Agreement
For Transporting
Goods On Regular Basis
AN AGREEMENT made on the day of ………..20……….
Between
And
Gati Transport Co. Ltd., a Company registered under the Companies Act, 1956 and having its registered office at ………………………………(hereinafter referred to as the Transport Company, which expression shall, where the context so admits include its Successors and Assigns)of the OTHER PART.
WHEREAS
the Manufacturing Company is the
manufacturer of Electronic goods at its factory at Delhi and has appointed
distributors throughout the country;
AND WHEREAS
the Manufacturing Company sends the goods manufactured by it to its
distributors regularly;
AND WHEREAS
the Manufacturing Company was in
lookout for appointing a transport company, who can undertake the
transportation of its products to its distributors regularly and invited
tenders for the said purpose through leading newspapers;
AND WHEREAS
the Manufacturing Company received
a number of tenders from various transporters and found the transport company
as suitable for its purposes;
AND WHEREAS
the Manufacturing Company has
accepted the tender of the transport company vide its letter dated and advised
the Transport Company to deposit a sum of Rs . ……………………………..as security for the
due performance of the contract, and the Transport Company has deposited the
said sum on ………………………………………..with the Manufacturing Company. A copy of the
tender and acceptance letter is annexed hereto and marked Annexure A;
AND WHEREAS
the parties have agreed to enter
into an agreement herein contained.
NOW IT IS HEREBY AGREED BETWEEN BOTH PARTIES AS FOLLOWS:
(1) The Manufacturing Company appoints Gati Transport Company Ltd. as its
sole transport company for a period of one year commencing from………………………………..
or an sporting its products from its factory at ………………………..............to its
distributors situated in different cities of India. A list of the distributors
along with their addresses and tentative quantity to be sent to them monthly
has been given in the Schedule hereunder written.
(2) The Transport Company agrees that it shall transport the products
manufactured by the Manufacturing Company from its factory to the distributors
mentioned in the Schedule hereunder written.
(3) The Transport Company agrees that it shall make available to the
manufacturing company every day the number of trucks required by it for
transporting the manufacturing company's products. However, the number of
trucks to be provided by the transport company will not be more than trucks per
day.
(4) The Manufacturing Company will pay to the Transport Company transport
charges in respect of each truck at the rate of Rs ……………………….. ………..per km. for
the distance between the factory and the distributor to whom the products will
be transported. The manufacturing company will also reimburse to the transport
company any octroi duty, toll tax and other tax of a similar nature paid by the
transport company in respect of the manufacturing company's products. The
manufacturing company will not be liable for any other charge or expenses of
any nature whatsoever.
(5) The Sales Manager of manufacturing company shall indicate to the
transport company in the evening by 5 PM, how many trucks will be required to
be sent in the morning by 8 AM, so that loading of the products may start
immediately. If any truck is returned back by the manufacturing company on any
day on any ground, the manufacturing company will pay Rs ……………………………..per day
per truck sent back, if the truck is sent by 12 noon, but if it is sent back
after 12 noon, the charges paid will be Rs .………………..per day per truck.
(6) The Transport Company undertakes that it will provide trucks of good
condition with the drivers having valid driving licences. The officers of the
manufacturing company will be authorised to inspect the condition of the truck,
permits, insurance books of each truck, up to date vehicle tax paid receipts
and driving licences of the drivers and the transport company will produce the
said documents for inspection to the officers of the manufacturing company
whenever required to do so. If the officer of the manufacturing company comes
to the conclusion that any truck is not of good condition or lacking in any
other respect, he can require the transport company to take back the said truck
for which the transport company shall not be entitled to any charges. However,
the officer will intimate to the Transport Company the reasons for requiring
the truck to be taken back.
(7) The products will be loaded by the workers of the manufacturing company.
The products will be packed in big boxes, with suitable packing material, so
that the products may not be damaged in transit. The details of the products
and the time required to reach its destination will be given in the consignment
note by the manufacturing company in four copies, which will be signed by the
representatives of the manufacturing company and transport company. The
manufacturing company will deliver two copies of the said consignment note to
the transport company, and one copy to the distributor, to whom the products
are sent and retain one copy with it.
(8) The transport company will deliver the products to the distributors and
obtain delivery certificate/challan in duplicate from the distributor. The
products will be unloaded by the distributor's workers. The distributor will receive
packed boxes, from the transport company.
(9) During the transport, the transport company's representatives will take
proper care and precautions for the protection of the products, so that the
products may be delivered to the distributors in good condition.
(10) If during the transit, the products are lost or damaged due to accident or
any other reason whatsoever, the transport company will be liable for the loss
or damage to the products. If the products are lost or damaged in transit, the
transport company will immediately inform about the loss or damage along with
the place where the trucks are kept to the manufacturing company and the
manufacturing company will send its representative to assess the damages,
before the consignment is delivered to the distributor. The loss along with the
expenses incurred by the manufacturing company due to the loss or damages will
be recovered from the money payable to transport company.
(11) In case the transport company does not deliver the products within the
period stipulated in the consignment note, the transport company will be liable
to pay damages @ Rs . ……….. per day of delay beyond the stipulated period and
the same shall be recovered from the bills of the transport company. However,
if the delay is on account of accident, or force majeure such as flood, heavy
rains, earthquake or blocking of road by reason of any strike, the transport
company will not be liable to pay the damages for the delay.
(12) The transport company will not transport goods of any other person
in the trucks carrying the manufacturing company products.
(13) The transport company will submit a bill along with the copies of
the consignments and statement of the products transported in the week to the
Accounts Manager, of the manufacturing company. The manufacturing company will
make the payment of the bill after verification about the products transported
and deducting the amounts recoverable, if any from the transport company. The
payment of the bill will be made within a period of seven days from the date of
the receipt of the bill. In case of delay in payment of the bill, the
manufacturing company will pay interest @………..per month to the transport
company for the delayed payment.
(14) The transport company has deposited a sum of Rs……………………………on…………………………with
the manufacturing company for the due performance of the contract for the
entire contract period. The said sum will not carry any interest and will be
refunded on the termination of this contract after deduction of claims of the
manufacturing company against the transport company, if any.
(15) This contract is for a period of one year commencing from………………………………However,
the contract can be renewed for a further period of one year on the terms and
conditions to be mutually agreed upon between the parties. The contract can be
terminated by the manufacturing company before the term of the contract by
giving fifteen days' notice to the transport company and in case of earlier
termination, the transport company will have no claim against the manufacturing
company.
(16) This contract will be subject to the provisions of the Carriers Act,
1865.
(17) In case any dispute, difference or question arises between the parties
touching the construction, meaning or effect of this Agreement or any clause or
thing herein contained or the rights or obligations of the parties hereto or
their respective successors or assigns or any of them under this Agreement or
otherwise howsoever in relation to this Agreement, shall be referred to two arbitrators,
one to be appointed by each party, who shall appoint third arbitrator, who
shall act the Presiding Arbitrator before taking upon themselves the burden of
reference, and the provisions of Arbitration and Conciliation Act, 1996 and any
statutory modification thereof for the time being in force shall apply to such
arbitration.
(18) This Agreement shall be executed in duplicate. The original shall be
retained by the manufacturing company and the duplicate by the transport
company.
IN WITNESS WHEREOF
the parties have caused their
common seal to be affixed to these presents and a duplicate hereof, the day and
year is first hereinabove written.
The Schedule above referred to
Annexure A
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