Agreement
For Carriage
Of
Employees
THIS AGREEMENT made at ……………this ……………day of ................20 ……………
And
Gati Transport Co. Ltd., a Company
registered under Companies Act, 1956 and having its registered office at
hereinafter referred to as" the transporter" of the OTHER PART.
WHEREAS
(1) The Company is carrying on the business of manufacturing...........................................and
having its factory at
(2) The Company has employed many employees and workers who are staying
in different parts of the City.
(3) The Company requires a fleet of buses to transport the Company employees
and workers from various places of the City to the factory at………………………………………………………………and
drop them back from the factory to those places.
(4) The Company invited tenders from selected transporters and after
considering the transporter's tender, accepted the same.
(5) The Company advised the transporter to deposit Rs . ...............................
as security deposit for due performance of the contract for the contract
period, which the transporter has agreed to deposit with the Company on the
terms and conditions hereinafter appearing.
NOW IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:
(1) The Company appoints Gati Transport Co. Ltd. as the transporter to
transport its employees every day from its factory at .........................................................
to different places in the City and from those places to the factory. A list of
such places and distance from the factory to those places is given in the
Schedule hereunder written.
(2) The transporter agrees and undertakes to transport the Company's
employees and workers from its factory to different places in the City
mentioned in the Schedule hereunder written.
(3) The transporter agrees and undertakes that it will provide buses and
provide one bus at one place of the City mentioned in the Schedule about
minutes earlier than the time of shift and the factory for which employees and
workers of the Company have to come and will reach at the Company's factory
gate minutes earlier than the time of shift of the factory. After the shift,
the buses will be made available to the Company employees and workers and will
start the buses after minutes from the time of the shift.
(4) The transporter agrees and declares that the buses provided will be in good
condition and the drivers will be having valid driving licenses. The Company
will be authorized to inspect the condition of the buses, up to date vehicle
tax paid receipts, insurance cover of each bus and driving license of the
drivers of the buses and the transporter will arrange to produce the said
documents to the of the Company. The transporter shall indemnify and keep
indemnified the company against any loss, costs, charges, damages and expenses
incurred or suffered by the Company on account of the transporter not having
valid licensees, permits or its drivers not having valid driving
licensees.
(5) The Company shall pay to the transporter transport charges in respect of
each bus at the rate of Rs. ……………per km. for the distance between the factory
and the place to and from which the Company employees and workers will be
transported. The Company will not be liable to pay any other charge or expense
to the transporter.
(6) If the buses do not reach the factory in time, the transporter will
be liable to pay to the company a sum of Rs. ……………………………………………….…per fifteen
minutes of delay beyond the fixed time as liquidated damages and the same shall
be liable to be deducted out of the transport charges payable to the
transporter. If any of the bus is not able to reach at the appointed place or
factory due to technical defect, the transporter will be liable to pay to the
company a sum of Rs……………………………..……………per day, which shall also be liable to be
deducted out of the transport charges payable to the transporter.
(7) The transporter will take all precautions for protecting the Company's
employees and workers from accident. The transporter will take insurance cover
from any insurance company in its name for any injury, loss or death of the
passengers of the buses during the journey in the buses and the amount of
insurance received for the injury, loss or death of the passengers will be
received by the transporter and the transporter will be responsible for any
loss, claim, costs, charges and expenses incurred or suffered by the Company on
account of any injury, loss or death of its employees or workers due to
accident in the bus or any other reason relating thereto.
(8) The transporter will deposit a sum of Rs. ……………with the Company as
security for the performance of this Contract. The said amount will not carry
any interest and will be refunded to the transporter on termination of this
agreement, subject to deduction of Company's claims against the transporter, if
any.
(9) The transporter will submit bills, duly supported by the of bills by ………………….…………
Certificates from the ……………………………………………Officer of the Company to the Company by
3rd of every month and the company will verify the said bills, and pay the said
bills within one week from the date of receipt of the bills, subject to
deduction of any claim of the Company against the transporter under any
provision of this Agreement.
(10) This agreement will commence with effect from …………………………………..…… and
will remain in force for a period of one year, but may be renewed for a further
period of one year on such terms and conditions as may be agreed upon between
the parties.
(11) This Agreement can be terminated by the Company by giving fifteen
days' notice to the transporter, if the Company is satisfied that the
transporter has committed breach of any term of this agreement or not providing
satisfactory service to the Company or if any declaration made or assurance given
by this agreement is proved to be wrong. The decision of the Company in this
regard shall be final and the transporter will not be entitled to any
compensation or damages on account of premature termination of this
agreement.
(12) Any dispute or difference of any kind whatsoever arising out of or
in connection with the agreement shall be referred to the arbitration and final
decision of an Arbitrator to be agreed upon and appointed by both the parties
or in case of disagreement as to the appointment of a single arbitrator to the
appointment of two Arbitrators, one to be appointed by each party which
Arbitrators shall before taking upon themselves the burden or reference,
appoint third arbitrator who shall act as Presiding Arbitrator. The submission
to the arbitration under this clause shall be deemed to be a submission to
arbitration within the meaning of the Arbitration and Conciliation Act, 1996 or
any statutory modification thereof.
(13) This Agreement shall be executed in duplicate. The original shall be
retained by the Company and the duplicate by the transporter.
IN WITNESS WHEREOF
the parties have caused these presents and the duplicate thereof by their
authorised officials, the day and year first hereinabove written.
The Schedule above referred to
1. Signed and delivered by the within named Company STC and Company Ltd.,
by the hands of its duly authorized official Shri
2.Signed and delivered by the within named transporter Gati Transport Co.
Ltd. by the hands of its duly authorised official Shri ....................... ………………………………………………
WITNESSES
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