Cargo Contract (Turkish Commercial Code)
CARGO TRANSPORTATION AND SERVICE AGREEMENT
I. Parties
A- Shipper (Sender): ………………………………
B- Carrier (Cargo Company): ………………………………
II. Subject of the Agreement
This service involves collecting all types of goods, documents, files, writings, and cargo from the specified address upon the carrier's written or verbal request, and delivering them to the recipient on time, complete, and in good condition.
III. Carrier's Rights and Obligations
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The carrier is obligated to deliver the goods specified by the shipper to the consignee within the timeframes stated in this agreement.
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The cargo will be insured by the carrier , and the insurance cost will be borne by the carrier.
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The carrier guarantees the undamaged and complete delivery of the cargo. Otherwise, it will compensate the shipper for any direct damages incurred.
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In the event of loss or damage to the cargo, the carrier is obligated to pay compensation in cash within a maximum of … days.
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According to Article 876 of the Turkish Commercial Code, the carrier is liable for any damage occurring from the moment of receipt of the goods until delivery, unless they can prove they are not at fault.
📌 Supreme Court 11th Civil Chamber, Case No. 2017/3456 E., Decision No. 2019/4521 K.: The carrier is responsible for the loss and damage of the cargo. To be relieved of liability, it must prove force majeure.
IV. Rights and Obligations of the Carrier
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The carrier is obligated to deliver the cargo in appropriate and secure packaging. Cargo that is not properly packaged will not be accepted by the carrier.
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It is not possible to request the transportation of goods that are prohibited from being transported by law.
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It is the carrier's responsibility to complete and prepare all necessary invoices, delivery notes, and other required documents for the shipment.
📌 Supreme Court 11th Civil Chamber, Case No. 2016/2745, Decision No. 2018/3214: The sender is jointly liable with the carrier for damages arising from inadequate packaging.
V. Transportation Fee
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The carrier will provide transportation services according to the rates specified in the contract appendix. A discount of %… will be applied in favor of the shipper.
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If transportation fees are changed, the change will be notified ... days in advance. If no notification is given, the old rates will continue to apply.
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The carrier is obligated to pay the transportation fee within … business days from the invoice date.
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In case of delay, default interest will be applied at the current discount rate.
VI. Term, Termination and Renewal
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This agreement has been made for a period of … years. Unless either party gives notice of termination … days prior to the expiration of the agreement, the agreement shall be deemed renewed for the same period.
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The carrier may unilaterally terminate the contract by giving written notice … days in advance.
VII. General Provisions
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Unless the parties notify each other of any address changes in writing within … days, notifications sent to their current addresses will be considered valid.
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In case of disputes arising between the parties, Taşıtan's commercial books and documents shall be accepted as evidence in accordance with Article 193 of the Code of Civil Procedure.
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Competent court: …………… Courts and Enforcement Offices.
VIII. Entry into force
This agreement was drawn up in … copies on …/…/…. and has been read and signed by the parties.
Signature (Signature/Stamp)
Signature (Stamp)
