Logistics & Supply Chain Solutions

Agreement for Transportation of FG from Chennai M/S. .., Chennai .. 2022

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The information and data contained herein in this Proposal is confidential and proprietary to Pon Pure Logistics Private Limited. No reproduction of any kind and distribution of this document is allowed without the expressed permission of Pon Pure Logistics Private Limited in writing.

 

 

This agreement is made at, Chennai on the ……………………… 2022

BETWEEN

M/S. ……………………………… having its registered office at No. 137, CHAMIERS ROAD, CHENNAI 600028 (hereinafter referred to as “………………………………..,”, which expression shall unless repugnant to the context thereof shall remain and include its successors, legal representatives assigns administrators representative–in –interest and executors) of the ONE PART;

AND

M/s. Pon Pure Logistics Private Limited having its registered office at No.32, H-Block, 15^th Main Road, Anna Nagar, Chennai – 600 040 and administration office at No. 1420, 2^nd Floor, 13^th Main Road, Anna Nagar, Chennai – 600 040 through its authorized representative Mr. S. Aravindhan, DGM (hereinafter referred to as “PPLPL“ which expression shall unless repugnant to the context thereof shall remain and include its successors legal representatives, assigns, administrators representative- in –interest as executors), of the OTHER PART

WHEREAS, PPLPL is engaged in providing logistics services and has represented that it is having expertise and necessary resources, permits and experienced in providing the said services and has offered its services to …………………………………………..

AND WHEREAS relying on the representations of PPLPL, ………………………………. has decided to appoint PPLPL for transporting its products from the agreed location to different destinations (hereinafter called “the Services”) as explained and agreed herein below on the charges as agreed in Annexure 1 of this agreement.

AND WHEREAS it has agreed between both the Parties that the said services shall be rendered on the following terms and conditions:

NOW, THEREFORE, THIS AGREEMENT AS FOLLOWS:

1.      Period of Agreement: The agreement shall commence on ……….. 2022 and shall remain in full force and effect for a period of 1 (One) year unless terminated in accordance with the procedure provided herein below. The terms and conditions of this agreement shall be reviewed in writing mutually by the parties at the end of every 12 months from the date of this agreement.

 

2.      Scope of Services: - Duties and Responsibilities of PPLPL:

1. PPLPL shall provide adequate number of duly registered trucks / other vehicles as may be requested for by ……………………………. from time to time at different locations.
2. PPLPL shall ensure that all goods entrusted to it for transportation are delivered at their respective destinations within the agreed transit time.

PPLPL to ensure delivery of goods at the destination within the agreed transit time, in case of any delay PPLPL intimate before delivery due to break down / Natural Calamity/ Theft / Strike or any valid reason will be considered. Days given on the basis of working day and Sunday is weekly holiday. TAT given is based on the assumption that …………………… will be releasing the pickup vehicle on ……………….  In case pick up vehicle released after 7 pm all the bookings will be considered as next day and TAT will be calculated accordingly.

3. PPLPL shall be responsible to transport all goods handed over to it at its complete risk, cost and expenses.  The responsibility of PPLPL in respect of the goods handed over to it shall come to an end only after the complete goods are delivered at their respective destinations without any damage whatsoever, with a clean receiving on the LR by the consignee.
4. The transporter shall carry all GOODs at “CARRIER’s risk”
5. The consignments are booked on “SAID TO CONTAIN” on “OWNERS RISK” no open delivery will be entertained if the consignment is in intact condition and in case there is any shortage find after acceptance of delivery, PPL shall not be responsible for any such shortages.
6. The Transporter shall be responsible for any loss, transit damage, theft, pilferage, short / non-delivery and damage to goods for any reason including fire, accident, riots etc. The said amount shall be recovered from the freight bills of the Transporter vide separate debit note / Invoice which shall be adjusted against the amount due to the Transporter, as follows: 

 

 

 

 

In case the amount involved is more than above the claim shall be referred to insurance company for recovery. The Transporter shall immediately provide without any delay all supporting documents such as certificate of facts and Goods consignment note in respect of such loss

 

7. In the event of confiscation of goods by statutory authorities for any reason whatsoever (LR etc.)/ Reason attributable to PPLPL, such confiscation shall be to the account of PPLPL and PPLPL shall be required to make good the loss, if any, caused to ………………………….. on account of such confiscation.
8. As a carrier/ transporter of goods PPLPL shall be responsible for compliance with all statutory obligations under Motor Vehicles Act and Rules framed thereunder as also other applicable statutes in respect of the drivers/cleaners of the vehicle as also any 3^rd party. It shall be the responsibility of PPLPL to entertain and discharge all obligations towards the drivers/ cleaners/ other 3^rd parties and/or the property of any person if and when the vehicle deployed by it gets involved in any accident or mishap. PPLPL shall also ensure that all its Drivers are properly trained and has a valid driving License to drive the required Vehicles.
9. As a principal ………………………………..,’s responsibility to provide proper E-Waybill as prescribed in GST Act / Rules. As a carrier / transporter of goods, PPLPL’s responsibility to comply the requirement of E-Waybill Part – B.  In case of any issue in transit due to non-compliance PPLPL has to resolve in their own cost. 
2. Payment: Payment of all undisputed invoice shall be made ……no of days………. hsubmission of the bills. The transporter will send the soft copy of the POD by e-mail and in case ……………………………….. require any of the original POD on request PPLPL will provide the same.
3. Diesel Escalation:  The charges agreed mutually as per Annexure I is based on the diesel price of Rs. …. with an increase of ….%.  In case of abnormal increase/decrease in diesel price freight charges will be revised after mutual discussion. Also the rates are subject to Revision with prior notice according to various factors affecting the cost of transport industry.

 

5. Termination: Notwithstanding anything to the contrary contained in this agreement, ………………………………….. shall be entitled to terminate this arrangement and/or take forthwith the possession of the products handed over to The Transporter for transportation without assigning any reason. ………………………………… decision as to the existence of any of the above events shall be final and binding on you and such termination of the agreement shall be without prejudice to any claim, remedy or right of action previously accrued to us against the Transporter.
6. Alteration: The terms of this agreement or any renewal thereof may be altered /changed by the exchange of a written agreement duly signed by both the parties.
7. Dispute Resolution: Any difference or dispute between the parties arising under this agreement shall be resolved amicably.  Unresolved dispute shall be referred to a sole Arbitrator to be appointed by ……………………………………., to such appointment the. The venue of the Arbitration shall be in Chennai. The decision of the Sole Arbitrator shall be final and binding on the parties. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 or any amendments thereof.
8. Indemnification: The Transporter shall indemnify, defend and hold ……………………………………………….. affiliates and its and their respective officers, directors, employee’s, agents, successors and assigns harmless from and against all Losses arising out of or relating to any claim alleging a violation of laws, or regulations or a failure by the transporter to obtain required permits, rights or Licenses, any claim alleging a breach by the transporter of any obligation, representation made by the transporter in this agreement or the transporter or its employee’s obligation with respect to confidential information and in particular breach of SA obligation under this agreement.
9. Assignment: The Transporter shall not assign, sub-contract or transfer this agreement in any manner or any interest, payment or rights hereunder without the prior written consent of …………………………………………. and any assignment or transfer not so approved shall be considered null and void.

Annexure I

Terms & Conditions:

1.      Rates are exclusive of GST. GST will be charged @ 12% under forward charge mechanism in our invoices and the same shall be payable by consignor / consignee at the time of making payment as per notification no 20/2017 considering the abatement if any.

2.      As per prequote..

STATION WISE FREIGHT LIST

This Agreement has been executed by:

 

SIGNED AND DELIVERED by the above named M/S. ..  through is authorized signatories	Signatures                 ______________________________
SIGNED AND DELIVERED by the above named, PON PURE LOGISTICS PRIVATE LIMITED. through is authorized signatories	______________________________