The Civil Code of the Russian Federation(with the Additions and Amendments of February 20, August 12, 1996,
October 24, 1997, July 8, December 17, 1999, April 16, May 15,
November 26, 2001, March 21, November 14, 26, 2002,
January 10, March 26, November 11, December 23, 2003)
Chapter 41. Transport Forwarding
Article 801. Contract of Transport Forwarding
1. Under the contract of transport forwarding one party (forwarding agent shall undertake to perform or organize the performance of the services of cargo carriage for reward and at the expense of the other party (consignor or consignee as a client). The contract of transport forwarding may provide for the forwarder's obligation to organize the carriage of cargo by transport and along the route, chosen by the forwarding agent or the client, the obligation of the forwarding agent to conclude a contract (contracts) of the carriage of cargo on behalf of the client or on his own behalf, to ensure the dispatch and receipt of cargo, and also other obligations for carriage.
The contract of transport forwarding may provide as additional services such operations necessary for the delivery of cargo as the receipt of documents required for export or import, the performance of customs and other formalities, the inspection of the quantity and condition of cargo, its loading and unloading, the payment of duties, fees and other expenses to be incurred by the client, the storage of cargo, its receipt in the point of destination, and also the fulfilment of other operations and the provision of services, specified by the contract.
2. The rules of this Chapter shall also extend to the cases where in keeping with the contract the obligations of the forwarding agent shall be discharged by the carrier.
3. The conditions for the fulfilment of the contract of transport forwarding shall be determined by the agreement of the parties, unless otherwise stipulated by the law on transport forwarding, by other laws and other legal acts.
Article 802. The Form of the Contract of Transport Forwarding
1. The contract of transport forwarding shall be concluded in writing.
2. The client shall issue to the forwarding agent a power of attorney, if it is necessary for the discharge of his obligations.
Article 803. The Liability of the Forwarding Agent under the Contract of Transport Forwarding
For default on the obligations or improper discharge of obligations the forwarding agent shall bear liability on the grounds and in the amount which are determined in accordance with the rules of Chapter 25 of this Code.
If the forwarding agent proves that the infringement of the obligation is caused by the improper execution of the contracts of carriage, the liability of this forwarding agent to the client shall be determined by the same rules under which the relevant carrier is liable to the forwarding agent.
Article 804. Documents and Other Information Submitted to the Forwarding Agent
1. The client shall be obliged to submit to the forwarding agent documents and other information about the properties of cargo, the terms of its carriage, and also other information needed for the discharge of the forwarder's obligation, specified by the contract of transport forwarding.
2. The forwarding agent shall be obliged to inform the client about the discovered shortcomings of received information, and in case of incomplete information to request from the client additional data.
3. In case of the non-submission of the necessary information by the client the forwarding agent shall have the right not to proceed to the discharge of relevant obligations until the time of presenting such information.
4. The client shall bear liability for the losses caused to the forwarding agent in connection with the breach of the obligation of presenting information, indicated in Item 1 of this Article.
Article 805. The Discharge of the Forwarding Agent's Obligations by a Third Person
If it does not follow from the contract of transport forwarding that the forwarder should discharge his duties in person, the forwarder shall have the right to draw other persons in the discharge of his obligations.
The entrustment of a third person with the discharge of the obligation shall not release the forwarder from the liability to the client for the execution of the contract.
Article 806. Unilateral Refusal to Execute the Contract of Transport Forwarding
Any party shall have the right to refuse to execute the contract of transport forwarding by warning the other party within a reasonable period.
In case of unilateral refusal to execute the contract the party which stated his refusal shall reimburse to the other party the losses caused by the dissolution of the contract.
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