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Anonymous users2024-02-15Regulations have become a hot topic nowadays, and in order to better protect our own rights and interests, we must be legally aware of what we do. So we need to know some necessary legal knowledge. The following is what I need to pay attention to when signing a transportation contract, for reference only.
What do you need to pay attention to when signing a contract of carriage?
1. Check the authenticity of the freight company
Some freight companies are just a small bag company, and they do not have the corresponding qualifications. In order to win over customers, they usually lie that they are big and have their own boats, and when it comes time to sign a contract, they will take other companies'information to fool around. Some cargo owners do not look at the information carefully when signing the transportation contract, which is very dangerous, if the freight company directly "runs away with the goods", it will cause great losses to the cargo owner.
Therefore, when signing the contract of carriage, you must have an understanding of the authenticity of the freight company, check whether their signature content is accurate, and if you encounter problems, you also need to understand clearly to avoid being deceived.
2. Check whether there are any omissions in the terms of the contract
Many cargo owners are always so-so when signing the transportation contract. If you run into a more "insidious" freight company, you will be in great trouble. When signing a contract, you should check the terms of the contract clearly, especially in terms of **.
Many freight companies deliberately fill in a few items when filling in **, or play some word games with the shipowner, wait until the goods are loaded on the ship, and then wait for the opportunity to increase the price, and finally the owner has to pay more freight to ensure the smooth transportation of their goods. In order to avoid this situation, the cargo owner should still ask about the various costs in the shipping process in advance, and ask the freight company to write in detail in the contract, so as to avoid unnecessary disputes.
3. Don't forget the additional terms
Many shippers may look at the main terms carefully, but they may not look at the additional terms so carefully. Some irregular freight companies just take advantage of this gap to list some unfavorable content in the additional terms, and when the cargo owner finds out the problem afterwards, it is too late to regret it. Therefore, when signing the contract of carriage, the owner of the goods should still interpret the terms of the entire contract in detail, and be sure to inquire clearly about some unclear terms.
The above are some of the matters that need to be paid attention to when the cargo owner and the freight company sign the transportation contract. All cargo owners must pay special attention to it in the process of work, so as not to cause some unnecessary troubles to their own cargo transportation due to their own negligence.
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Anonymous users2024-02-14The contract of carriage by road has the following considerations:
1. The shipper shall accurately indicate the name and title of the consignee to the carrier when handling the transportation of goods;
2. The carrier and the shipper shall have the corresponding capacity for civil conduct;
3. The road transport contract shall be concluded in written form.
[Legal basis].Article 809 of the Civil Code of the People's Republic of China.
A contract of carriage is a contract under which the carrier transports passengers or goods from the place of departure to the agreed place, and the passenger, shipper or consignee pays the fare or transportation costs.
Article 825.
For example, when handling the transportation of goods, the pick-up shall accurately indicate to the carrier the name of the consignee or the consignee with instructions, the name, nature, weight, quantity of the goods, the place of receipt and other necessary circumstances related to the transportation of the goods.
If the shipper suffers losses due to the shipper's false declaration or omission of important information, the shipper shall be liable for compensation.
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Anonymous users2024-02-13Problems that logistics enterprises should pay attention to when signing a transportation contract:
1. The operator shall sign a written contract for the carriage of goods with the shipper;
2. When signing a contract with standard terms, the obligation to remind and explain should be fulfilled;
3. Agree on the liability with the shipper in accordance with the law;
4. It is necessary to agree in detail with the shipper on the circumstances of contract termination.
[Legal basis].
Article 825 of the Civil Code.
When handling the carriage of goods, the shipper shall accurately indicate to the carrier the name of the consignee or the consignee with instructions, the name, nature, weight, quantity of the goods, the place of receipt and other necessary circumstances related to the transportation of the goods.
If the shipper makes a false declaration or omits important information, causing losses to the carrier, the shipper shall be liable for compensation.
Article 826.
If the transportation of goods requires approval, inspection and other formalities, the shipper shall submit the documents for completing the relevant formalities to the carrier.
Article 827.
The shipper shall pack the goods in the agreed manner. Where there is no agreement on the packaging method or the agreement is not clear, the provisions of Article 619 of this Law shall apply.
If the shipper violates the provisions of the preceding paragraph, the carrier may refuse to carry the carriage.
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Anonymous users2024-02-12Legal analysis: The content of the contract is agreed upon by the parties and generally includes the following clauses: (1) the names or titles of the parties shall disturb the congratulation and residence; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution.
Legal basis: Article 470 of the Civil Code of the People's Republic of China The content of the contract shall be agreed upon by the parties, and Li Sen generally includes the following clauses: (1) the name and address of the parties, Sun Pai; (2) the subject matter; (3) Quantity; (4) Quality; (5) Price or remuneration; (6) The time limit, place and method of performance; (7) Liability for breach of contract; (8) Methods of dispute resolution.
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