Vehicle evacuation agreement. The contract for the provision of services for the evacuation of vehicles. Agreement for the provision of services for the evacuation and transportation of vehicles
moscow "____" _______________ 2017
LLC "Business Group", represented by _______________, acting on the basis of _______________, hereinafter referred to as the Contractor, on the one hand, and _______________, hereinafter referred to as the Customer, on the other hand, have entered into this Agreement on the following:
1. THE SUBJECT OF THE AGREEMENT.
1.1. The Contractor undertakes, at the request of the Customer, to provide him with transportation services for the following vehicleowned by the Customer on the right of ownership:
- Brand: _______________
- State Room: _______________
- VIN (identification number): _______________
- Colour: _______________
- Engine Model / No.: _______________
- Certificate of state registration vehicle: _______________ ,
1.2. Departure point: _______________
1.3. Destination: _______________________________________________
1.4. The cost of the Contractor's services under this agreement is the amount in rubles in the amount of _______________ rubles.
1.5. Payment for the services of the Contractor for transportation is made by the Customer in the following order:
- 50% of the cost of services specified in clause 3 of the Agreement shall be paid by the Customer at the time of signing this Agreement;
- the remaining 50% are paid upon the fact of services rendered under the Agreement immediately at the time of transfer of the Vehicle to the Customer at the destination.
1.6. The Agreement comes into force from the moment of its signing by the Parties.
1.7. During transportation, the customer's car is insured in _______________ for the amount of 3,000,000 (three million) rubles. Policy No. _______________
1.8. The Agreement is made in two copies with equal legal force - one for each of the Parties.
1.9. Contractor's contact information:
phone fax: _______________ ;
website: www.site
1.10. Customer contact information:
The contact person: _______________ ;
phone: _______________ ;
e-mail address: _______________
2. RIGHTS AND OBLIGATIONS OF THE PARTIES.
2.1. The Contractor undertakes:
2.1.1. Qualitatively, on time, in accordance with the terms of this Agreement, provide services for the evacuation of the vehicle of the Customer's Clients.
2.1.2. After accepting the Application for evacuation, submit a serviceable Tow Truck to the place specified in the Application or agreed by the Parties, no later than 2 hours from the moment the Application is accepted for execution within the Moscow Ring Road (in the absence of traffic congestion), and at the rate of 1 hour for every 40 km of run - outside the Moscow Ring Road. In the event of traffic congestion, the Contractor informs the Customer about the increase in the time required for the delivery of the Tow Truck. The Contractor is not responsible for being late to the place of evacuation.
2.1.3. When leaving upon request, take all reasonable measures to locate the Client's vehicle. If the vehicle cannot be found at the specified address, contact the customer's contact person, clarify the initial data and agree on further actions.
2.1.4. Provide round-the-clock work of the dispatch service.
2.1.5. Ensure the safety of the vehicle during evacuation (from the beginning of loading the vehicle onto the Contractor's Evacuator, until the end of its unloading from the Evacuator onto the roadway or adjacent territory).
The Contractor undertakes to immediately inform the Customer and report to the authorities (traffic police, police) authorized to investigate the relevant incident, about cases of damage or theft of the Customer's vehicle during its evacuation. In the event of damage to the Customer's vehicle, ensure the execution of a protocol (act) containing the name, address and telephone number of the guilty party, a list of damage to the Customer's vehicle.
2.1.6. Not later than the last day of the reporting month, prepare and send to the Contractor for approval an act of services rendered for the expired reporting period.
2.1.7. Issue invoices to the Customer, sign Acts on the services rendered, in the manner and terms established by this Agreement.
2.1.8. Draw up acts of work performed for making mutual settlements within the timeframe and procedure established by law.
2.1.9. Inform the Customer in writing about the change in the Tariffs for the services provided.
2.2. The customer undertakes:
2.2.1. Send Applications to the Contractor in the prescribed form, within the established time frame, as well as other information necessary for the provision of services.
2.2.2. Provide the possibility of constant communication between the Contractor and the Customer's contact person by phone from the moment the application is accepted until the order is fully completed
2.2.3. Timely and in full pay for the services rendered in accordance with the terms of this Agreement.
2.2.4. Sign Acts on the services rendered, drawn up on the basis of information approved by the Contractor about the services provided to the Customer.
2.2.5. No later than 2 (two) calendar days in writing, notify the Contractor about all the shortcomings identified in the process of providing services. Failure to notify or inappropriate notification deprives the Customer of the right to further refer to them.
3. PRICE OF THE CONTRACT, PAYMENT PROCEDURE AND REPORTING.
3.1. The tariffs are agreed by the Parties and are defined in Appendix No. 2 to this Agreement. The cost of services not specified in Section 1 of this Agreement is negotiated by the Parties separately in each specific case.
3.2. Changes in the Tariffs can be made by the Contractor unilaterally with the obligatory written notification of the Customer 5 (five) days before the date of the introduction of the new Tariffs.
3.3. Payment for the services of the Contractor is carried out in the following order:
3.3.1. The Contractor renders services to the Customer in accordance with the tariffs (Appendix No. 2).
3.3.2. Every month, before the 5th day of the next month, the Contractor provides the Customer with copies of orders and an Act on the work performed at the Customer's request (Appendix No. 1) for the past month and an act of reconciliation of mutual settlements.
3.3.3. The Customer no later than 3 (three) business days after receiving from the Contractor the documents specified in clause 3.3.2. of this Agreement, signs the Acts on the services rendered and sends the Act to the Contractor or a reasoned refusal to sign it.
3.3.4. The Contractor's invoice is paid by the Customer no later than three banking days from the date of its receipt. Under this Agreement, the day of payment is considered the day of receipt money to the settlement account of the Contractor.
3.4. Settlements upon expiration or early termination of this Agreement are made within 10 (ten) banking days from the date of termination of the Agreement, on the basis of the Statement of Reconciliation of Settlements.
4. RESPONSIBILITY OF THE PARTIES.
4.1. For non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties are liable in accordance with the provisions of this Agreement and current legislation Russian Federation.
4.2. For late payment under this Agreement, the Customer shall pay a penalty in the amount of 0.3 percent of the amount to be transferred for each day of delay in payment based on a written claim.
4.3. In case of a false call * Customer pays a fine in the amount set in the Tariffs.
* In the context of this Agreement, a false call will mean cases of non-fulfillment of an order due to:
Refusal of the Customer / Customer of the Customer from evacuation services less than 60 (sixty) minutes before the agreed start time for the provision of services; - incorrect indication of the delivery address of the Evacuator; - absence of the Client at the agreed place at the specified time for more than 30 (thirty) minutes after the arrival of the Evacuator.
4.4. The payment of the forfeit does not relieve the Parties from the proper performance of the obligations assumed under this Agreement.
5. FORCE MAJEURE.
5.1. The Parties are exempt from liability for partial or complete failure to fulfill their obligations under this Agreement if this failure was the result of circumstances caused by force majeure that arose after the conclusion of the Agreement as a result of emergency events that the relevant party to the Agreement could neither foresee nor prevent available to it. reasonable measures. Such events of an extraordinary nature in the context of this Treaty include: flood, fire, earthquake, explosion, storm, soil subsidence, epidemics and other natural phenomena, war, hostilities, the imposition of a state of emergency or martial law on the relevant territory, changes in legislation or other regulatory acts regulating the terms of this Agreement, other events, which could not be prevented by the forces and means at the disposal of the Parties.
5.2. The Party for which the events of an extraordinary nature have developed is obliged, within a reasonably short period of time, not exceeding three days, to notify the other Party of the occurrence, the expected time of validity and the end date of these events, attaching a certificate of the relevant government body about the fact of occurrence of events of an extraordinary nature. In the absence of timely notification of the occurrence of events of an extraordinary nature, the guilty Party is obliged to compensate the other Party for losses caused by failure to notify or untimely notification.
5.3. The onset of circumstances caused by the action of force majeure entails the extension of the term of this Agreement for the period of the specified circumstances.
6. DURATION OF THE CONTRACT.
6.1. This Agreement enters into force from the moment of its signing by the authorized representatives of the Parties, and is valid until December 31, 2017, while the provisions of this Agreement apply to the relations between the Parties arising on the basis of the Agreement and not fulfilled at the time of its termination.
6.2. If, no later than 30 (thirty) calendar days before the expiration of this Agreement, none of the Parties requests its termination, this Agreement is considered extended term for one year under the same conditions.
6.3. This Agreement may be terminated ahead of time by agreement of the Parties and on the grounds provided for by this Agreement.
6.4. Each of the Parties has the right to refuse to execute this Agreement by written notification of this to the other Party no later than 15 (fifteen) calendar days before the expected day of early termination. In this case, the Parties are obliged to make all the necessary mutual settlements on the day of termination of this Agreement, taking into account the actually rendered services.
7. FINAL PROVISIONS.
7.1. All disputes and disagreements that may arise during the execution of this Agreement, the Parties strive to resolve through negotiations. If it is impossible to resolve the dispute through negotiations, the Parties apply for its resolution on the merits to the Moscow Arbitration Court in accordance with the current legislation of the Russian Federation.
7.2. All terms of this Agreement, as well as the content of negotiations between the Parties during its implementation are confidential and are not subject to disclosure by the Parties, except as otherwise provided by the legislation of the Russian Federation.
7.3. Neither Party shall have the right to transfer its obligations under this Agreement to third parties without the written consent of the other Party.
7.4. All changes and additions to this Agreement have equal legal force and are an integral part of it if they are executed in writing and signed by authorized representatives of the Parties.
7.5. Any of the Parties has the right at any time to apply to the other Party with a requirement to reconcile mutual settlements, the refusal of which is regarded as material violation terms of this Agreement. In case of early termination of the Agreement, regardless of the reasons for termination, as well as upon the expiration of this Agreement, regardless of its prolongation, reconciliation of settlements between the Parties is mandatory.
Agreement No. ___________
togliatti "___" _________20__
Auto ASSISTANCE ", hereinafter referred to as the" Contractor ", represented by the director, Dmitry Yuryevich Frantsuzov, acting on the basis of the Charter, on the one hand, and __________________ , hereinafter referred to as the "Customer", represented by ______________________________________________ acting on the basis of the Charter, on the other hand, collectively referred to as the "Parties", have entered into this Agreement as follows:
1. SUBJECT OF THE CONTRACT.
1.1. At the request of the Customer, the Contractor provides transportation services (hereinafter - "Evacuation") of vehicles hereinafter - "TS" weighing up to 45,000 kg (according to the technical passport of the vehicle and (or) in fact) and more and maximum dimensions of the evacuated vehicle: length (mm) - 35000, width (mm) - 2500, height (mm) - 4000, belonging to the Customer's clients or the Customer, hereinafter - "Clients".
1.2. In the context of this Agreement under the E evacuation TS it is understood that the Contractor performs the following actions:
Ø departure and arrival of the Contractor's Evacuator, hereinafter - " Tow truck "intended for transportation of the Vehicle to the place specified by the Client;
Ø loading the Client's vehicle onto the Evacuator's platform using a winch mechanism from the road surface or adjacent territory;
Ø transportation and delivery of the Client's Vehicle on the Evacuator platform to the destination specified to the Contractor's dispatcher by the Customer's representative in the evacuation application or by the Client;
Ø unloading of the Client's vehicle from the Evacuator platform onto the roadway or adjacent territory.
1.3. Evacuation is carried out if the accompanying person has an identity document, a vehicle registration certificate, waybill (in cases stipulated by the Law), an OSAGO insurance policy and a power of attorney for the right to perform such actions with the vehicle.
1.4. The vehicle is transferred by the Customer to the Contractor under the Vehicle Acceptance Certificate (Appendix to this Agreement), indicating the delivery address and the required time for its implementation.
1.5 Services are provided around the clock, every day, including weekends and holidays.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES.
2.1. The Contractor undertakes:
2.1.1. Qualitatively, on time, in accordance with the terms of this Agreement, provide services for the evacuation of the vehicle of the Customer's Clients.
2.1.2 Ensure the safety of the vehicle during evacuation (from the beginning of loading the vehicle onto the Contractor's Evacuator, until the end of its unloading from the Evacuator onto the roadway or adjacent territory).
Ø The Contractor undertakes to immediately inform the Customer and report to the authorities (traffic police, police) authorized to investigate the relevant incident, about cases of damage or theft of the Customer's vehicle during its evacuation. In the event of damage to the Customer's vehicle, ensure the execution of a protocol (act) containing the name, address and telephone number of the guilty party, a list of damage to the Customer's vehicle.
2.1.3. Sign the Acts of Services Rendered (Appendix to this Agreement), in the manner and terms established by this Agreement.
2.2. The customer undertakes:
2.2.1. Send Applications to the Contractor in the form of Appendix No. 3 to this Agreement, indicating the information necessary for the provision of services.
2.2.2. Provide the possibility of constant communication between the Contractor and the Customer's contact person by phone from the moment the application is accepted until the order is fully completed
2.2.3. Timely and in full pay for the services rendered in accordance with the terms of this Agreement.
2.2.4. Sign Acts of Services Rendered (Appendix to this Agreement).
2.2.5. No later than 2 (two) calendar days from the date of receipt of the Certificate of Services Rendered, signed by the Contractor, to notify the Contractor in writing of all deficiencies identified in the process of rendering services. Failure to notify or inappropriate notification deprives the Customer of the right to further refer to them.
3. PRICE OF THE CONTRACT, PAYMENT PROCEDURE AND REPORTING.
3.1. The tariff for the evacuation of one car is 1,100 rubles in the district and 30 rubles per 1 km outside the district or city. The evacuation route and the total travel time are determined in accordance with a previously agreed application (Appendix).
3.2. The basis for payment for services for the evacuation of vehicles are: the Certificate of Services Rendered signed by the Customer.
3.3. The Customer pays the Contractor's invoices within 2 (Two) banking days from the date of receipt of the documents specified in clause 3.2. actual agreement.
5. FORCE MAJEURE.
5.1. The Parties are exempt from liability for partial or complete non-fulfillment of their obligations under this Agreement if this failure was a consequence of circumstances caused by force majeure that arose after the conclusion of the Agreement as a result of emergency events that the relevant party to the Agreement could neither foresee nor prevent available to it. reasonable measures.
Such events of an extraordinary nature in the context of this Treaty include: flood, fire, earthquake, explosion, storm, soil subsidence, epidemics and other natural phenomena, war, hostilities, the imposition of a state of emergency or martial law on the relevant territory, changes in legislation or other regulatory acts governing the terms of this Agreement, other events that could not be prevented by the forces and means at the disposal of the Parties.
5.2. The Party for which the events of an extraordinary nature have developed is obliged, within a period not exceeding three days, to notify the other Party about the occurrence, the estimated time of validity and the end date of these events, attaching a certificate from the relevant state body about the fact of the occurrence of events of an extraordinary nature. In the absence of timely notification of the occurrence of events of an extraordinary nature, the guilty Party is obliged to compensate the other Party for losses caused by failure to notify or untimely notification.
5.3. The onset of circumstances caused by the action of force majeure entails the extension of the term of this Agreement for the period of the specified circumstances.
6. DURATION OF THE CONTRACT.
6.1. This Agreement enters into force from the moment of its signing by the authorized representatives of the Parties, and is valid until "___" ________ 20__, while the provisions of this Agreement apply to the relations between the Parties arising on the basis of the Agreement and not fulfilled at the time of its termination.
6.2. This Agreement may be terminated ahead of time by agreement of the Parties and on the grounds provided for by this Agreement.
6.3. Each of the Parties has the right to refuse to execute this Agreement by written notification of this to the other Party no later than 15 (fifteen) calendar days before the expected day of early termination. At the same time, the Parties are obliged to make all the necessary mutual settlements on the day of termination of this Agreement, taking into account the actually provided services.
7. FINAL PROVISIONS.
7.1. All disputes and disagreements that may arise during the execution of this Agreement, the Parties strive to resolve through negotiations. If it is impossible to resolve the dispute through negotiations, the Parties apply to the Arbitration Court of Samara in accordance with the current legislation of the Russian Federation.
7.2. All terms of this Agreement, as well as the content of negotiations between the Parties during its implementation are confidential and are not subject to disclosure by the Parties, except as otherwise provided by the legislation of the Russian Federation.
7.3. Neither Party shall have the right to transfer its obligations under this Agreement to third parties without the written consent of the other Party.
7.4. All changes and additions to this Agreement have equal legal force and are an integral part of it if they are executed in writing and signed by authorized representatives of the Parties.
7.5. Either of the Parties has the right at any time to apply to the other Party with a request to reconcile mutual settlements, the refusal of which is regarded as a material violation of the terms of this Agreement. In case of early termination of the Agreement, regardless of the reasons for termination, as well as upon the expiration of this Agreement, regardless of its prolongation, reconciliation of settlements between the Parties is mandatory.
7.6. This Agreement is made in two original copies, each of which has equal legal force, one for each Party.
7.7. In everything that is not provided for by the terms of this Agreement, the Parties are guided by the current legislation of the Russian Federation.
7.8. The Parties undertake to notify each other in advance in writing, on letterhead, signed by the responsible person in case of a change in their addresses and payment details, the presence or occurrence of significant circumstances affecting the execution of the Agreement.
8. ADDRESSES, BANK DETAILS AND SIGNATURES OF THE PARTIES.
application
A K T No. 1
on services rendered.
Auto ASSISTANCE ", hereinafter referred to as the" Contractor ", represented by the director, Dmitry Yuryevich Frantsuzov, acting on the basis of the Charter, on the one hand, and _________________, hereinafter referred to as "Customer" represented by _________________________________________, acting on the basis of __________________, on the other hand, hereinafter collectively referred to as "Parties» , have drawn up this act to the Agreement on the provision of services for the evacuation of vehicles (hereinafter - the Agreement) on the following:
The Contractor provided the Customer with transportation services ____________________________________________________________ in accordance with the terms of the above Agreement.
Calculation of the cost of transportation:
The cost of the services provided is ____________ rubles.
There are no claims for the quality of the services provided.
CUSTOMER EXECUTIVE
Director
Special Auto ASSISTANCE "
application
to the Agreement on the provision of evacuation services
vehicle
car pick-up
togliatti "___" ______ 20_
Hereinafter referred to as the "Customer" represented by ____________________, acting on the basis of _____________________, on the one hand, and Auto ASSISTANCE ", hereinafter referred to as the" Contractor ", represented by the director, Dmitry Yuryevich Frantsuzov, acting on the basis of the Charter, on the other hand, made this ACT about the following:
Address of the place of acceptance and transfer of the car to the Contractor: __________________________
Car delivery address: _______________________________
Delivery is carried out by the Contractor until: __________________________
1. The customer handed over and the Contractor took over the car:
1.1. brand, model _____
An identification number (VIN) __________________________;
Year of issue _____;
Engine N ________-__________
Body N _________________________;
Colour: white
PTS _________-_____________
Certificate of ownership _______-_______ issued by ___________-__________
and related documents to it.
Mileage _______-________ km
Remaining gasoline in the tank __-__ l.
The cost of the car is ________ rubles.
External damage to the car: _____________________-______________________.
This act is drawn up in duplicate, one for each party.
CUSTOMER EXECUTIVE
Director
Special Auto ASSISTANCE "
_________________/__________ / _______________//
application
to the Agreement on the provision of services for the evacuation of vehicles
APPLICATION No. 1
to the contract on the provision of services for the evacuation of vehicles
togliatti "__" ______ 20_
Auto ASSISTANCE ", hereinafter referred to as the" Contractor ", represented by the director, Dmitry Yuryevich Frantsuzov, acting on the basis of the Charter, on the one hand, and _______________________, hereinafter referred to as « Customer "represented by ____________________________________________________ acting on the basis of the Charter, on the other hand, hereinafter collectively referred to as the" Parties ", have drawn up this application to the Agreement on the provision of services for the operation of vehicles (hereinafter referred to as the Agreement) as follows:
Application for the provision of car evacuation services
We ask you to evacuate (transport) the car according to the information below:
CUSTOMER EXECUTIVE
Director
Special Auto ASSISTANCE "
_________________/__________ / _______________//
PRICE-LIST
prices for services provided
This price list defines the price for each transportation of the Customer's Clients' vehicles.
Evacuation within the administrative boundaries of Togliatti: | ||
Evacuator tariff | ||
Cars up to 3.5t | ||
Minibuses | ||
Additional services | ||
The cost of the downtime of the tow truck due to the fault of the Customer. Standard downtime for loading / unloading - 30 min. (not paid). Payment for every 10 min. | 200 rub / hour | |
Call forwarding (additional car transportation within the city) | ||
Locked wheels (price / wheel) | ||
Fake call (within city limits) | ||
Evacuation outside the administrative boundaries of Togliatti: | ||
Cost of 1 km. delivery of a tow truck (billing and payment in one direction only). Charged in addition to the tariff "Tow truck", "Loader crane". | ||
Refusal to evacuate - false call (cost per 1 km. Of delivery) | 80% of the fare per km | |
Technical assistance within the city of Togliatti: |
||
Calling a technical assistance car to the place of breakdown and diagnostics (determination of a malfunction), the malfunction is not eliminated, a false call. | ||
Technical assistance outside Tolyatti: |
||
Cost of 1 km. delivery of a technical assistance car (payment is charged one way only). Charged in addition to the tariff. | ||
Fake call (cost per 1 km.) | 80% of the fare per km. |
for the provision of services for the evacuation of vehicles
moscow "__" _________ 2007
Hereinafter referred to as the "Customer", represented by _________________________ acting on the basis of ________________________, on the one hand, and LLC Professional, hereinafter referred to as the "Contractor", represented by Director General Khasyanov Marat Irfanovich, acting on the basis of the Charter, on the other hand, entered into this agreement on the following:
1. Subject of the contract
1.1. The Contractor undertakes on its own around the clock, on behalf of the Customer, to provide services for the evacuation of vehicles ( passenger cars, minibuses, and other vehicles, the total weight of which does not exceed 4000 kg.) owned by the Customer or the Customer's customers (third parties), in the city of Moscow and the Moscow region. The Contractor does not evacuate vehicles loaded with explosive or flammable substances and liquids.
1.2. Outside the Moscow region, vehicle evacuation services are made by separate agreement between the Customer and the Contractor.
1.3. From the moment the Customer informs about the need for a specific evacuation and accepts the call by the Contractor, the latter has a corresponding obligation to provide the service provided for in clause 1.1. actual agreement.
1.4. The payer under this agreement is the Customer.
1.5. Telephone of the Contractor's 24-hour dispatch service: ________________
1.6. When providing car evacuation services, the presence of the Customer's representative as an accompanying person is mandatory.
2. Rights and Obligations of the parties
2.1. The customer undertakes:
2.1.1. When submitting an application by phone, indicate:
The name of the person in charge and company name Customer,
Payer's name;
Availability of insurance;
Vehicle brand;
Vehicle registration number;
Vehicle drive (rear wheel drive, front wheel drive);
Transmission type;
The nature of the accident and / or damage to the vehicle;
Person accompanying or driving a vehicle;
Detailed address of the location of the vehicle;
Vehicle delivery address
date and time of delivery of the tow truck
2.1.2. Timely pay the Contractor's bills in the manner prescribed by this agreement.
2.2. The customer has the right:
2.2.1. Receive information from the Contractor about the progress of the service.
2.3. The Contractor undertakes:
2.3.1. Ensure the operation of a round-the-clock control center
2.3.2. Ensure the evacuation of vehicles around the clock according to the Customer's request.
2.3.3. Upon arrival at the place of evacuation, check with the owner or the person (hereinafter referred to as the client) driving the vehicle: (who drove until the moment of the accident, breakdown), the following documents:
Vehicle registration certificate;
Driver's license;
A power of attorney for the right to drive a vehicle or a waybill.
Vehicle completeness
2.3.4. Evacuate the vehicle to the place indicated by the Customer.
The evacuation of insured vehicles damaged in an accident is carried out only after drawing up a protocol by the State Traffic Safety Inspectorate.
2.3.5. Provide the client with a place in the tow truck to accompany the damaged vehicle.
2.3.6. Inform the Customer about the progress of the service.
2.4. The Contractor has the right to involve third parties for the provision of the services provided for in this agreement, subject to prior notification of the Customer of such intention.
2.5. When evacuating a damaged vehicle, the parties draw up an Act indicating all existing damage to the vehicle at the time of its acceptance by the Contractor.
3. Cost of services and payment procedure
3.1. Payment for services is made by the Customer on the basis of invoices (with the attachment of acts) issued by the Contractor.
3.2. The cost of services provided by the Contractor is calculated according to the Contractor's tariffs (Appendix No. 1 to this Agreement)
3.3. Payment of the invoices is made by the Customer within 5 (Five) banking days from the date of their receipt.
3.4. Changes in the cost of services are made by written agreement of the parties, which is integral part contract.
3.5. Mutual settlements upon termination or early termination of the agreement are made by the parties within 20 (twenty) banking days from the date of termination of this agreement.
4. Responsibility of the parties and the procedure for resolving disputes
4.1. In the event of damage or loss of the vehicle during transportation on a tow truck through the fault of the Contractor, the latter will reimburse the amount by which its value has decreased or actual value vehicle if it is lost.
4.2. The Contractor is not responsible for damage caused to the vehicle before loading and after unloading.
4.3. The customer is responsible for the late payment of invoices issued by the Contractor for the services provided, in the amount of 1% of the amount owed for each day of delay in payment. Penalties are charged in case of late payment, starting from the sixth day from the date of invoicing by the Contractor.
4.4. All disputes under this agreement are resolved, if possible, through negotiations. If no agreement is reached, the dispute shall be resolved in the Moscow Arbitration Court in accordance with the current legislation of the Russian Federation.
5. Exemption from liability
5.1. Neither party shall be liable for full or partial failure to fulfill its obligations if it is the result of such circumstances as an earthquake, fire, flood or other natural disaster, as well as military actions, blockades, strikes, or a decision by public authorities, resulting in the impossibility of fulfilling the terms of the contract. The effect of these circumstances must be documented by the relevant competent organization or government authority.
5.2. In the event of the occurrence of the events listed in clause 5.1. the term for the fulfillment of obligations under this agreement is postponed in proportion to the duration of the listed circumstances. The party for which the impossibility of fulfilling obligations has been created is obliged to immediately notify the other party about this, as well as about the expected period of validity and termination of the above circumstances.
6. Confidentiality
6.1. The parties undertake mutual obligations to comply with the confidentiality regime with respect to the information received during the conclusion and execution of this agreement.
6.2. The transfer of information to third parties or other disclosure of information recognized as confidential under this agreement can be carried out only with the written consent of the other party.
7. Duration, amendment and termination of the contract
7.1. This agreement is valid for 1 (one) year from the date of its signing by both parties.
7.2. This agreement may be terminated early:
By agreement of the parties, executed in writing;
On the initiative of one of the parties with a written notice to the other party no later than 1 (One) month before the expected date of termination of the contract;
7.3. Any changes and additions to this agreement are valid if they are made and signed by both parties.
7.4. This agreement is considered terminated, and the parties are released from mutual responsibility only after they fulfill all obligations and carry out final mutual settlements, which is confirmed by the drawing up and signing of the relevant act by the Parties.
8. Other conditions
8.1. The parties are not entitled to transfer to third parties in whole or in part their rights and obligations under this agreement, without the prior written consent of the other party.
8.2. All notifications and messages sent by the parties to each other in connection with the execution of this agreement are carried out in writing.
8.3. The parties shall notify each other in writing about changes in legal addresses, telephone or telefax numbers, bank and other details.
The agreement is drawn up in two copies with equal legal force. One copy for each side.
8.4. The relationship of the parties not regulated by this agreement is governed by the current legislation of the Russian Federation.
9. Legal addresses and bank details parties
Appendix No. 1
to the Agreement for the provision of services for the evacuation of vehicles
№ ________ dated "___" ____________ 2007
Tariffs for car evacuation services.
1. Evacuation and transportation of vehicles within the Moscow Ring Road:
2. Evacuation and transportation outside the Moscow Ring Road for 1 km. with cargo - 30 rubles.
3. Additional charge for loading a vehicle with locked wheels:
1 wheel - 300 rubles.
2 wheels or more - 200 rubles.
4. The cost of waiting or idle time for 30 minutes is 250 rubles.
6. Fake call - 400 rubles.
7. The cost of loading and unloading, evacuation or transportation, which is difficult for any reason, is negotiated separately.
Classification of transported vehicles by groups
| Group | Group attributes | Representatives |
| I | Classes A, B, C according to the European classification of passenger cars (length up to 4400 mm., engine volume up to 2300 cc, engine power up to 169 hp) | VAZ, AZLK, IZH, Ford Ka, Fiat Punto, Opel Astra, VW Bora, BMW 3, Nissan Almera, Toyota Korolla, Mitsubishi Carisma, Renault Megane, Skoda Octavia. |
| II | Classes D and E according to the European classification of passenger cars (length up to 4800 mm, engine capacity from 1600 to 4300 cc, engine power from 75 to 279 hp) | Niva, Ford Mondeo, Opel Vectra, VW Passat, Mitsubishi Galant, Mitsubishi Diamante, BMW 5, Nissan Maxima, Peugeot 406, Renault Laguna, Toyota Camry, Mercedes A, C, E, Subaru Legacy, Skoda SuperB. |
| III | SUVs, minivans, minibuses, light trucks, ATVs, mini tractors, cars of class F according to the European classification of passenger cars (length over 4800 mm, engine capacity up to 6000 cc, engine power up to 394 hp) | Mercedes S, G, M, V, BMV 7, Chrysler 300M, 300C, Lincoln Town Car, Jaguar, Jeep Grand Cherokee, Toyota RAV 4, Suzuki Vitara, GMC Yukon, Peugeot 806, 607, Nissan Terrano, Mitsubishi Pajero, Space Runner , Space Wagon, Lexus RX300, Land Rover Freelander, Rang Rover, Discovery, Defender, Gazelb Sable. |
| IV | Armored vehicles, loaders, tractors. | VW Transporter, Mersedes, Ford Transit, Niva, Gazelle. |
| V | Exclusive, rarities, sports and cars with a low tuning body kit. | Bentley, Lamborghini, Porsche, Ferrari, Hummer, Jaguar, Lotus, Maybach, Rolls-Royce, Chaika, ZIL, ZIS. |
The page presents, relevant in 2020, The form of an agreement for the provision of services for the evacuation and transportation of vehicles, concluded between legal entities. You can download it to yourself at any time in .doc, .rtf or .pdf format, the file size of the document is 26.4 kb.
- Subject of the contract
- Rights and obligations of the parties
- Contract price, settlement procedure and reporting
- Responsibility of the parties
- Force Majeure
- Contract time
- Final provisions
- Legal addresses and bank details of the parties
- Signatures of the parties
AGREEMENT FOR THE PROVISION OF SERVICES for the evacuation and transportation of vehicles
city \u200b\u200b_______________
"_____" _______________ 2016
______________________________ represented by ______________________________, acting on the basis of ______________________________, hereinafter referred to as " Customer", On the one hand, and ______________________________ represented by ______________________________, acting on the basis of ______________________________, hereinafter referred to as" Executor", On the other hand, hereinafter referred to as the" Parties ", have entered into this agreement, hereinafter referred to as the" Agreement ", on the following:1. THE SUBJECT OF THE AGREEMENT
1.1. At the request of the Customer, the Contractor renders services for the transportation (hereinafter - Evacuation) of vehicles, hereinafter - "TS" belonging to the Customer.
1.2. In the context of this Agreement, "evacuation" means the performance by the Contractor of the following actions:
- departure and arrival of the Contractor's evacuator intended for transporting the vehicle to the place specified by the Customer;
- loading the Customer's vehicle onto the tow truck platform using a winch mechanism from the road surface or adjacent territory;
- transportation and delivery of the Customer's vehicle on the tow truck platform to the destination specified to the Contractor's dispatcher by the Customer;
- unloading of the Customer's vehicle from the tow truck platform onto the roadway or adjacent territory.
1.3. The evacuation of the vehicle, taking into account the provisions of clause 1.2 of this Agreement, also implies the provision by the Customer and at his expense of the possibility of unimpeded access of the tow truck to the location of the vehicle to be evacuated, as well as to the place of unloading of the evacuated vehicle. If failure to comply with the provisions of paragraph 1 of this clause will lead to the impossibility of carrying out loading and unloading operations, then the Contractor has the right to refuse to provide evacuation services declared by the Vehicle, while retaining the right to pay the agreed cost by the Customer. Evacuation of the vehicle may be carried out by the Contractor in the case when it is difficult to approach the location of the vehicle to be evacuated. In this case, the Contractor has the right to demand payment by the Customer additional costs in accordance with the tariffs for evacuation services, hereinafter referred to as "tariffs".
1.4. An application for the evacuation of a vehicle damaged as a result of a traffic accident is accepted only after the traffic accident has been registered by the traffic police in the manner prescribed by law (an accident notification must be completed, a certificate of participation in an accident and a protocol must be issued).
1.5. Evacuation is carried out if the accompanying person has an identity document, a certificate of registration of the vehicle, a waybill (in cases established by the Law), an OSAGO insurance policy and a power of attorney for the right to perform such actions with the vehicle.
1.6. Services are provided around the clock, every day, including weekends and holidays.
1.7. Evacuation request.
1.7.1. The application for evacuation is made by the Customer at least one hour before the start of the provision of services, and is considered accepted by the Contractor after the Contractor informed the Customer about the possibility of executing the application. In exceptional cases, more urgent applications may be accepted for execution at the discretion of the Contractor, if it is possible to execute them.
1.7.2. To fulfill the request for evacuation by the Contractor, the Customer must provide the following information:
- surname, first name, patronymic of the person in charge transmitting information on the order;
- last name, first name, patronymic of the person authorized to transfer and receive the vehicle after its actual unloading from the tow truck;
- brand, model, color, registration number Vehicle, gearbox type;
- major damages, malfunctions that prevent the vehicle from moving under its own power;
- location of the vehicle to be evacuated, exact address;
- place of delivery of the vehicle to be evacuated, exact address;
- the presence and nature of difficulties when approaching the place of evacuation of the vehicle.
1.8. Vehicle evacuation services are carried out on the territory of the Russian Federation.
1.9. The Contractor has the right to provide the services specified in clause 1.2 of this Agreement personally or involve third parties in the performance of his duties. The Contractor is responsible for the activities of third parties involved in the execution of this Agreement.
1.10. Contractor's contact information: ______________________________.
1.11. Customer contact information: ______________________________.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Contractor undertakes:
2.1.1. Qualitatively, on time, in accordance with the terms of this Agreement, provide services for the evacuation of the Customer's vehicle.
2.1.2. After accepting the application for evacuation, submit a serviceable tow truck to the place indicated in the application or agreed by the Parties, no later than one hour after the application is accepted for execution within the city of ____________________, and at the rate of 1 hour for every 30 km of run - outside the city of ____________________ ... In the event of traffic congestion, the Contractor informs the Customer about the increase in the time required for the delivery of a tow truck. The Contractor is not responsible for being late to the place of evacuation.
2.1.3. When leaving upon request, take all reasonable measures to locate the Customer's vehicle. If the vehicle cannot be found at the specified address, contact the contact person of the Customer, clarify the initial data and agree on further actions.
2.1.4. Provide round-the-clock work of the dispatch service.
2.1.5. Ensure the safety of the vehicle during evacuation (from the beginning of loading the vehicle onto the platform of the Contractor's tow truck, until the end of its unloading from the tow truck onto the roadway or adjacent territory). The Contractor undertakes to immediately inform the Customer and report to the authorities (traffic police, police) authorized to investigate the relevant incident, about cases of damage or theft of the Customer's vehicle during its evacuation. In case of damage to the Customer's vehicle, ensure the execution of a protocol (act) containing the name, address and telephone number of the guilty party, a list of damage to the Customer's vehicle.
2.1.6. Issue invoices to the Customer, sign Acts of services rendered, in the manner and terms established by this Agreement.
2.2. The customer undertakes:
2.2.1. Send Applications to the Contractor in the prescribed form, within the established time frame, as well as other information necessary for the provision of services.
2.2.2. Provide the possibility of constant communication between the Contractor and the Customer's contact person by phone from the moment the application is accepted until the order is fully completed
2.2.3. Timely and in full pay for the services rendered in accordance with the terms of this Agreement.
2.2.4. Sign the Acts on the services rendered, drawn up on the basis of the approved information about the services provided to the Customer.
2.2.5. No later than __________ calendar days, notify the Contractor in writing about all deficiencies identified in the process of providing services. Failure to notify or inappropriate notification deprives the Customer of the right to further refer to them.
3. PRICE OF THE CONTRACT, PAYMENT PROCEDURE AND REPORTING
3.1. The tariffs have been agreed by the Parties and are defined in Appendix No. 2 to this Agreement. The cost of services not specified in section 1 of this Agreement is negotiated by the Parties separately in each specific case.
3.2. Changes in tariffs can be made by the Contractor unilaterally with the obligatory notification of the Customer.
3.3. Reporting period under this Agreement is one month. Every month, before the __________ day of the month following the reporting month, the Contractor provides the Customer with an invoice, a Certificate of Services Rendered, (the form of the Certificate is set in Appendix No. 1 to this Agreement) dated on the last day of the reporting month. The Contractor issues an invoice for payment based on the volume of actually rendered services, on the basis of the Act on the services rendered.
3.4. The Customer, no later than __________ working days after receiving the documents specified in clause 3.3 of this Agreement from the Contractor, signs the Certificates of Services Rendered and sends the Contractor the Certificate or a reasoned refusal to sign it.
3.5. Payment by the Customer for the services rendered is made within __________ banking days after receiving the invoices, based on the signed Acts on the services rendered. Under this Agreement, the day of payment is the day when funds are debited from the Customer's current account to the Contractor's current account.
3.6. Mutual settlements upon expiration or early termination of this Agreement are made within __________ banking days from the date of termination of the Agreement, on the basis of the Statement of Reconciliation of Mutual Settlements.
4. LIABILITY OF THE PARTIES
4.1. For non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the provisions of this Agreement and the current legislation of the Russian Federation.
4.2. For late payment under this Agreement, the Customer shall pay a penalty in the amount of __________% of the amount to be transferred for each day of delay in payment based on a written claim.
4.3. In the event of a false call, the Customer pays a fine in the amount established in the Tariffs.
4.4. The payment of the forfeit does not relieve the Parties from the proper performance of the obligations assumed under this Agreement.
5. FORCE MAJEURE
5.1. The Parties are exempt from liability for partial or complete failure to fulfill their obligations under this Agreement if this failure was a consequence of circumstances caused by force majeure that arose after the conclusion of the Agreement as a result of emergency events that the relevant party to the Agreement could neither foresee nor prevent available to it. reasonable measures. Such events of an extraordinary nature in the context of this Treaty include: flood, fire, earthquake, explosion, storm, soil subsidence, epidemics and other natural phenomena, war, hostilities, the imposition of a state of emergency or martial law on the relevant territory, changes in legislation or other regulatory acts governing the terms of this Agreement, other events that could not be prevented by the forces and means at the disposal of the Parties.
5.2. The Party for which the events of an extraordinary nature have developed is obliged, within a reasonably short period of time, not exceeding __________ days, to notify the other Party about the occurrence, the estimated time of action and the end date of these events, attaching a certificate from the relevant state body about the fact of occurrence of an emergency event. In the absence of timely notification of the occurrence of events of an extraordinary nature, the guilty Party is obliged to compensate the other Party for losses caused by failure to notify or untimely notification.
5.3. The onset of circumstances caused by the action of force majeure entails the extension of the term of this Agreement for the period of the specified circumstances.
6. DURATION OF THE CONTRACT
6.1. This Agreement enters into force from the moment of its signing by the authorized representatives of the Parties, and is valid until "_____" _______________2016, while the provisions of this Agreement apply to the relations of the Parties arising on the basis of the Agreement and not fulfilled at the time of termination of its validity.
6.2. If, no later than __________ calendar days before the expiration of this Agreement, none of the Parties requests its termination, this Agreement is considered extended for one year on the same terms.
6.3. This Agreement may be terminated ahead of schedule by agreement of the Parties and on the grounds provided for by this Agreement.
6.4. Each of the Parties has the right to refuse to execute this Agreement by written notification to the other Party no later than __________ calendar days prior to the expected day of early termination. At the same time, the Parties are obliged to make all the necessary mutual settlements on the day of termination of this Agreement, taking into account the services actually provided.
7. FINAL PROVISIONS
7.1. All disputes and disagreements that may arise during the execution of this Agreement, the Parties strive to resolve through negotiations. If it is impossible to resolve the dispute through negotiations, the Parties turn to the Arbitration Court of ____________________ for its resolution on the merits in accordance with the current legislation of the Russian Federation.
7.2. All terms of this Agreement, as well as the content of negotiations between the Parties during its implementation are confidential and are not subject to disclosure by the Parties, except as otherwise provided by the legislation of the Russian Federation.
7.3. Neither Party shall have the right to transfer its obligations under this Agreement to third parties without the written consent of the other Party.
7.4. All changes and additions to this Agreement have equal legal force and are an integral part of it if they are executed in writing and signed by authorized representatives of the Parties.
7.5. Either of the Parties has the right at any time to apply to the other Party with a request to reconcile mutual settlements, the refusal of which is regarded as a material violation of the terms of this Agreement. In case of early termination of the Agreement, regardless of the reasons for termination, as well as upon the expiration of this Agreement, regardless of its prolongation, reconciliation of settlements between the Parties is mandatory.
7.6. This Agreement is made in two original copies, each of which has equal legal force, one for each Party.
Current regulations road traffic operation prohibited road transport with faulty control systems and brakes.
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How to deliver the vehicle to the place of repair, if malfunctions appeared during the movement or after a traffic accident?
The delivery of the vehicle is carried out by specialized firms on a special vehicle - a tow truck. To receive an evacuation service, you must conclude an appropriate contract.
In what cases is it necessary
An agreement for the provision of evacuation services is concluded if:
- during the use of the car, malfunctions were identified, the movement with which is prohibited by the rules;
Such malfunctions include: problems with the steering, with the braking system (except for the parking brake), with a faulty hitch, if the car is part of a road train.
- during the operation of the car, other problems were found that exclude the possibility of further independent movement. For example, a wheel is punctured;
- the vehicle cannot move on its own after a traffic accident.
Forced evacuation, which is carried out by law enforcement agencies in case of detection of offenses by the driver, is carried out without preliminary drawing up of a contract. In this situation, the main document is the protocol.
Between whom is
An evacuation agreement is concluded between:
- a specialized company that provides the relevant services (contractor);
- the owner of the vehicle (contract customer), regardless of his legal status (legal or individual).
In addition to the car owner, the right to conclude an evacuation agreement are:
- the driver of the car specified in the contract for;
- a representative of the car owner acting on the basis of a written power of attorney.
Terms of the vehicle evacuation agreement
The main terms of the contract for the evacuation of vehicles are:
- The subject of the contract is the provision of evacuation services, which include:
- the arrival of a special vehicle - a tow truck belonging to the contractor at the place indicated by the customer when filling out the application;
- loading of vehicles onto the tow truck platform. As a rule, the way of loading the car is determined at the place of service provision, but it can be agreed in advance;
- delivery of vehicles to the specified place (repair shop, parking lot, and so on);
- unloading the vehicle at the place specified by the customer.
- Rights and obligations of the contractor (company providing evacuation services):
- the company must work around the clock to provide the necessary assistance as soon as possible. Accepting transfer requests vehicle carried out by the dispatcher of the organization by phone, through the form feedback on the website or in person (pre-registration);
- timely delivery of evacuation vehicles. As a rule, when providing a service within a settlement, a tow truck is served within 1 hour, and outside the city, the time of delivery of specialized transport is determined based on the distance to the location of the car (1 hour is allotted for every 30 km of the way);
- the company undertakes to ensure the safety of the evacuated vehicle during the implementation of the entire list of required work (loading, unloading, moving, and so on);
- for the work done, the evacuation company has the right to issue an invoice to the customer for the services rendered. The cost of services is determined by the rules of the company and is negotiated at the stage of concluding a contract.
- Rights and obligations of the customer of the contract:
- timely notification of the contractor about the need to evacuate the vehicle. The waiting time for specialized transport starts counting only after the receipt of an application from the customer;
- inform the contractor all the information necessary for proper transportation: about the place of the accident, about the existing breakdowns, about the condition of the car, if evacuation is carried out after a road accident, and so on;
- timely pay for the services rendered. The details for payment of the invoice are indicated in the contract, as additional Information... Payment can be made in any way convenient for the customer: through a bank, ATMs or terminals, online, and so on.
- The cost of the contract. If the evacuation of a car is a one-time service provided by a specialized company (for example, after), then the customer pays in accordance with the approved rates of the company (as a rule, rates are an annex to the contract). If a service agreement is concluded between the car owner and the company, which includes evacuation (for example, at registration), then payment for services is made in accordance with the rules established by the main contract.
- Terms of payment for the services rendered by the tow truck. If the customer has not paid within the specified period, then the contractor has the right to increase the cost of services by applying penalties (charging a penalty).
- Force majeure circumstances, which include:
- fire;
- earthquake;
- flood;
- explosion;
- storm;
- the conduct of hostilities;
- subsidence of soil;
- epidemics;
- changes made to current legislation and so on.
- The term of the enforceable agreement. When concluding a one-time contract, the validity period of the document ends immediately after the parties fulfill all the obligations provided for by the document.
When concluding a long-term contract, the validity period is chosen by the parties independently and is indicated in the document.
To provide services under the current contract, a preliminary application is required in person or by phone (with subsequent written registration).
The application must indicate:
- the name of the contractor and the customer (if the customer is an individual, then the full name, registration address and contact phone number are indicated);
- the distinctive characteristics of the vehicle requiring evacuation: make, model, state number and so on, as well as a description of the location of the vehicle (approximate address) and the delivery address of the vehicle;
- additional information about the nature of the damage, the reasons for the inability to move the car on its own, and so on.
- details of the customer and the contractor;
- date of evacuation of the vehicle;
- cost of services.
- evacuation rules on the basis of which the contractor works. The rules reflect the procedure for carrying out loading and unloading operations, moving the vehicle on the platform of which the car is located, and so on;
- company tariffs that determine the cost of the services provided by the contractor;
- application forms received from the customer and the act of the work performed by the contractor.
After the provision of services, the company draws up an act that is the basis for payment. The document indicates:
The act is signed by both parties, if the customer of the evacuation has no complaints about the quality of the services provided.
Any contract, including for the provision of tow truck services, is supplemented by various applications.
In the contract under consideration, applications are:
How to fill in correctly
The contract for the provision of services for the evacuation of a vehicle is drawn up by the company's lawyers and has a standard form.
When concluding a contract, it is important to correctly reflect:
- Customer details (full name and name legal entity, address, contact numbers, full name and position of the representative, and so on).
- All the main terms of the agreement: cost, payment procedure, waiting time after the application, and so on (filled in the relevant sections of the document).
- Details of the parties.
- Signatures of the parties.
Responsibility of the parties
The contract for the provision of services for the evacuation of a vehicle also assumes the responsibility of the parties, which occurs in the event of non-fulfillment or improper fulfillment of the main conditions of the concluded agreement.
According to this clause:
- The contractor is responsible for:
- safety of the vehicle and safety of property in the car during evacuation (including equipment installed on the car additionally). If, as a result of loading and unloading operations or transportation, the car or any other property belonging to the car owner (driver) has been damaged, the company pays compensation in full (as estimated);
- the correctness of the evacuation. Each company operates according to clearly developed rules detailing the procedure for loading, transporting and unloading a vehicle. Deviation from the developed rules entails the imposition of penalties.
- The customer is responsible for:
- late payment of the cost of services rendered. In case of delay, additional penalties are imposed on the customer, increasing the total amount owed;
- the reliability of the submitted application. Fake call of a tow truck is punished with penalties.
By fake call, most companies mean:
- cancellation of the application less than 60 minutes before the time appointed by the contractor / customer;
- absence of the customer in the place specified in the application;
- indication in the application of the wrong address of the location of the vehicle to be evacuated.
How disputes are resolved
If any disagreements arise between the parties during the execution of the contract, the following settlement procedure is provided:
- through negotiations. A party that does not agree with the actions of the other party may send a written claim, which, in accordance with the legislation of the Russian Federation, must be considered within 30 days;
- with the help of the court. If the claim is left without consideration or the response received does not satisfy the parties to the contract, then the customer / contractor has the right to file a claim with the court.
As a rule, such disputes are considered arbitration court at the place of registration of the defendant.
To file a statement of claim, it is necessary to collect a package of documents explaining the essence of the claim, the response received and containing the evidence base. The court decision is binding on the parties to the contract.
- The contractor is responsible for: