Complaint from a transport company about delivery delay: sample

How to write a letter of claim to a transport organization?

Upon receipt of the cargo, first of all, it is necessary to jointly inspect the integrity of the packaging and check the accompanying documents.
All shortcomings and comments should be recorded in a bilateral document in the presence of the forwarder or warehouse employee. If possible, you need to take photographs of all damage: both packaging and contents and write this down in the report.

Based on the bilateral act and the photograph taken to record the damage, you can file a claim against the cargo carrier.

The claim can be drawn up in free form, but must contain:

Details of the carrier and consignee;
Date and place of delivery of the cargo;
The cost of transported cargo, confirmed by documents;
Description of the nature of the damage;
Circumstances under which damage, shortages and other deficiencies were discovered.

At the end you need to put a signature with a transcript and a number. It should be clarified that if the situation is not resolved through a claim procedure, the applicant has the right to go to court.

The claim to the transport company is made in two copies. The first one remains with the cargo carrier. The second one with the signature, transcript of the signature and the date of receipt of the claim by the company employee remains with the client.

In some cases, a claim can be sent by registered mail. It must contain a description of the contents and a notification of delivery.

How to return a defective product to a store?

How to return an item with a receipt:

For a sample claim for car warranty repair, read the link: https://uropora.ru/zashhita-prav-potrebitelej/pretenzionnyj-poryadok/pretenzii-po-tovaru/pretenziya-po-garantijnomu-remontu-avtomobilya-obrazec.html

Claim for vehicle downtime

Contents: In accordance with clause ___ of Agreement ____________ N ___ dated “___”_________ ____

The carrier “___”_________ ____ at ___ hours ___ minutes submitted the vehicle (or: specialized vehicle), namely _______________________, for loading (or: unloading), which is confirmed by ___________________________. At the same time, during loading (or: unloading) there was a delay (or: downtime) of the vehicle (or: specialized vehicle) for _____ hours, which is confirmed by ___________________________.

In accordance with Part 4 of Art. 35 of the Federal Law of November 8, 2007 N 259-FZ

“Charter of road transport and urban ground electric transport”

for delay (downtime) of vehicles submitted for loading, unloading, respectively, the consignor and consignee pay for each full hour of delay (downtime) a fine in the amount established by the contract for the carriage of goods, and if the amount of the specified fine is not established in the contract for the carriage of goods , in the amount of five percent of the freight charge for transportation in urban or suburban traffic (or: one percent of the average daily freight charge for transportation in intercity traffic, determined in accordance with the deadline established by the contract for the relevant transportation).

The carrier's claim for payment of a fine for delay (or: demurrage) of motor vehicles (or: specialized motor vehicles) submitted for loading (or: unloading)

Subject of the document: Text version file: 7.4 kb Save the document: _________________________________________ (name or full name.

Option if the amount of the fine is provided for in the contract: According to paragraph.

consignor/consignee) address: _________________________________ from _____________________________________ (full name or name of carrier) address: ________________________________, telephone: ___________, fax: ___________, email address. mail: _______________________ "___"_________ ____

between ________________________________________ and (full name or name of the carrier) __________________________________________ Agreement ___________ (full name or name of the shipper) N ___ was concluded, according to which the cargo, namely ________________, must be delivered “___”_________ ____ G.

_________________________________________.

(Full name or name of the consignee) In accordance with clause ___ of the Agreement ____________ N ___ dated “___”_________ ____

In what cases can you file a claim with the shipping company?

When ordering a cargo transportation service, few people think that something might happen on the road. But it happens that the parcel is delivered damaged or not delivered at all. As a rule, cargo carriers meet customers halfway, and the issue is resolved peacefully. But a claim must be made.

According to Art. 797 of the Civil Code of the Russian Federation, before filing a statement of claim in court, the client must contact the transport company with a claim. A claim against a transport company is the main tool for protecting the client’s rights. After all, drivers often do not admit guilt, and the transported items are rarely insured. The claim must be drawn up correctly and based on a bilateral act of acceptance of the goods.

When receiving a parcel from a courier or from a warehouse, first of all, you should carefully inspect the condition of the packaging, then open and check the contents. If damage is found, a report is drawn up that describes in detail all the defects and circumstances.

What is the basis for drawing up an act and filing a claim?

The following reasons are established by law:

Damage to packaging or cargo;
Discrepancy found in the number of places;
Violation of pre-agreed delivery dates;
Damage to contents during transportation.

The filing of a claim must be justified by objective and reliable facts.

Downtime of vehicles during road freight transportation

Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) in Art. 794 establishes the general right of the carrier to hold the shipper liable in the event of failure to present cargo or failure to use the provided vehicles for other reasons. Specific measures of liability, according to historical tradition, are provided for by the charters and codes of the relevant modes of transport, as well as by agreement of the parties.

Federal Law of November 8, 2007 N 259-FZ “Charter of Automobile Transport and Urban Ground Electric Transport” (hereinafter referred to as the Charter) establishes the legal liability of the consignor/consignee for downtime in accordance with clause 4 of Art. 35 of the Charter. In this connection, we can cite the following signs of vehicle downtime in relation to road transport and highlight the necessary grounds for liability for downtime. Firstly, downtime of vehicles, according to the Charter, is possible only when loading or unloading cargo.

In accordance with paragraph 2 of Art. 791 of the Civil Code of the Russian Federation and clause 8 of Art. 11 of the Charter, loading of cargo into a vehicle is carried out by the consignor, and unloading of cargo from the vehicle is carried out by the consignee, unless otherwise provided by the contract for the carriage of goods. It turns out that only the consignor or the consignee can be responsible for the downtime of a vehicle, if the responsibility for loading/unloading is not assigned to the carrier by contract. In connection with the above feature, it is necessary to highlight the practically necessary basis for liability for downtime, which consists in the mandatory identification of the person carrying out the cargo work. After all, if, for example, the loading under the contract is carried out by the carrier, then when the cargo is loaded beyond the deadlines for reasons depending on him, the shipper in no way can become responsible for the downtime.

It is worth noting that in practice, the parties include in transportation agreements provisions for downtime that occurs not only during loading and unloading. According to the Resolution of the Ninth Arbitration Court of Appeal dated July 15, 2011 N 09AP-15633/2011-GK, the parties entered into an agreement obliging the customer to pay a fine to the contractor if the standard loading and/or customs clearance period is exceeded. At the same time, the CMR invoices presented by the plaintiff were recognized by the court as sufficient evidence in the case, and the claim was satisfied.

Secondly, downtime of vehicles is used by the Charter as a synonym for “delay” of vehicles.

A.L. Makovsky correctly notes that the delay of a vessel for loading beyond the loading period is nothing more than a delay by the shipper in fulfilling his obligation to load the cargo within a certain period.

The work of a transport organization consists not only of simply moving cargo from one point to another; there is also the parking of the vehicle necessary for the provision of transportation services for paperwork, refueling with gasoline, for rest, etc. Necessary actions corresponding to the implementation of the transport process do not lead to vehicle downtime. Only for “forced inaction” of means of transport (stopping work) the Charter provides for liability for downtime.

Thirdly, the Charter provides for limited liability for vehicle downtime in the form of a fine for each full hour of delay (downtime).

In accordance with paragraph 4 of Art. 35 of the Charter, the penalty for demurrage of a vehicle is established by the contract for the carriage of goods. If the amount of the specified fine is not established in the contract of carriage, then in the amount of 5% of the freight charge for transportation in urban or suburban traffic and 1% of the average daily freight charge for transportation in intercity traffic (clauses 1, 2, clause 4, article 35 of the Charter ).

YES. Medvedev and V.T. Smirnov define this liability as civil. S.Yu. Morozov points out that establishing liability for downtime in the form of penalties is more administrative than civil in nature, which, in our opinion, is the most correct. In support, the author notes that civil liability is always proportionate to the violation committed, and based on the spread of fines, it becomes clear that there can be no talk of any proportionality.

Based on the second and third criteria, it is necessary to highlight the second necessary basis for downtime, namely, finding out the exact duration of downtime of vehicles to calculate the amount of the fine. The exact downtime is determined in accordance with the loading/unloading deadlines established in the transportation contract, and in the absence of specified deadlines in the contract - in accordance with clause 38 of the Rules for the transportation of goods by road (Rules for the transportation of goods by road, approved by Decree of the Government of the Russian Federation of April 15 .2011 N 272).

In judicial arbitration practice, a question arose regarding evidence confirming the guilt of shippers/consignees for downtime (Resolution of the Federal Arbitration Court of the North Caucasus District dated 01/20/2011 in case No. A53-6281/2010; Resolution of the Thirteenth Arbitration Court of Appeal dated 03/29/2011 in case N A56-16525/2010; Resolution of the Ninth Arbitration Court of Appeal dated July 4, 2011 N 09AP-13322/2011-GK).

In case of downtime, in accordance with clause 6 of Art. 35 of the Charter, the basis for calculating a fine are marks in transport invoices or waybills about the time of arrival and departure of vehicles. We note that in order to hold a person accountable for demurrage, a note on the arrival and departure of the vehicle for loading/unloading, confirmed by the signatures of the carrier’s representative and the consignor/consignee, is required, which is the main evidence of demurrage for the court.

Thus, Tass LLC filed a claim with the Arbitration Court of the Sverdlovsk Region against the Ural Metal Structures Plant company, indicating that a copy of the route sheet cannot be accepted as proper evidence confirming the downtime of vehicles, since it is not properly certified and contains unreliable data and does not apply to supporting documents of business transactions (Resolution of the Federal Arbitration Court of the Ural District dated April 26, 2011 N F09-1570/11-C5).

The court, having examined the route sheet, found that it contains notes on the time of arrival and departure of the vehicle, the make of the car, its state registration number, the driver's name and the route, and is also properly signed. The court came to the conclusion that the case materials proved the fact of vehicle downtime.

In accordance with paragraph 4 of Art. 35 of the Charter, liability for downtime of motor vehicles, as a general rule, arises only when loading or unloading cargo (the Charter of Motor Transport of the RSFSR dated 01/08/1969, in comparison with the current Charter, interpreted the grounds for downtime in the most expansive manner (Articles 72, 146)). When analyzing the Charter, situations were discovered in road transport in which the vehicle allegedly actually experienced downtime. For example, when a vehicle is delayed for cleaning (Article 17 of the Charter).

In our opinion, road transport downtime also occurs in the event of failure to present cargo for transportation, that is, when the cargo is presented for transportation late (clause 1, clause 4, article 10, clause 1, article 35 of the Charter). But paragraph 1 of Art. 35 of the Charter provides for the independent responsibility of the shipper, consisting of a fine, as well as compensation for losses caused to the carrier.

The question arises: for what kind of violation can the carrier hold the shipper liable if the carrier presents the vehicle for loading, but the shipper does not load the cargo - for idle time of road transport or for failure to present the cargo for transportation? Due to the fact that loading by road transport is carried out at the shipper's warehouse, the carrier most often does not have the opportunity to accurately determine whether the loading of cargo is taking a long time, or whether the cargo is not fully prepared, etc.

The law does not provide explanations on this matter, only in paragraph 6 of Art. 35 of the Charter states that the fine for delay (downtime) of vehicles is collected regardless of the fine for failure to present goods for transportation under transportation contracts.

It turns out that the carrier has the right to independently choose sanctions from the two proposed ones, which is not entirely correct. According to the logic of the Charter, paragraphs. 1 clause 4 art. 10 is not needed and only creates duality and duplication of downtime relationships. Moreover, demurrage and failure to present cargo for transportation actually belong to one group of violations - violations related to the delivery of the vehicle and cargo for transportation.

Thus, we believe that pre-agreed and precisely defined conditions on the timing of loading or unloading serve the greatest efficiency of cargo turnover, which proves the need for their detailed regulation in the agreement on the organization of cargo transportation.

Deadlines for filing a pending claim

Cargo delivery times may vary and depend on the distance, the number of overloads and the change in types of vehicles. In this case, damage cannot be ruled out, which can only be detected upon opening the package.

Depending on the type of transport used to deliver the cargo, the delivery distance and the nature of property damage, the following deadlines for filing a claim are established by law:

In case of complete loss of cargo - after 30 days from the end of its delivery period or 10 days in case of delivery by air. If delivery was carried out by mixed methods, then after 4 months from the date of acceptance of the cargo.
In case of damage or partial loss of property - from the date of receipt of the cargo.
In case of violation of pre-agreed delivery dates - from the date of completion of the delivery period.

Documents for receiving cargo

Please pay attention! The consignee (individual) must present an identification document, the details of which were declared by the consignor when handing over the cargo to the Forwarder. For example:

if the consignor indicates the data of the consignee's passport, the cargo will be released only upon presentation by the consignee of the specified passport;
if the shipper indicates the details of the consignee's driver's license, the cargo will be released only upon presentation by the recipient of the specified driver's license;

and so on.

At the same time, if the cargo sent to the address of an individual will be received by his representative by power of attorney, then when drawing up the power of attorney as an identification document of the principal, the details of the document declared by the shipper when handing over the cargo to the Forwarder are indicated. A copy of this document is attached to the power of attorney, except in cases where the power of attorney is notarized.

The authorized person to receive the cargo presents:

a duly executed power of attorney with a copy of the identity document of the principal, the details of which are indicated in the power of attorney, or a duly executed power of attorney certified by a notary;
identification document of the authorized person specified in the power of attorney.

original power of attorney to receive the cargo;
a passport of a Russian citizen or a foreign passport - depending on which of these documents is specified in the power of attorney.

Sample documents for receiving cargo (for legal entities) (xls, 20 KB) general power of attorney for receiving cargo for legal entities (doc, 20 KB) for receiving cargo (for individual entrepreneurs) (xls, 20 KB) Rules for receiving cargo Dear clients! We remind you that the cargo is a material value, therefore, to receive it you must:

if the cargo