2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
Before shipping the goods, an appropriate contract must be signed between the sender and the recipient. Any manufactured product must be delivered to its destination. After signing, an act is drawn up for the acceptance and transfer of goods and other required documentation. The article will tell you what the shipment of goods is. We will decide how to draw up documents correctly and in accordance with the existing laws of the Russian Federation.
Articles of the law governing the rules for loading and unloading
- Article 506 of the Civil Code of the Russian Federation states: the contractor who signed the supply contract is obliged to deliver the goods to the recipient (buyer) within the agreed time frame.
- Article 509 of the Civil Code of the Russian Federation states that delivery is a shipment and the moment of transfer to the party specified in the contract.
- Article 223 of the Civil Code of the Russian Federation states that the parties who have entered into an agreement can discuss in the text of the agreement at what point the ownership of the product will be transferred from the seller tobuying side.
From this we conclude: the shipment of goods is a process in which the transfer of products takes place. It is produced immediately by the selling party or transferred to the carrier for delivery to a specific person or organization.
Examples:
- The company that performs the transportation delivers the goods to a certain point (city, town), where the buyer becomes the owner of the goods. From this place, the buyer delivers the goods received by his own transport to his warehouses or to other places he needs.
- The carrier delivers the goods to the warehouse or other place for storage to the buyer. From this moment, the buyer becomes the owner of the received products.
Why is this important?
The moment when the right to property passes from one person to another is very important in the contract when selling products of any kind. In the process of transportation, the risks are very high and can amount to large losses. The goods being transported may be lost, damaged, damaged, or some of their elements and parts may fail. This may adversely affect the appearance of products. It is this factor that requires such risks to be specified in advance, so that it is clear who is responsible for them and pays for them.
This is where the most important moment comes - correctly executed documents for the shipment of goods by the supplier. If everything is done in accordance with the law, then, if necessary, such documents will become evidence of your innocence or innocence in court. This will enable one of the parties to the contract to compensate for the damage suffered.
Concept of contract
The primary document by which the supply or sale of goods between organizations can begin is a contract. Both buying and selling involve the delivery of products to a certain place in the future.
Contracts of this type are drawn up if the seller himself manufactures these products.
To ensure that the shipment is not complicated, it is necessary to clearly indicate in the contract itself what this product is. It should be described in detail in the documentation that is filled out for the shipment of the goods and in the invoices for it.
Without such a description, the contract may be invalidated if, in case of disagreement on payment of the resulting damage, it is referred to the arbitration court.
How the goods being transported are correctly described
The following should be specified:
- compliance of the transported products with the all-Russian classification;
- compliance with GOST;
- compliance with technical parameters;
- availability of technical passport;
- required certificates from the catalog of the supplying company.
It is imperative to indicate the quantity of goods indicated in the contract and its price.
When drawing up a descriptive part of the documentation regarding the quantity of goods, it is advisable to coordinate this moment with the sender.
Please note when transporting
The product must comply with all the parameters specified by the signedcontract. If this condition is not met or there is no description in the documents, difficulties may arise.
For example, an unforeseen situation has occurred, damage has been caused, and a statement of claim has been sent to the court. In litigation, such subtleties become decisive in the process. The court has the right, in the absence of a part specifically designating the goods in the contract, to recognize it as not concluded.
This will not be the best solution for either party, so care should be taken when drafting the transaction documentation.
Must be specified:
- availability of assortment or number of sets;
- delivery deadlines;
- price of item.
having drawn up a contract for the shipment of goods from a warehouse, a specification must be attached to it. This concept means the name of each product and its quantity, which is transported. It is permissible to indicate in the document some other features characteristic of these goods.
Basic rules
The most important thing when shipping a product is to maintain quality and transfer to the carrier.
This requires:
- Strict adherence to the rules that exist. Transported products must be packaged, labeled and sealed.
- When shipping goods in warehouses, be sure to check its quantity and specify the exact weight of the goods and its packaging.
- When transferring the goods, you must fulfill all the requirements established during this procedure.
- The document mustcorrectly display the quality of the transported goods.
- When shipping, the numbers in the documentation must match the product that is available.
- Accompanying papers for goods can be transferred to the recipient or sent by mail. The main thing is that the signed contract should contain a clause with such conditions.
- All applicable transport regulations must be observed without fail.
Shipping clearance
The main document for the shipment of goods to the buyer, in addition to the contract, must be an acceptance certificate, which indicates that the acceptance of the goods will be carried out at the place indicated by the seller. The act indicates its quality, characteristics and quantity, which is prescribed in the existing contract between the sender and the carrier. This type of contract must have the signatures of authorized persons who are appointed by orders of the heads of enterprises.
The second document is the packing list. It describes the packaging of the product. The same document must contain a list of goods, weight in containers and without it, what number it has, article or catalog number. The document is made in triplicate. One is an accompanying document. Two other copies are packed in a container and sent with the goods.
The following documents are required for transportation:
- Form TORG-12.
- Invoice.
- Consignment note No. 1-Т.
- Certificate, technical data sheet.
- Receipt certifying payment for the goods.
Documentation
There are a number of points that are important to know when preparing documents for the shipment of goods:
- The accounting department must compile and issue all the necessary documentation approved by law for this type of operation.
- If payment is made in cash, they must be paid by issuing a cashier's check.
- Usually, all terms of delivery that are relevant to the carrier of the cargo must be specified in the contract.
- Transport can be ordered by the seller or the buyer. There are cases when one of the parties takes over the transportation.
- The company carrying the goods must issue an invoice for the goods being transported.
It should be noted that the buyer must issue a power of attorney to receive their representative.
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