Characteristics of Logistics Service Contract
1 The logistics service contract is a two-service paid contract. Double service means that both parties to the contract enjoy mutual rights and undertake mutual obligations at the same time; Compensation means that the parties must pay the corresponding price while enjoying the contractual rights. Logistics enterprises use service fees to make profits, so services cannot be free.
2? Logistics service contract is a kind of commitment contract. Compared with the actual contract, the contract is established as long as both parties agree on the contents of the contract, and it is not necessary to take the delivery of the subject matter as an important element of the contract.
3? A logistics service contract is a contract for providing labor services. The object of logistics contract is not material, but the behavior of logistics enterprises to provide logistics services to logistics service demanders. Although in the whole process of logistics enterprises providing services to users, it often happens that users' goods are actually occupied by logistics enterprises (such as warehousing and transportation). ), but the ownership of the goods is not transferred, the logistics enterprise has no right to handle the goods, and must complete the logistics service project according to the requirements of the logistics service demanders.
4? One party of logistics service is a specific subject. The subject of a contract is two or more parties. According to the principle of freedom of contract, the law does not put forward too many restrictive requirements for the parties to the contract. However, based on the requirements of concluding a contract, one party to a logistics contract should be a specific subject, that is, an enterprise legal person or other organization established according to law to provide logistics services and collect remuneration.
5? Logistics service contracts are binding on third parties. According to the principle of relativity of contracts, contracts are usually only binding on both parties, but logistics contracts have their particularity. As a service provider, logistics enterprises usually deliver the goods to the third party-the consignee, and the other party to the contract is not the consignee. The consignee can directly obtain the benefits stipulated in the contract, and at the same time, he should consciously be bound by the terms and conditions of receiving the goods stipulated in the contract.
6? Logistics service contracts are usually standard contracts. A format contract, also known as a "format clause", is a contract (clause) drawn up in advance by the parties in order to reuse it without consulting the other party when concluding the contract. In the fields of commerce, service industry and public utilities with frequent transactions, it is impossible for service providers to conclude contracts with individual consumers one by one, so format contracts are widely used. Postal contracts are mostly standard contracts (terms), and postal logistics service contracts are no exception.
Main types of logistics service contracts
Lease contract. Mainly warehouse leasing, office space leasing, forklift leasing, etc.
Labor contract. There are mainly labor outsourcing, labor dispatch, labor contracts, etc.
Transport contract. There are mainly cargo transportation agents and domestic cargo transportation.
Purchase contract. Purchase contracts for various logistics equipment and services
Insurance contract.
There are many types of contracts that modern logistics enterprises may involve in their business activities, but they often encounter mainly entrustment contracts, transportation contracts, warehousing contracts, storage contracts, processing contracts, logistics distribution contracts and insurance contracts. In addition to the above characteristics, all kinds of contracts themselves will have some unique characteristics, such as the practicality of custody contracts and the luck of insurance contracts. In the process of contract conclusion and management, effective management should be taken according to the different characteristics of the contract, so as to effectively prevent and resolve risks.