Model Agreement on Engineering Transportation Contract-Shipper (Party A): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Carrier (Party B): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
On the basis of equality, voluntariness and unanimity, both parties to the contract have reached the following agreement on earthwork transportation of expressway construction project:
Article 1 Transportation tasks
Party B shall be responsible for the earthwork transportation task of the _ _ _ _ bid section of a construction project in expressway, and the transportation volume undertaken by Party B shall be calculated according to the actual transportation volume during the performance of the contract.
Earthwork transportation contract.
Party A will uniformly allocate, manage, dispatch and direct Party B's transportation tasks according to the requirements of operation time, operation place, working face, project progress and transportation volume determined by the project, and Party B must obey them.
Article 2 Term of Contract
Starting from _ _ _ _ _ _ _ _
Article 3 The starting and ending places of transportation
Origin: _ _ _ Arrival: _ _ _
Article 4 Transport vehicles
Party B shall provide _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Vehicles should be equipped with dust and splash protection devices.
Article 5 Freight settlement
The freight is calculated at _ _ _ _ _ yuan/ton _ _ _ _ _ _ kilometers.
Taxes and fees arising from earthwork transportation under this contract shall be borne by Party B. For the freight paid by Party A, Party B shall issue transport invoice.
Monthly settlement. Settle before _ _ _ every month and pay the freight of last month.
Article 6 Transportation quality and safety
Party B must complete all transportation tasks according to the work plan, working hours, working face, transportation destination and transportation quantity specified by Party A. ..
During the performance of the contract, Party B must ensure the transportation safety. Party B shall be responsible for all kinds of personal and property safety accidents.
Article 7 Fuel supply
The fuel required for Party B's transportation vehicles shall be provided by Party A at the national price, and the fuel cost shall be borne by Party B, which shall be withheld and remitted by Party A from Party B's freight.
Article 8 Contract security deposit
In order to ensure the smooth performance of this contract, Party B shall pay Party A a deposit of RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. After receiving the above deposit, Party A shall issue a deposit receipt.
After the expiration of the contract, the above deposit shall be returned by Party A (except for liquidated damages and other expenses that should be withheld by Party A).
Article 9 Transportation management
1. Party B's transport vehicles must obey the unified management, dispatch and command of Party A, strictly abide by the traffic rules of the construction site, actively maintain the traffic order of the construction site, and ensure the smooth flow of roads and transport safety on the construction site. No parking, leaning, loading and unloading at will, no road grabbing or overloading. During transportation, transport vehicles shall not cause dust pollution, road pollution and noise pollution to the surrounding areas.
2. Party B shall complete all transportation tasks on time, with good quality and quantity.
3. Party B shall be responsible for Party B's accommodation and parking space, and the expenses shall be borne by itself.
4. The earthwork transported by Party B shall be counted in Party B's daily transportation ledger after being measured by the weighbridge designated by Party A. The daily transportation ledger shall be signed by the handling personnel designated by Party A and Party B. The transportation quantity and mileage recorded in the above ledger will serve as the benchmark and basis for future freight settlement between both parties.
5. The transportation operation time of Party B's transport vehicles shall be arranged by Party A in a unified way, and a punctual operation system shall be established, and Party B shall not be late or leave early. If it is really necessary to suspend the transportation operation due to vehicle maintenance or other special reasons, a written application shall be submitted to Party A one day in advance, and the transportation operation can be suspended only after Party A's approval. ..
Article 10 Liability for breach of contract
1. After this contract comes into effect, neither party shall terminate this contract without authorization or terminate the performance of obligations in advance, except for the reasons for dissolution stipulated by law or the matters agreed in this contract. Otherwise, the observant party may require the other party to continue to perform this contract. Moreover, if Party A terminates this contract or terminates the performance of contractual obligations without authorization, it shall return the contract deposit to Party B; If Party B terminates this contract or terminates the performance of contractual obligations without authorization, the paid contract deposit will not be refunded.
2. Both parties to the contract shall not use false records, false measurement or other methods to falsely report the transportation quantity. Otherwise, except for the transportation quantity of the false part, it shall not be used as the basis for freight calculation, and the liquidated damages that the breaching party shall bear shall be calculated at ten times the freight quantity of the false part.
3. Party A shall pay the freight to Party B in time according to this contract. Otherwise, Party B shall not only pay Party B the freight in time, but also pay interest on the unsettled part of the freight according to the bank loan interest rate standard for the same period. The calculation time of interest is from the date of payment of liquidated damages by Party A to the date of actual payment and settlement of arrears.
4. The vehicles transported by Party B shall enter the construction site within the specified time as required by Party A, and the transportation operation shall not be delayed. Otherwise, Party A has the right to unilaterally notify Party B to terminate this contract in advance, and the contract deposit paid by Party B will not be refunded.
5. After the contract expires, Party B's transport vehicles shall be evacuated from the construction site within the specified time as required by Party A without delay. Otherwise, the contract deposit paid by Party B does not need to be returned.
6. Party B has the legal ownership of the transportation vehicles provided by it, and the vehicles have obtained the national road operation and earthwork construction permits, and all relevant vehicle insurances have been purchased in accordance with national laws and policies. Otherwise, Party A has the right to unilaterally notify Party B to terminate this contract in advance, and the contract deposit paid by Party B will not be refunded.
7. If Party B's transport vehicles do not obey Party A's unified deployment, management, dispatching and command, which hinders the traffic and transportation order on the construction site, Party A shall pay a penalty of RMB _ _ _ _ _ _ _ _ _ _ _ (RMB: RMB _ _ _ _ _ _ _) for each investigation, and deduct it from Party B's freight or contract deposit.
8. Party B's transport vehicles must be loaded and unloaded at the designated place according to Party A's instructions, and shall not be loaded and unloaded at will. Otherwise, Party A has the right to exclude the transportation volume of Party B's non-fixed loading part from Party B's transportation ledger; In case of non-fixed unloading, Party B shall also be responsible for clearing the earthwork of the non-fixed unloading part and transporting it to the designated place for unloading.
During the performance of the contract, if Party B breaches the contract for more than _ _ _ _ _ _ _ (including three times), Party A has the right to unilaterally notify Party B to terminate the contract in advance, and the contract deposit paid by Party B will not be refunded.
In addition to the above liabilities for breach of contract, Party A has the right to collect liquidated damages from Party B according to the standard of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
9. Party B must ensure that the fuel provided by Party A to Party B in accordance with Article 7 of this contract is used for the earthwork transportation task of this contract and shall not be used for other purposes. Otherwise, Party A has the right to terminate the fuel supply to Party B. ..
10. If Party B stops transporting vehicles for more than _ _ _ _ hours (including _ _ _ _ hours) without Party A's consent, Party A has the right to unilaterally notify Party B to terminate this contract in advance, and the unsettled freight will no longer be settled and paid, and the contract deposit paid by Party B will no longer be required to be returned.
1 1. If the transportation vehicles of Party B cause dust pollution, road pollution or noise pollution in the surrounding environment, and the relevant departments impose administrative fines, Party B shall bear it. If losses are caused to Party A, Party A has the right to claim compensation from Party B, which can be deducted from Party B's freight or contract deposit.
Article 11 Settlement of disputes
In case of any dispute during the performance of this contract, both parties shall settle it through consultation in time. If negotiation fails, either party has the right to bring a lawsuit to the people's court of Party A's domicile and solve it through legal procedures.
Article 12 Other agreements
1. For matters not covered in this contract, a written supplementary agreement can be signed separately after both parties reach an agreement through consultation.
2. This contract shall come into effect after being signed by both parties or their signature representatives. In duplicate, each party holds one copy.
Shipper (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Carrier (signature): _ _ _ _ _ _ _ _ _ _ _ _ _ _
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Model 2 of engineering transportation contract: Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _.
Party A entrusts the earthwork transportation task of Yulin Lingnan Paradise Co., Ltd. to Party B for construction. In accordance with the provisions of _ _ _ _ _ _ _, following the principles of equality, voluntariness, notarization and honesty and trustworthiness, this construction contract is signed by both parties through consultation, and * * * shall abide by it jointly.
First, the unit price
The transportation distance of the first and second types of soil in this project is within _ _ _ _ _ kilometers, and it is _ _ _ _ _ yuan per cubic meter, and the transportation distance is increased by RMB per cubic meter for every additional L kilometers; It is difficult to hook out the _ _ _ _ _ yuan per cubic meter of soil to be blasted with a hook machine, and this unit price is the after-tax price.
Second, the settlement method
L, once a week, the date is _ _ _ _ _ _ _ _ _ _ _ _.
2. Party A shall prepay the entrance fee for Party B's motorcade, which is _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
3, according to the actual situation, cash payment or transfer payment.
4. quit. After the completion of the project meets Party A's requirements, Party A shall settle accounts within 3 days and pay off the arrears of project funds.
Third, the construction cycle
Except for rainy days and special circumstances, this project will be completed in * * * days. If the construction period is delayed due to Party A's reasons, the construction period will be postponed after negotiation between both parties.
Fourth, the approach arrangement
Within three days after Party B's vehicles enter the site, Party A must arrange the motorcade to start work. If the work is not arranged for more than _ _ _ _ days, Party A shall compensate Party B for _ _ _ _ _ yuan per vehicle every day until the work starts. After the arrival of Party B's motorcade, if Party A fails to start work or causes project delay for other reasons, Party A shall compensate Party B for the economic loss of _ _ _ _ _ _ _.
Verb (abbreviation for verb) The responsibilities and obligations of both parties.
Any other payment outside the contract can not be enforced by either party, and can only be enforced by mutual consent under reasonable circumstances.
Party A's responsibilities:
1. Ensure the smooth working site, smooth water supply, power supply, roads, complete road safety facilities and living facilities, and ensure that Party B can enter the site smoothly.
2. Coordinate Party B's work, review the construction operation plan, supervise and guide the construction, be responsible for the regular maintenance of the construction pavement and the aftermath of the local people, and keep the traffic smooth.
3. Responsible for coordination with relevant departments of local government, such as traffic police, transportation management, road administration, urban management, environmental protection, etc. If there is any car seizure, Party A is responsible for assisting in solving it. Party B's responsibilities:
1. Work under the unified arrangement of Party A, listen to the arrangement of Party A, and don't make your own decisions.
2. Pay attention to the regular maintenance and inspection of vehicles and pay attention to safety. Party B is responsible for all accidents, and Party A is not responsible.
3. When Party B's economy has nothing to do with Party A, the economic losses caused to Party A shall be borne by Party B. However, Party A shall be responsible for any disputes arising from the failure to pay the project payment on time.
Liability for breach of contract of intransitive verbs
1. If Party A fails to measure or delay the payment of project funds without any reason, Party B has the right to ask for settlement, which will be regarded as Party A's breach of contract and Party B's motorcade will stop working. Party A shall pay Party B RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. After Party B's motorcade enters the site, Party A shall not subcontract the project to others in any way, otherwise Party A shall compensate Party B for all economic losses.
3. If Party B fails to perform its responsibilities and obligations, resulting in delays, work stoppage and other undesirable phenomena, Party B must do its utmost to take effective measures in time to meet Party A's requirements within the rectification time proposed by Party A to Party B.. Otherwise, Party A has the right to impose a fine of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
4. Both parties shall abide by the contract credit, put an end to dishonest behavior, and urge both parties to be dedicated and law-abiding. Both parties shall perform their respective duties under the smooth progress of the project and shall not interfere in each other's internal affairs. Either party shall not commit deviant acts, or the responsible party shall compensate the other party for all the economic losses caused to the other party.
Seven. Termination of contract
1. Under normal circumstances, Party B must obey the instructions of Party A, start work reasonably, and cannot strike without reason, otherwise Party A has the right to terminate the contract.
2. If Party A and Party B unilaterally terminate the contract without reason, they shall compensate the other party for economic losses.
Eight, other provisions
1. Matters not covered in this contract shall be settled by both parties through consultation. In case of any inconsistency, the relevant provisions of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ shall prevail.
2. This contract is made in duplicate, with each party holding one copy. If there is any supplement, an annex to the supplementary contract shall be signed separately, which has the same legal effect.
3. After the execution of this contract is completed, the payment is settled and paid off, and both parties have fully fulfilled their obligations under this contract, this contract will automatically become invalid.
Supplementary Agreement: This project is free of Party B's funds, deposit and all expenses. If both parties sign this contract amicably and enter the site within three days after being notified by Party A, this contract will automatically become invalid and this contract will not bear any economic responsibilities.
Party A (official seal): _ _ _ _ _ _ _ _ _ _ _ _ Party B (official seal): _ _ _ _ _ _ _ _.
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Model III of Engineering Transportation Contract Both parties to the contract:
Shipper: _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party A) Carrier: _ _ _ _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party A)
In accordance with the provisions of _ _ _ _ _ _ _ _ _ _ _
Article 1 Name, specification, quantity and price
Contract price: tentatively set at _ _ _ _ _ _ _ _, and the final price is subject to the actual shipment quantity and the amount audited by the superior department of the shipper.
Article 2 Place of shipment of goods
________
Article 3 Date of shipment of goods
Starting from _ _ _ _ _ _ _ _
Article 4 Transportation quality and safety requirements
The carrier must be responsible for the quality of the goods during transportation, and reselling is strictly prohibited. For all external traffic accidents and personal injuries and deaths on the way, the shipper will not bear any responsibility and economic losses, and all will be borne by the carrier.
Article 5 Responsibilities and Methods of Loading and Unloading Goods
Party B is responsible for loading and unloading. Article 6 Receiving and acceptance method of the consignee: The carrier transports the goods to the construction site designated by the shipper, and the shipper uniformly accepts, weighs, calculates the quantity and issues invoices. Otherwise, the shipper will not accept and calculate.
Article 6 Transportation expenses and settlement methods
: Calculate the expenses according to RMB/ton ÷km (all expenses incurred by the vehicle: fuel, spare parts, repair and crossing the bridge can be borne by the carrier). After the completion of the project, the consignor will make a one-time settlement according to the actual hauling quantity, the carrier will provide the consignor with a tax invoice, and the carrier will conduct an audit in the audit department at the higher level of Party A, and the audit amount will be the final settlement amount.
Article 7 Rights and obligations of all parties
I. shipper's rights and obligations
1. shipper's rights: require the carrier to transport the goods to the destination according to the time, place, quality and quantity stipulated in the contract. After the consignment of goods, the shipper has the right to request the carrier to change the arrival place or consignee, or cancel the consignment. However, the carrier must be informed before the goods arrive at the destination, and the required fees must be paid to the carrier according to relevant regulations.
2. Shipper's obligation: Pay the freight and miscellaneous fees to the carrier as agreed, but the carrier must complete 30% of the contract subject matter. After the rest of the entertainment expenses are completed and the settlement data are reviewed, the shipper will pay by installments according to the reviewed amount and funds.
Second, the rights and obligations of the carrier
1. carrier's rights: charge the shipper and consignee for transportation; The carrier shall be responsible for the deployment of vehicles for all transportation tasks designated by the shipper.
2. Carrier's obligation: deliver the goods to the designated place within the time limit stipulated in the contract, and notify the consignee of the arrival of the goods on time. Be responsible for the safety of consigned goods, and ensure that the goods are free from shortage, damage and artificial deterioration. In case of the above problems, the shipper shall bear the economic losses. After the goods arrive, they shall be responsible for keeping them within the prescribed time limit (before the consignee accepts them).
Article 8 Liability for breach of contract
I. Liability of the shipper
If the shipper fails to provide the consigned goods according to the time, quantity and requirements stipulated in the contract, it shall pay liquidated damages to the carrier at% of the contract price.
Second, the carrier's responsibility
1. If the carrier fails to deliver the goods according to the time, quantity and requirements stipulated in the contract, the carrier shall pay _ _% of the contract price to the shipper as liquidated damages.
2. If the carrier transports the goods to the destination by mistake, it shall transport them to the destination stipulated in the contract free of charge. If the goods are delivered late, the carrier shall pay a penalty of RMB _ _ _ _ _ _ _ _ _.
3. In case of loss, shortage, deterioration, pollution or damage of the goods in the course of transportation, the carrier shall compensate the shipper according to the actual loss of the goods (including packaging and transportation fees).
4. In case of loss, shortage, deterioration, pollution or damage of the goods in the course of transportation, the carrier shall be liable for compensation, and the final carrier shall claim compensation from other responsible carriers.
5. The carrier shall not be liable for breach of contract for loss, shortage, deterioration, pollution or damage of the goods due to the following reasons.
(1) force majeure; ________________________
(2) the natural attributes of the commodity itself; ______________
(3) Reasonable loss of goods; __________________
(4) The fault of the shipper or consignee.
Article 9 In addition to this contract, the shipper and the carrier shall bear their own creditor's rights and debts.
Article 10 Matters not covered in this contract shall be settled by both parties through consultation. If negotiation fails, a lawsuit may be brought to the people's court where the shipper is located.
Article 11 This contract is made in duplicate, with the same legal effect.
Article 12 Other agreements:
Party A (official seal): _ _ _ _ _ _ _ _ _ _ _ _ Party B (official seal): _ _ _ _ _ _ _ _.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.