Sample / Template / Draft / Free Example of Goods Logistic Contract Deed for India
Rocket/13-14/012
M/s Transporter Name
Address
Dear Sirs,
Sub. : Transportation of our finished goods from our factory
at Khapoli, Maharashtra to various destinations.
This has reference to your Quotation No…………………………… dtd…………. and also the discussions your Mr …………………………..…… had with us from time to time in connection with the above. We are pleased to confirm your appointment as our approved transporters for transportation of our finished goods from our factory site at Khapoli, Maharashtra to different destinations on the following terms:-
01. The rates of transportation for destinations is given in Annexure-A and these rates are subject to revision in the following events :
i) The rates mentioned in Annexure-A are based on the destination via transhipment point. In case during the currency of this agreement the Truck Owners’ Association provides direct trucks the rates shall be revised as per the rates negotiated and are finalised with the Truck Owners’ Association.
ii) The rates are subject to revision by mutual consent in case there is any revision in the price of the particular fuel used by the transporter.
iii) If 9 MT restrictions is imposed by any government during contract period, the rates shall be revised accordingly.
iv) For materials transhipped at Delhi
02. You will arrange to open a suitable local office at Khapoli near our factory site and the same will be manned by you by sufficient number of skilled personnel as required for day to day liaison with our factory Despatch Department.
You must have an e-mail system to receive and reply to queries within 24 hours. Apart from this it will be your responsibility to give regular feed back to the loading and unloading point on the movement of the truck by e-mail.
03. Your membership of the Indian Banking Association is an essential part of this contract and it will be your responsibility to ensure continuity of this membership during the tenure of this contract.
04. Our Despatch Department will advise your local representative at Khapoli of our requirement of trucks for various destinations atleast 48 hours prior to the requirement. You must ensure that each truck must have a mobile phone, whose number must be mentioned on the L/R and shall be informed to our Despatch Department. Trucks must be placed at the site of loading before 1 P.M. We shall have the discretion to refuse or return the truck unloaded which reports for loading after 1 P.M. , and in such case any penalty that may be recoverable from you as per Clause 6 of this agreement shall be so recovered. No claim for compensation will be entertained for refusal on our part to load or accept trucks after 1 P.M.
05. In the event of your failure to place trucks for destinations on which contract is given to you against requisitions given atleast 48 hours in advance within the stipulated date and time. Company reserves right to take trucks from alternative sources, any financial loss sustained by us by way of higher freight will also have to be made good by you. Our compensation claim in this regard will be fully binding on you and we shall be free to adjust the amount from your pending bills.
06. In the event of failure on our part to load the trucks after placement by you within the prescribed time limit of 1 P.M. we shall reimburse to you a sum of Rs.800/- per day for such failure from our side.
07. The goods will be carried by you safely and delivered within the agreed time period as mentioned in Annexure-A to the destination to such authorised persons as we shall instruct and the consignee's acknowledgement of receipt will be obtained by you and submitted to us along with the bills for payment.
08. All goods will be insured by us at our cost. However, any shortage at the time of delivery will be made good by you at prevailing dealer prices. Any damage due to negligence on your part or on the part of your employees or servants or agents shall also be recoverable from you.
09. Notwithstanding that insurance coverage will be obtained by us, it shall be your responsibility to ensure safety of our products handed over to you for carriage both in respect of quantity and quality from the time these are handed over to you until they are delivered to the authorised persons at the various destinations. In particular, you will ensure at all times that the goods are always carried with a complete covering of good quality tarpaulin and not exposed to rain or water, sun, dust etc. as our boards can be severely and permanently damaged by such exposure.
10. If the products entrusted to you are totally damaged as a result of accident and such accident is not attributable to the negligence or criminal act of yourselves or your servants and agents (our decision in this respect being final), then in such cases only you shall have no liability to the extent determined by us. In the event of accident it would be your responsibility to send a copy of the original Police Report along with its English Translation supported by photographs of the accident at the shortest possible time as first hand information to us.
11. Your representative and/or agents/servants (who shall include drivers of trucks placed by you even though the trucks may not actually belong to you) shall sign our documents while taking delivery of our products and this acknowledgement shall be conclusive proof of the delivery of our products to you.
12. Our godowns all over the country close on Saturdays at 2 P.M. and deliveries on this day must be made before 12 noon . On other days the trucks must report to our godown before 2 P.M. In case trucks report at our godowns beyond the above stipulated hours, no detention charge shall be paid by us. If the truck reported after stipulated time as mentioned hereinabove and the next day is Sunday/holiday, no detention will be paid for these two days.
You shall be paid Rs.800/- per day as detention charges for trucks reported before 12 Noon on Saturdays and before 2 PM on other Days for unloading at branches but the same were not unloaded at the same day.
13. The destinationwise freight rates and maximum permissible transit time for different destinations shall be as given in Annexure-A to this agreement.
14. You will make necessary arrangements to ensure that goods are properly unloaded and loaded under your supervision at the transhipment point and they are not damaged either by careless handling or by exposure to rain, water or fire etc.
15. Any delays beyond the stipulated transit time shall attract penalty at the rate of Rs.50/- per day of delay for the first 2 days and Rs.100/- per day from the third day upto and including the 7th days and Rs.200/- per day from the 8th days onwards. Such penalty, which shall be recovered from you, shall be without prejudice and we shall be free to initiate such other actions as the circumstances may call for. However, this penalty will not be applicable incase of acts of God like earthquake, floods, riot and strike anywhere on the usual route from our factory to the intended destination. The stipulated transit time for various destinations are given in Annexure-A. In case the goods are transported to the respective destinations before maximum time allowed to you, you shall be allowed a bonus @ Rs.50/- per day for the first two days saved and Rs.100/- per day for saving between three days upto and including seven days.
16. In case goods are detained more than 12 hours at transhipment point or at any other place enroute to intended destination, for reasons other than acts of God like earthquake, floods, riot and strike, the Company shall be free to arrange alternative mode of transportation of such goods from the place where the goods are lying to the intended destination. Extra freight charges, if any, paid by us shall be reimbursed by you and number of trucks which are detained at transhipment point in the month will be deducted from next month contract, if allotted to you.
17. If for any reason including the acts of God mentioned in point No.15 above, the trucks are delayed enroute, it shall be your responsibility to bring the fact of such delay or detention to the notice of the consignee and our authorised representative at Head Office as well as our nearest branch office in writing at the earliest possible opportunity.
18. All bills must be duly supported by signed and stamped receipts by the consignee, certificates regarding shortage and damages (if any) and a copy of challan given by our factory, shall be submitted by you to our Head Office. It shall be our endeavour to pay your bills within 40 days from the date of receipt of your bills subject to such deductions as are being expressly provided for under various clauses of this agreement.
19. You shall not appoint or arrange any sub-carrier under you to perform or discharge any of the obligations under this agreement without our prior express written permission.
20. The Conditions of Carriage, if any, contained in your Consignment Notes to the extent that these are in conflict with or are repugnant to the conditions of Carriage as contained in this agreement shall be null and void and shall have no effect.
21. You shall instruct the drivers of trucks sent by you to the factory for loading our materials to observe the discipline, rules and regulations of our factory and to ensure movement/parking of all vehicles as per directions of the authorised representatives in our factory. Any damage caused to our property or the property of the consignee by your trucks or by your staff or servants or agents either willingly or otherwise shall be made good by you at rates as determined by us and our decision in this regard shall be final.
22. It shall be your responsibility to ensure that all statutory obligations with respect to the trucks and labour and/or staff or agents entering our factory are met with by you. In the event of your failure to do so and in the event of not having to discharge such obligations on your behalf you shall indemnify us for all such expenses incurred by us your account.
23. Normally material despatched to our branches are off-loaded in our godowns. In the rare event of our requiring you to store our material no storage charge would be paid for any period upto 30 days. Storage charge beyond this period will be paid as mutually agreed between us.
24. It is clearly understood that this agreement is not exclusive and we shall have the option to engage the services of other transport contractors as may be felt necessary by us.
25. The destinationwise freight rates as mentioned in Annexure-A & B to this letter shall remain in force till the validity of this contract as mentioned in Clause 26 hereof and shall not be varied under any circumstances other than these mentioned hereinabove.
26. This agreement shall take effect from 16th June, 2013 and shall remain valid till 31st May, 2014 .
The whole purpose of implementing this contract as an annual basis is to get the benefit of direct despatch without any transshipment and the transporter has to ensure that the Company can start direct despatch from South Zone and North/West Zone within three months and six months from the date of signing of this agreement respectively.
27. You shall submit a Bank Guarantee of Rs.10,00,000/- (Rupees Ten lacs only) in favour of our Company.
28. Notwithstanding the provisions of Clause 25 above either party may terminate this agreement by giving 30 days notice in writing. However, the agreement may be terminated forthwith without any notice by us if any breach of any of the terms and conditions of the agreement as laid down above is committed by you and on happpening of any of the following events :
i) If the transporter commits any breach of the terms and conditions of the agreement.
ii) If the transporter acts in a manner prejudicial to the interest of the Company.
iii) If distress, execution or other process of the court is issued against the transporter or if any liquidator, administrator or receiver is appointed in respect of the property or effects (or any part thereof) of the transporter.
iv) If the transporter or their proprietor/partner/director is declared insolvent.
v) If the transporter causes or threatens to cause to carry on or close their business.
vi) If the transporter goes into liquidation voluntarily.
vii) If the firm of the transporter is dissolved.
viii) If the transporter attempts to involve other transporters as interested parties in this agreement
ix) If the transporter’s performance is found unsatisfactory at the sole discretion of the Company.
x) If the transporter’s registration with Indian Bank Association is suspended or cancelled.
The Company’s decision as to the occurrence of any of the events mentioned in this clause shall be final and binding on the transporter. The termination of this agreement shall be without prejudice to any claim remedy or right of action accrued to the Company against the transporter.
29. Any dispute arising out of or in connection with this agreement shall be referred to arbitration by a sole arbitrator as may be agreed upon or in case of disagreement by two arbitrators, one to be nominated by each party. The said two arbitrators before entering upon arbitration will appoint an umpire to decide on questions on which the said two arbitrators may differ.
30. This agreement shall be taken to have been made at Mumbai at the Office of the Company and any action arising therefrom shall take place in Mumbai and Mumbai Court
This agreement is being sent to you in duplicate. Kindly sign the same and return a copy to us as a token of your acceptance.
Thanking you,
Yours faithfully
for ROCKET SALES LTD.
Encl: As above.
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DECLARATION:
We have read and understand all the terms and clauses of the agreement. We have fully agreed and accepted the same.
for
ROCEKT SALES LIMITED
Annexure `A' forming part of our letter dated to M/s
Sl.No.1. Rate of transportation from to for
North/West destinations :
Ex-Khapoli Rate/MT Transit time Minimum
to North/West (days) guaranteed
destinations load (MT)
(VIA DELHI
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Sl.No.2 Rate of transportation from to for
South/East destination :
Ex-Khapoli to Rate/MT Transit Time Minimum
South/East (days) guaranteed
destinations(VIA load (MT)
ICCHAPURAM)
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In case the materials are despatched from delhi Delhi
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