Agreement between customers

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The forwarder provides forwarding services not on his own behalf, but on behalf of the client. What kind of contract should it be? Should the contract for the provision of forwarding services be 2-party or 3-party? Should the power of attorney from the client (customer) be ordinary or notarized?

11.07.2023 18:33 483

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Photo of sikorsky.y.o Yaroslav Sikorsky

This should be a transport forwarding contract.

Under the contract of transport forwarding, one party (the forwarder) undertakes for a fee and at the expense of the other party (the client) to perform or organize the performance of the services specified in the contract, related to the transportation of cargo, part 1 of Art. 929 of the Civil Code of Ukraine.

A transport forwarding contract is concluded in writing.

The essential terms of the transport forwarding contract are:

  • information about the parties to the contract: for legal entities - non-residents of Ukraine: name, location and state where the person is registered; for natural persons - citizens of Ukraine: surname, first name, patronymic, place of residence with address and individual identification number; for individuals - foreigners, stateless persons: surname, first name, patronymic (if available), address of place of residence outside Ukraine;

  • type of forwarder service;

  • type and name of cargo;

  • rights, obligations of the parties;

  • the responsibility of the parties, in particular in case of damage caused by force majeure;

  • amount of payment to the forwarder. If the amount of the fee has not been determined, the client must pay the freight forwarder a reasonable fee (Part 1 of Article 931 of the CCU);

  • settlement procedure;

  • points of departure and destination of cargo;

  • procedure for approving changes to the route, mode of transport, client instructions;

  • term (term) of performance of the contract;

  • all those conditions on which an agreement must be reached at the request of at least one of the parties.

12.07.2023 14:00

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