportation (before the transport company took responsibility for the cargo), it is better to correct the situation on the spot: bring the amount of cargo presented for transportation in line with the documents or replace the damaged goods. If this is not possible, you need to draw up an act of acceptance of the cargo with a note that the driver has accepted the deliberately incorrect volume of cargo or deliberately defective goods.

At the point of unloading, you need to make sure that the consignee has correctly drawn up the trade and accompanying documents. If he found a shortage, marriage or damage to the cargo, it is necessary to draw up an act in the form of TORG-2 before the driver receives the documents on the acceptance of the cargo by the consignee. Otherwise, the customer of transportation will not be able to make a claim to the transport company.

Practice

Let's consider several situations in which a dispute may arise between the consignee and the carrier.

Situation one: the driver brought the cargo safe and sound with a good seal. On unloading, the consignee lost one of the boxes. The driver did not control this situation. As a result, the transport company bears responsibility for the cargo, since the driver has not yet signed the acceptance documents (if the areas of responsibility are correctly spelled out in the contract of carriage).

Situation two: during unloading, the consignee discovered a shortage. However, the driver had already received the documents and left. The act in the form of TORG-2 had to be drawn up without his participation.

It will be almost impossible to prove the responsibility of the transport company for the cargo, since the consignee noticed the shortage too late. To protect yourself from claims that you will not be able to put on the transport company later, indicate in the agreement with the consignee that the customer company does not accept claims if the documents for the cargo are drawn up incorrectly (that is, the act does not contain the driver's signature, and the driver's copies do not notes on drawing up an act).

How does the transport company compensate for the damage?

According to the Civil Code of the Russian Federation, there are three options for compensation for damage:

• if the cargo has not arrived in full, the carrier will compensate the cost of the lost units;
• if the cargo has received minor damage, the transport company will reimburse the amount by which its value has decreased;
• if the cargo has a declared value, the carrier compensates for its share, which corresponds to the lost or damaged share of the cargo, or the declared value in full, if the cargo is completely lost or damaged, after which it cannot be restored.

Therefore, when drawing up a claim against the transport company, you need to indicate the corresponding numbers in accordance with the contract of carriage.

To track the cargo at every stage of transportation, the manufacturing company needs a high-quality transportation management system.

The transport company has lost the cargo. What are the responsibilities of the sender?

TMS Artlogic is convenient because cargo data is stored in the cloud, so all participants in the supply chain can quickly respond to emergency situations, minimizing the consequences.

In your practice, have there been difficult conflicts with transport companies due to lost or damaged goods? What did you do and how did it end? Share your experience in the comments to this article.

Good day!

Let's start to understand in order:

You did the right thing that you did not accept the damaged cargo and drew up an act of refusal to receive (it is very important that this was done together with the representatives of the transport company), since if the recipient accepts the cargo in an improper form in the future, an investigation takes place and expert review to find out at what stage the cargo was damaged and whether it really is the carrier's fault. This will make it easier for you to prove the guilt of the transport company. And you have rightly done that you have photographed the damage, such evidence is difficult to refute and impossible to ignore.

According to clause 1.2 of Art. 458 Civil Code RF: “Unless otherwise provided by the contract of sale, the seller's obligation to transfer the goods to the buyer is considered fulfilled at the time of: delivery of the goods to the buyer or a person indicated by him, if the contract provides for the seller's obligation to deliver the goods ... 2. In cases where the seller's obligation to deliver the goods or transfer the goods at the place of its location to the buyer does not follow from the contract of sale, the seller's obligation to transfer the goods to the buyer is considered fulfilled at the time the goods are handed over to the carrier or the organization of communication for delivery to the buyer, unless otherwise provided by the contract " ...

If you have agreed with a trucking company to pick up the goods from the selling company and deliver them to you, then, according to civil law, it turns out that the seller fulfilled his obligations under the sales contract and the seller company is no longer responsible for damage to the goods during delivery, but if delivery services are provided by the seller company itself, then it turns out that the transport company is a contractor of the seller company.

What does this information give us?

And the fact that you will need to write a claim and for a quick and easy solution to this problem you need to choose the right one responsible person to whom and to present this claim. So, first of all, you need to find out who is responsible for the delivery of the goods - the seller company or the transport company itself.

According to Art. 796 of the Civil Code of the Russian Federation: “1. The carrier is responsible for the failure to preserve the cargo or baggage that occurred after it was accepted for carriage and before it was handed over to the consignee, the person authorized by him or the person entitled to receive baggage, unless he proves that the loss, shortage or damage (damage) to the cargo or baggage occurred due to circumstances which the carrier could not prevent and the elimination of which did not depend on him.

in case of damage (spoilage) of cargo or baggage - in the amount by which its value has decreased, and if it is impossible to restore the damaged cargo or baggage - in the amount of its value;

.... The cost of cargo or baggage is determined based on its price indicated in the seller's invoice or provided for by the contract, and in the absence of an invoice or price indication in the contract, based on the price that, under comparable circumstances, is usually charged for similar goods.

3. The carrier, along with compensation for the established damage caused by the loss, shortage or damage (spoilage) of cargo or baggage, returns to the sender (recipient) the carriage charge collected for the carriage of lost, missing, spoiled or damaged cargo or baggage, if this charge is not included in cost of cargo ”.

Therefore, based on who was responsible for the delivery of the goods (see the contract of sale and the point of delivery of the goods) for damage to the goods that occurred during delivery, in any case, someone will be responsible and you, as a buyer, have the right to compensation for your losses. as well as receiving compensation.

In order to receive material compensation, you must submit a claim, to which you must also attach documents establishing your rights to this cargo.

Art. 797 of the Civil Code of the Russian Federation states: ”1. Before filing a claim against the carrier arising from the carriage of goods, it is mandatory to present a claim to him in the manner prescribed by the relevant transport charter or code. 2. A claim against the carrier may be brought by the consignor or consignee in the event of a complete or partial refusal of the carrier to satisfy the claim or the carrier does not receive a response from the carrier within thirty days. 3. The limitation period for claims arising from the carriage of goods shall be established at one year from the date determined in accordance with transport charters and codes ”.

There is one nuance here, the rules for drawing up a claim are stipulated by the statutes, on the basis of which the transportation is carried out.

As I understand it, in your case, this is road transport (I apologize if I am mistaken. Even if this is not so, then you will understand the meaning and you can easily do everything by analogy) For road transport, the procedure for filing claims is established by Art. 39 - 41 Federal law from 08.11.2007 N 259-FZ "Charter of road transport and urban land electric transport".

Be sure to review this regulation before filing a claim.

If you damaged or lost your cargo in a transport company?

The claim is sent by registered mail or passed "directly into the hands" of the company.

This will be followed by the establishment of the facts that caused the damage to the cargo (it may be necessary to appoint an examination if no agreement is reached between you and the company). It is important for you that it was established that the damage to the goods was due to the fault of the transport operator, and not due to force majeure.

And based on the text of Art. 797 of the Civil Code, if you receive a negative response to a claim or leave it without consideration, you can file a statement of claim in court.

To summarize, in general, find out who was responsible for the delivery of the goods and at what point the seller had to fulfill his obligations (at the moment when the seller gave the goods to the representative of the transport company or when the representative of the transport company had to hand over the goods to you). This fact can be found out by reading the sales contract.

Once this is clear, make a claim and send it either to the trucking company or to the seller. That's all!