Transport Services Agreement Template Sample
Transport Services Agreement Template Sample
Transport Services Agreement Template Sample
The Transport Services Agreement is used to transport goods from one destination to another
by land, water, or air. By virtue of this Agreement, the Client engages a Service Provider
(Transporter) to transport the goods thereof to a certain destination after both Parties agree
upon transit and pricing requirements. This Contract template emphasizes the timely delivery
of goods and provides the Client with an option to cancel the order or receive compensation
in the event of a delay. This Transport Services Agreement template includes the standard
clauses for this type of contract, such as: description and performance of services,
responsibilities or each party, payment terms, insurance, penalties, confidentiality, exclusive
control, etc.
DATE: ..............................................................................................................................................
BETWEEN:
AND:
Both Parties hereto shall be responsible for the following terms and conditions as follows,
1. TRANSPORTATION SERVICES
a) Transport goods to all designated areas as provided by the Client. Transportation shall
commence within ……… [include no. of hours, generally 24) of notification by the Client or
any personnel deemed qualified to deploy said transportation.
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b) Properly secure and cover all goods being transported from any weather, road, or other
hazardous conditions during the term of the contract.
c) Maintain insurance of all vehicles being deployed under this contract and upon request shall
furnish proof of such insurance to the Client.
e) Arrange for the security of all trucks on transit as well as work with local officials to secure
the overall security of all trucks during transit.
2. CLIENT RESPONSIBILITES
a) Properly secure and cover all goods being transported from any weather, road, or other
hazardous conditions during the term of the contract.
b) Bear any costs of transportation such as toll roads, turnpikes, or any unforeseen road fees.
e) Furnishing transport document (CMR, Bill of Lading) detailing all items being provided for
transport.
3. PAYMENT TERMS
Payment shall be made to the Service Provider in the amount of ……………. [include amount and
currency] upon the completion of the services described in this Contract.
Payment discount terms are as follows: ……% [include percentage, generally between 3 and 5]
discount if the total amount is paid within ……. [include number, generally between 7 and 10]
days.
If any invoice is not paid when due, interest shall be added to and payable on all overdue
amounts at ……..% [include percentage] per year, or the maximum percentage allowed under
applicable laws, whichever is less. The Client shall pay all costs of collection, including but not
limited to, reasonable solicitor’s fees.
In addition to any other right or remedy set forth in law, if the Client fails to pay for the Services
when due, the Service Provider is entitled to consider said non-payment as a material breach of
the Contract, and may rescind the Contract and/or seek legal remedies.
The Client shall be held liable for any damages or lost profits occasioned to the Service Provider
derivative from the negligence, deceit or bad faith of the Client due to the inaccurate,
incomplete, inexact or false information provided to the Service Provider in relation to the
Products.
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4. PENALTY CLAUSE
Should delivery be delayed to due the Service Provider’s own misconduct or gross negligence,
the Service Provider shall be granted ……….. [include number of hours, generally 24 or 48] hours
to complete delivery. If the provider is unable to remedy the matter within the assigned time
the Client shall reserve the right to charge the transporter for the delay at the rate of ………….
[include amount and currency] per ….. [Tonne or Kilogram] per day for each day the convoy/truck
is delayed after …….. [24 or 48] hours. Furthermore, the Client shall reserve the right to hire
another Service Provider to complete delivery of any delayed shipments.
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USER GUIDE
Contracts drafted by the legal experts of Global Negotiator cover all relevant aspects that are
negotiated and agreed in the different types of business between companies. However, when
these contracts are used you should take into account some recommendations common to all
of them that are described in this User Guide.
DATE
The date when the contract comes into force is the one that appears in its header, as mentioned
in the final paragraphs of the contract, before signatures (This Contract comes into force on the
date written above).
In some contracts -for example in the Supply Contract- the date of coming into force is also
mentioned in one of the clauses. In these cases, you have to verify that the two dates inserted
in the contract (in the heading and in the corresponding clause) are the same, in order to avoid
discrepancies.
PARTIES
Be sure to insert in the first page of the contract the full details of the Parties:
• When a Party is a company you must insert the following information: legal name, legal form
(limited, incorporated, etc.), full address, registration data and fiscal identification number.
CLAUSES
In the most important clauses of each contract (exclusivity, payment terms, applicable law and
competent jurisdiction, etc.) several drafting alternatives are proposed so you can choose the
most appropriate to each situation. Therefore, the user before submitting the contract to the
other Party must choose the alternatives that seem best suited to their interests, and eliminate
the rest.
In several clauses of the contract blank spaces appear with dots (.......................) that the user
has to complete inserting text. Following the dots, between brackets, you will see the data and
explanations to insert the text.
• When the text between brackets is in normal letters (the same as the contract) and
separated by "," or the word "o", the user must insert one of the options suggested.
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Example of blank space (........) with options to select between brackets:
Orders handled before completion of the present Contract which produce sales transactions
within .......... [1, 2, 3, 6] months shall entitle the Agent to receive the corresponding commission.
In this case the user must choose between options 1, 2, 3 or 6 months and insert one in the blank
space (........).
• When the text between brackets is in italics the user has to insert the data and information
requested and eliminate the bracketed text.
Both parties, by mutual consent, resolve to refer any dispute to the Rules of Conciliation and
Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in
accordance with said Rules. The place of arbitration shall be ........... [city and country]. In this
case the user must insert in the blank space (...........) the city and country chosen to conduct the
arbitration and afterwards eliminate the bracketed text [city and country].
Notices Clause
Sometimes it may happen that the official address of the Parties which appear at the beginning
of the contract is different from which is to be used for communications between the Parties
during the terms of the contract. In this case the user should include at the end of the contract
a Notices Clause.
Notices. - In order to comply with their contractual obligations, the Parties establish the
following address for the provision of notices related to this contract:
- Party 1 ............................................................. [insert full address].
- Party 2 .............................................................. [insert full address].
ANNEXES
The contracts incorporate some Annexes, each of them, referenced to the corresponding Clause.
Annexes are drafted in commonly used formats, although the user must adapt these formats
and the text inserted in them to each particular situation.
SIGNATURES
Persons signing the contract on behalf of the company must have the authority to do so and
preferably, be entitled on the basis of a power of attorney. Below the signature, in addition to
the full name of the person that signs his/her position must be inserted. When one of the Parties
who signs is a natural person (for example a commercial agent in an Agency Contract) obviously
he or she is the person that has to sign the contract.
The laws of some countries require that contracts, to be valid, shall be signed in front of
witnesses or a public notary. Therefore, before signing a contract you should be informed about
the requirements that may exist in each country.
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Place and date of signature
Usually, contracts are signed by both Parties on the same date and place. Nevertheless, in
international contracts, due to physical distance, it is common that each of the Parties sign in
different dates and places. This contract provides for both alternatives, so it comes to choosing
the most appropriate to each situation.
Number of copies
Usually, the Parties sign two copies of the contract, each Party retaining one of them, but can
also arise the need to sign more copies. In this case all you have to do is mention explicitly the
number of copies to be signed in the paragraph that is included at the end of the contract (Both
Parties declare their conformity to the present contract, which is signed in ...... copies, each of
which shall be considered an original).
GENERAL RECOMMENDATIONS
The Parties must sign all pages of the contract, including Annexes, so they are also valid. It is
better to use ball point or pen (not pencil) in a color other than black (e.g.: blue); this makes it
easier to distinguish an original document from a photocopy.
Once you have chosen the best alternatives of each clause and have completed the blank spaces
you should revise the whole contract to remove remaining paragraphs and correct any errors.
LEGAL WARNING
Depending upon your particular situation this contract might not meet your needs and
requirements. In case of doubt, you should consult a legal advisor.
Global Marketing Strategies, S.L. as publisher and copyright holder of this contract disclaims
all warranties, whether express or implied, respecting the legal content of this contract. For
any claims arising out or in connection with the use of this contract, Global Marketing
Strategies shall be limited to a refund of the purchase price.
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