AGREEMENT FOR CARRIAGE OF
EMPLOYEES [CD1]
THIS
AGREEMENT made at ……………this ……………day of ................20 ……………
Between
BABA and Company, a Company registered under Companies Act,
1956 and having its registered office at
Delhi hereinafter referred to as "the Company" of the ONE PART
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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