AGREEMENT FQR TRANSPORTING
GOODS ON REGULAR BASIS [CD1]
AN AGREEMENT made on the day
of ………..20……….
Between
STC
Co. Ltd., a Company registered under the Companies Act, 1956 and having its
registered office at Delhi, (hereinafter referred to as the Manufacturing
Company, which expression shall, where the context so admits include its
Successors and Assigns) of the ONE PART
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 first
hereinabove written.
The
Schedule above referred to
Annexure A
The
common seal of STC Co. Ltd., the manufacturing company within named hereunto
affixed pursuant to the Resolution of its Board of Directors dated the
1
……………day of ……………20……………in the presence of Shri …………… Director of the Company
authorised to affix the seal and sign
2.The
common seal of Gati Transport Co. Ltd., the within named transport company is
hereunto affixed pursuant to the Resolution of its Board of Directors dated
……………………..…………the……………day of……………20……………in the presence of S/Shri ……………and
...........................Directors of the Company authorised to affix the
seal and sign
WITNESSES
0 Comments
Thank you for your response. It will help us to improve in the future.