This Indemnity Bond/Undertaking by Gupta

Standard conditions of contract for carriage of
goods by road
M/s………………………………….. Road Carriers, Ltd. (hereinafter referred to as
?The Carriers?) accept goods for carriage subject to the conditions set out below.
1. In these conditions the following expressions shall have the meanings
hereby respectively assigned to them, that is to say:
?Owner? means any person sending or receiving or desiring to send or receive
goods by the services of the Carriers.
?Consignment? means goods in bulk or contained in one parcel or package,
or in any number of separate parcels or packages sent or consigned at one time
by a sender from one address to another address; where the sender is not the
owner of the goods he shall be deemed to be the agent of the owner thereof.
?Dangerous Goods? means (a) ?Dangerous or offensive goods? within the
meaning of Sec. 59 of the Indian Railways Act, 1890 or (b) goods which although
not so included is of a kindred nature.
2. (1) The Carriers enter into the contract of carriage for and on behalf of
themselves and their sub-contractors and their respective servants and agents,
all of whom shall have the benefit of the contract and shall be under no liability
to the owner or anyone claiming through him in respect of the goods greater than
or in addition to that of the Carriers under the contract.
(2) Except where otherwise requested by the Owner in writing or where
notwithstanding any such request the carriers are by reason of an emergency
unable to fulfil the contract themselves the carriers shall be at liberty to avail
themselves of the services of any other carrier (whether by road or any other
means of transport) for the purpose of fulfilling this contract and any other such
carrier shall have the like power to sub-contract upon the same terms.
3. Every consignment of goods shall except as otherwise arranged be
accompanied by a consignment note containing such particulars as the carriers
may require. The carriers shall, if so required, sign a document, prepared by the
sender, acknowledging the receipt of the consignment, but no such documents
shall be evidence of the condition or of the correctness of the declared nature,
quantity or weight of the consignment at the time it is received by the carriers.
4. Subject to these conditions the carriers shall be liable for any loss or
misdelivery of or damage to goods occasioned during transit as defined by these
conditions unless the carriers shall prove that such loss, misdelivery or damage
has arisen from:?
(a) Act of God;(b) Any consequences of war, invasion, act of foreign enemy, hostilities
(whether war be declared or not), civil war, rebellion, insurrection,
military or usurped power or confiscation, requisition, destruction of or
damage to property by or under the order of any Government or public
or local authority;
(c) Seizure under legal process;
(d) Act or omission of the owner, his servants or agents.
(e) Inherent liability to wastage in bulk or weight, latent defect or inherent
defect, vice or natural deterioration of the goods;
(f) Insufficient or improper packing;
(g) Insufficient or improper labelling or addressing;
(h) Riots, civil commotion, strikes, lockouts, stoppage or restraint of labour
from whatever cause; or
(i) Consignee not taking or accepting delivery within a reasonable time.
(i) Where loss, misdelivery or damage arises and the carriers have failed
to prove that they used all reasonable foresight and care in the carriage
of the goods the carriers shall not be relieved from liability for such loss,
misdelivery or damage;
(ii) The carriers shall not incur liability of any kind in respect of goods where
there has been fraud on the part of the owner.
5. The Carrier shall, subject to these conditions, be liable for loss proved by
the owner to have been caused by delay to, or detention of or unreasonable
deviation in the carriage of goods unless the Carriers prove that such delay or
detention or unreasonable deviation has arisen without negligence on the part
of the carriers, their servants or agents.
6. Subject to these conditions the liability of the carriers under the preceding
conditions in respect of any one consignment shall in any case be limited :
(i) Where the loss however sustained is in respect of the whole of the
consignment to a sum at the rate of Rs………… per ton on the gross
weight of the consignment;
(ii) Where the loss however sustained is in respect of part of a consign-
ment, to the proportion of the sum ascertained in accordance with (i)
of this condition which the actual value of that part of the consignment
bears to the actual value of the whole of the consignment.
1. (a) Nothing in this condition shall limit the carrier?s liability below the
sum of Rs………… in respect of any one consignment and,
(b) The carriers shall be entitled to require proof of the value of the
whole of the consignment.
(2) The carriers shall not in any case be liable for indirect or consequential
damages or for loss of a particular market whether held daily or at intervals.
7. The carriers shall not be liable:
(i) For loss from a package or from an unpacked consignment.
(ii) For damage, deviation, mis-delivery, delay, detention, or non-delivery
of the consignment or part thereof unless notice is given in writing within
six months from the first date of knowledge of loss or injury after the
termination of transit of the consignment or the part of the consignment
in respect of which the claim arises.
PROVIDED that if in any particular case an owner before action brought proves
to the satisfaction of the carriers or in any action brought against the carriers
to the satisfaction of the court that:
(i) It was not reasonably possible for the owner to give a notice to the
carriers in writing or to make his claim in writing within the aforesaid
(ii) Such notice or claim was given or made within a reasonable time, and
(iii) Having regard to all the circumstances it is equitable to adjudicate upon
the claim, the carriers shall not have benefit of the condition.
8. (1) The carriers? charges for carriage shall be payable by the consignor
without prejudice to the carriers? rights against the consignee or any other person.
PROVIDED that when the goods are consigned ?Freight-to-pay? the consignor
shall not be required to pay such charges unless the consignee fails to pay after
a reasonable demand has been made by the carriers for payment thereof.
(2) Except where the question definitely states otherwise, all quotations
based on a tonnage rate shall apply to the gross weight, unless the goods
exceed………… cubic feet in measurement per ton weight, in which case the
tonnage rate shall apply to each measurement of……………. cubic feet.
(3) A claim or counter-claim shall not be made the reason for deferring or
withholding payment of moneys payable, or liabilities incurred to the carriers.
9. Where the carriers are unable for whatever reason to deliver goods to the
consignee or as he may order, the carriers may sell the goods and payment or
tender of the proceeds of such sale after deduction of all proper charges and
expenses in relation thereto and all charges in relation to the carriage and
warehousing of the goods shall (without prejudice to any claim or right which
the consignor or consignee may have against the carriers otherwise arising
under these conditions) discharge the carriers from all liability in respect of such
goods or the carriage or delivery thereof. PROVIDED that:
(i) The carriers shall do what is reasonable to obtain the value of the goods.
(ii) Where the goods are not carried through to the destination to which
the same goods were consigned by the consignor, the carriage charges
payable to the carrier shall be those in operation for the journey actually
completed, but shall not exceed the carriage charges for the full transit,
and(iii) The power of sale shall not be exercised unless the carriers shall have
done what is reasonable in the circumstances to give notice to the
consignor, or to the consignee that the goods will be sold unless within
the time specified in such notice being a reasonable time in the
circumstances from the giving of such notice, the goods are taken away
or instructions are given for their disposal.
10. The transit, shall (unless otherwise previously determined) be deemed
to be at an end:
(a) In the case of goods to be delivered by the carriers when the same are
tendered at the usual place of delivery within the customary permissible
hours of delivery by goods vehicles within the area;
(b) In the case of goods not to be delivered by the carriers or to be retained
by the carriers awaiting order, at the expiration of one clear day after
notice of arrival in writing (or by telephone if so agreed in writing) has
been sent to the consignee.
11. (1) After termination of the transit as defined in condition 10 hereof, unless
otherwise agreed in writing, the carriers will hold the goods as warehousemen
subject to their usual charges for warehousing and to the condition that the
carriers will not be liable for any loss, misdelivery or detention of or damage to:
(a) Goods not properly protected by packing except upon proof that such
loss, misdelivery, detention or damage arose from the wilful misconduct
of the carriers or their servants or agents and would have been suffered
if the goods had been properly protected by packing; or
(b) Goods which have arrived at the destination or depot and for which the
carriers give notice that they have no suitable accommodation, by
whomsoever or howsoever such loss, misdelivery, detention or dam-
age may be caused and whether or not occasioned by the neglect or
default of the carriers their servants or agents;
PROVIDED that this condition shall not relieve the carriers from any liability
the carriers might otherwise incur under these conditions in the unloading of the
(2) The Carriers? liability for any loss misdelivery or detention of or damage
to goods held by them as warehousemen, pursuant to this condition shall in any
case be subject to the limits and exclusions in condition 6 thereof.
12. Where the carriers accept dangerous goods (in this condition called ?the
dangerous goods?) for carriage:
(1) The dangerous goods will be carried as goods subject to these
conditions and subject also to the special conditions specified in
paragraph (2) of this condition and in the event of conflict between the
said special conditions and these conditions the special conditions
shall prevail;
(2) The special conditions relating to the carriage of the dangerous goods
are as follows:
(i) Previous arrangement shall be made with the carriers for the
conveyance of the dangerous goods;
(ii) At the time of tendering the dangerous goods for carriage the
sender shall supply to the carriers declaration in writing the nature
of the dangerous goods;
(iii) The dangerous goods shall be packed safely for transport by road
and in accordance with:
(a) Any statutory regulations for road transport in force at the
date when the dangerous goods are tendered for carriage:
or if none?
(b) Any packing arrangements as may mutually have been
agreed; or if none?
(c) The General Regulations for the packing, labelling and
loading of dangerous and offensive goods within the
meaning of Sec. 59, Indian Railway Act, 1890 and condi-
tions of acceptance for their carriage shall be mutatis
mutandis applicable.
(3) The owner will indemnify the carriers or any other company, person or
body through whose hands the dangerous goods may pass:
(i) Against all claims for loss, damage or injury to any property or person
arising form the carriage of explosives limited to Rs………. for any one
accident provide that this indemnity shall be of no effect if it be proved
the loss or injury arose from the negligence of the carriers or their
servants or agents and,
(ii) Against loss or damage and against claims made upon them for which
they may be or become liable in respect of injury to persons or damage
to property arising from non-compliance with the special conditions and
regulations referred to in paragraphs (1) and (2) of these conditions
unless it be proved that the injury or damage is due to the wilful
misconduct of the carriers, their servants or agents.
PROVIDED always that nothing in this paragraph shall affect the carriers?
liability to the owner in respect of the dangerous goods being carried under the
13. (1) When collection or delivery takes place at the Owner?s premises the
carriers shall not be under any obligation to provide any crane, tools, hoists or
labour, which is required for loading or unloading at such premises. Any
assistance given by the carriers or their servants beyond the usual place of
delivery shall be at the sole risk of the Owner and charged for.
(2) Goods requiring special appliances for unloading from the vehicle is
accepted for carriage only on condition that the consignor has duly ascertained
from the consignee that such appliances are available at destination. Where the
carriers are, without prior arrangement in writing with the Owner, called upon
to load or unload such goods the carriers shall be under no liability whatsoever
to the Owner for any damage however caused, whether or not by the negligence
of the carriers their servants or agents and the owner shall indemnify the carriers
against any damage which the carriers may suffer.14. In the computation of time where the period provided by these conditions
is six months, the following days shall not be included: [State the exceptions]
15. The carriers shall not in any case be liable for loss or damage directly
occasioned by the failure of the Owner to comply with these conditions.
1. Where the Contract for carriage of goods from one place to the place of destination
requires the aid of different transport agencies the liability of successive carriers inter
se in relation to the principal carrier with whom the contract is made is joint and several
and it would be open to them consignor/owner of the goods to enforce his right to claim
damages against any one of them?Rajasthan Handicrafts Emporium, New Delhi v Pan
American World Airways AIR 1984 Delhi 396.
2. Where there is an agreement between the two carriers, the effect of which is to constitute
one as the agent of the other, the consignor may sue either carrier at his option. But in
absence of any contract to the contrary, the carrier with whom the contract is made will
only be held liable for the loss, if any, and the consignor cannot hold the other carrier
with whom he does not contract, liable for damages, excepting for non-feasance and tort
for breach of duty for carriage of goods belonging to another?AIR 1918 Mad 341; AIR
1920 Cal 758.
Where goods are booked to be carried by several carriers the proper person who is liable
is one to whom the goods are delivered by the consignor. The contract is an indivisible
one and the question with whom the contract is made is a question of fact?AIR 1927
Cal 394.
3. Indian Drugs and Pharmaceuticals Ltd. Hyderabad v Savanj Transport (P) Ltd. Hyderabad
AIR 1979 AP 41; Jullundur Ex-Servicemen Motor Transport Co-operative Society Ltd.
v General Assurances Society Ltd. Calcutta AIR 1978 P & H 336; See also Sec. 10,
Carriers Act, 1865.
4. Where the condition of contract of carriage under the Carriage by Air Act, 1972, provided
for notice of claim within 120 days from the date of issue of airway bill, it was held where
the cause of action for the claim itself arose after the expiry of 120 days from the date
of the Airway Bill, notice incorporating the claim could not possibly have been presented
within the said period and that the conditions of contract would therefore, not be attracted
and the contractual requirement would be satisfied if the notice was presented within
a reasonable period prior to the institution of the suit?Gita Godha Pvt. Ltd. New Delhi
v Pan American World Airways, Delhi AIR 1983 Delhi 356.
Contract of carriage of structural engineering materials by
Truck & Trailors from works to various Places
This Agreement made this day…………. between Messrs…………………. having
its registered office at…………… (hereinafter called the ?Employer? which terms
shall include the said Company and its successors) of the one part AND
Messrs………………… a partnership firm represented by Sri………………… one of
its partners and having its registered office at………………. hereinafter called the
?Contractor? (Which terms shall include the Partners of the said firm and their
respective heirs, executors, administrators and/or representatives and where
the Contractor is a Company its successor or successors) of the other part.
WHEREAS by this Agreement the ?Employer? has agreed to employ
Messrs…………………………………. as Transport Contractor for transport of various
Materials by road from areas to destinations as per the annexed schedule of
operations and rates and the said Contractor has agreed to render services in
all respect of the Contract in conformity with the stipulations laid down in the
1. Definition :
(i) The term ?Stores/Materials/Packages means anything to be handled
or transported by the Contractor under the Contract.
(ii) The work carrying singular number shall also include plural and vice
versa, where the context so desires.
(iii) The heading in these general conditions are solely for the purpose of
facilitating reference and shall not be deemed to be part thereof or to
be taken into consideration in the interpretation or construction thereof
or of the Contract.
2. Period of Contract :
This Contract will remain valid for a period of one year from…………… to………..
after which date, the Contract will automatically terminate by the efflux of time,
unless extended further as mentioned thereafter. The Employer reserves the
right to extent it by another month or two on a notice to be given to the Contractor
before expiry of the Contract.
3. Security Deposit :
(i) The earnest money remitted along with quotations will be converted
to the head as ?Security Deposit? for due performance during the
Contract period.
(ii) The Security Deposit shall be retained by the Employer expressly as
Security for the due performance of the Contract on the part of the
Contractor in the entirety of its terms and conditions, so that upon
happening of the breach of any one of them and in particular, if the
Contractor fails to do the work as included in the accepted tender and
Contract, the Security Deposit shall forthwith become liable to be
forfeited in full or any part as the case may be at the discretion of the
(iii) The Security Deposit shall unless forfeited be liable to the effect against
any damage, loss or avoidable expenditure caused to the Employer by
any act or acts, whatsoever on the part of the Contractor and also for
any failure or lapse on the part of Contractor as set out in different
clauses of the Agreement.
(iv) Within 15 days from the date of issue of the Notice by the Employer
notifying to the Contractor the fact of the forfeiture on application of
Security Deposit either in full or in part during the currency of the
Contract, under provisions of Agreement, as compensation towardsany loss, damage etc. suffered by the Employer, the Contractor shall
deposit with the Employer to replenish the Security Deposit in full, so
that the same is always available with the Employer during the
performance of the Contract.
(v) It is expressly declared that notwithstanding the existence of the
Security Deposit the Employer shall be at liberty to sue or recover the
amount of damages and loss including all costs and expenses which
the Employer may have sustained, incurred or be put to in conse-
quences of the default or failure on the part of the Contractor in the due
performance thereof and that for the satisfaction of the same, the
Employer shall also be at liberty to retain, set off and appropriate all
and every sum, which may, at any time, be due and owing to the
Employer by the Contractor under this Contract or any other Contract.
(vi) The Security Deposit shall not earn any interest with the Employer and
no claim shall lie against the Employer either in respect of interest on
the Security Deposit or depreciation in value thereof.
(vii) The amount of Security Deposit will be refunded to the Contractor
without interest on the expiry of Contract period after adjustment of
dues of the Employer if any, against the Contractor, on production of
?NO DEMAND? Certificate from the concerned Departments of Em-
ployer. In case, however, the Contract is renewed or extended by mutual
consent of both the parties, the amount will not be refunded but kept
as Security Deposit against the renewed or extended Contract.
4. Nature of Work to be performed by the Contractor :
(a) The Contractor must provide one copy of Consignment Note, Priced
Invoice (Not Xerox Copy) to the consignee M/S…………………. within
?THREE? days from the date of loading of Truck/Trailor/acceptance of
?Smalls? at destination for the purpose of West Bengal Sales Tax Permit
and Octroi Exemption Certificate. In case of failure to comply with above
the Employer or Consignee will not be liable for payment of any
detention/demurrage or any other charges incurred on this account.
(b) Contractors should not pay any Octrois/Municipal Taxes on any
account for transportation of any materials for and on behalf of
Employer without written permission from Employer. If any amount paid
without our permission, the liability will be with the Contractor only.
(c) The nature of work to be performed by the Contractor and the charges
payable to him for the services rendered, shall generally be in
accordance with the schedule of operations and approved rates
annexed with this Contract (Annexure ?A?).
(d) The Contractor guarantees the supply of vehicles requisitioned every
day, including holidays. The Trucks will be placed at such point on the
concerned Department of Employer or its representative shall direct
from time to time. All the Trucks/ Trailors shall be in proper order and
condition and shall be driven by a properly qualified and experienced
Driver and shall be accompanied by at least one Cleaner, who will be
required to assist in the loading and unloading of the said Trucks/Trailer
and stacking where necessary. All expenses incurred for running the
said Trucks/Trailers and the salary and wages of the Drivers and
Cleaners shall be borne and paid by the Contractor.
(e) The Employer will contact the Contractor over the phone or otherwise
can give 24 hours notice intimating the lifting of the following day or days.
Receipt of the lifting programme, appointed number of specified Trucks/
Trailers will be placed by the Contractor at the appointed date, time and
place. Should the Contractor fail to supply the number of Trucks/ Trailers
requisitioned the Employer will arrange the number of Tracks/ Trailers
short supplied and any loss to the Employer on the account will be
debited to Contractor?s account and will be recovered from Contractor.
For the sake of his own convenience, the Contractor may also enquire
from time to time form the Employer asking its requirements for the
following day or days.
(f) After the loading at the starting point is completed, the Contractor or
his representative will be required to sign the Office Copy of the Challan
in acknowledgement of the receipt of the Stores/ Materials / Packages
loaded on the Lorry in good order and conditions and of the weight
mentioned in the Challan. The Contractor or his representatives shall
also be handed over three copies of the said Challan. After delivery of
the Stores/Materials/ Packages at the destination, the Contractor shall
keep two copies of the Challan signed by the Consignee or his duly
authorised representative and further obtain Rubber Stamp of the
Consignee thereon and hand over one copy of the Challan to the
Consignee or his representative. The Contractor shall submit one of
such signed copies to the Employer immediately and the second copy
shall be attached to the Bill of the Contractor to be submitted as
hereinafter provided.
(g) The Contractor shall duly cover the Stores/Materials/Items/Packages
carried by it as aforesaid with tarpaulin and shall properly secure the
same, so that they may not be damaged or lost en route.
(h) In case any Road Permit or other Permit from Civil, Police or other
authorities is necessary for the transport of the Consignment, it shall
be responsibility of the Contractor to arrange and obtain the same from
the authorities concerned.
(i) The Employer, however, agrees to render necessary assistance by way
of issuing Letters, recommendations, etc. in favour of the Contractor.
(j) Contractor?s Trucks/Trailers should reach destination within the reason-
able time they are released from the loading Stations.
(k) Contractor?s representatives attending the Employer?s or Loading
Station must carry identity Card with them and they must help the
Employer?s Officials in inspecting the Road Permit, Licence etc. when
required.5. Responsibility of the Contractor for loss/damage etc. caused to Employer.
(i) Contractor shall remain responsible to make good any loss or damage
caused to the Employer due to negligence, lack of proper care and
caution on the part of any of the employees or men of the Contractor
or employees in the Truck/Trailer. The Driver of the Truck/Trailer which
might be hired by the Contractor from the market will also be deemed
to be the Contractor?s men, so far as this clause is concerned.
(ii) The Contractor shall be responsible for the safe custody of the
Employer?s Store Stocks entrusted to him till such stock is duly
delivered at the destination and shall also be responsible for any loss
or damage to Employer?s Stock while in transit, except in the case of
accident. In the event of any accident happening before the Stock is
duly delivered or in transit, which caused or is likely to cause delivery
or damage to the stocks carried, or is calculated in any matter,
detrimental to the Employer?s interest, the Contractor shall be held
wholly responsible for reporting the accident to the nearest Police
Station and/ or the nearest Office of the Employer within 24 hours of
the actual occurrence.
(iii) The Contractor shall be responsible for the safe custody of our
materials entrusted to them till such time, the materials are delivered
at destination.
(iv) Dispute regarding non-delivery/short delivery and any other dispute
related to the dispatch of the Consignment from the Employer?s
premises and brought to the notice of the Carriers by the Employer
should be settled within a period of four weeks from the date of
intimation to the Carriers failing which the Contract will be liable to be
suspended/ cancelled without prejudice to any liabilities that the
Carriers are subject to under the terms and conditions of the Contract.
(v) The Contractor shall assume all liabilities and keep the Consignor
wholly indemnified against action or suits, claims, costs, damages,
charges and expenses arising out of the work covered by the Contract,
where such action, suit or claim is brought by Members of the Public,
neighbouring Owners or Workmen engaged in the work by Govern-
ment or Local authorities or any other authorities, body or person.
(vi) The Contractor shall be fully responsible for following all the Acts,
Regulations etc. either of Central Government or of the State Govern-
ment or of Municipal Local Bodies or any other authorities, bodies,
persons, etc. applicable in regard to his workmen or his vehicle and
shall fully indemnify the Consignor from any liability or action by the
Transporter?s Workmen or others. Unless by law required if any, in such
a case the Contractor shall reimburse the Employer under this clause
by appropriating either ?Security Deposit? or the Bills pending with the
Employer for payment.
6. Guarantee about volume of work:
The Employer does not guarantee to the Contractor about the number of
vehicles required per day or per month nor does the Employer guarantee about
the nature or quantities of Stores materials that will be made available to the
Contractor for transportation.
7. Cancellation, Amendment and Modifications of Contract and execution of
Parallel Contract:
The Employer reserves the right to appoint more than one Employer
Contractors for the same services for any reason whatsoever. The Employer also
reserves the right to amend/revise or modify the terms and conditions of the
Conditions of the Contract or part thereof or cancel it at any time during the
currency of the Contract, without assigning any reason whatsoever.
8. Bills:
The Contractor will submit his bills in triplicate along with receipted Challan
on completion of each transaction or services rendered by him to the Employer
for arranging payment on verification within 90 days from the date of submission
of the bills provided the bills are in order in all respects.
9. Contractor?s representative or nominee and their functions:
The Contractor shall, when he is not present at the starting point or the Site
of work, place and keep at such point or site a duly authorised representative
empowered to act on his behalf, who will receive instructions from the Employer
or its Officers in relation to the Carriage of the Stores/Items Materials/ Packages
provided however that the entire responsibility for the transport and safe delivery
of the Stores/ Items Materials/ packages shall be that of the Contractor, who shall
also be fully responsible for giving proper and adequate instructions to the
Drivers, Cleaners and other staff and for providing the fuel, spare parts and other
accessories that may be required for the purpose of the work entrusted to him
under the Agreement. The contractor or his duly authorised representative shall
duly attend the Office of the Employer whenever desired.
10. Assignment or subletting of Contract:
The Contractor shall not, at any time during the Contractual period, assign
or sublet the Contract or any part thereof to any person or allow any such person
to become in any way interested therein in any manner whatsoever without the
previous permission in writing from the Employer. Any contravention of this
condition shall entitle the Employer to rescind the Contract and shall also render
the Contractor liable for payment to the Employer in respect of any loss or
damage arising out of or ensuring from such subletting or rescinding of Contract.
11. Examination of the Conditions of the Contract:
The Contractor shall be presumed to have satisfied himself by due and careful
examination, before submitting his tender relating to his Contract as to the
quantum and nature of work, nature of site, the Materials necessary for the
performance of the Contract, the means of access to the site and all other matters
incidental thereto and ancillary thereof, affecting the execution and completion
of the work. The Contractor shall also be presumed to have satisfied himself as
to the correctness and sufficiency for the work as quoted by him, and the ratesand prices quoted by him shall cover all his obligations under the Contract and
all matters and things necessary for the proper completion and maintenance of
the work. It is understood and agreed that no extra payment shall be admissible
for the Contractor under any circumstances whatsoever consequent on any
alleged misunderstanding or miscalculation or arising out of any other mistake
or factor not specifically provided for in Contract.
12. Without prejudice to any other provision in this condition, the Contractor
shall be bound to keep the Employer or any representative or employee of the
Employer fully indemnified against any action, claim or proceeding under the
provision of any rules, regulations, bye-laws notification, direction or order having
the force of law, for anything done or committed by the Contractor in contraven-
tion of such provisions for the infringement or violation by him, in the course of
the execution or completion of the work under the Contract, and if, as a result
of any such action, claim or proceeding, the Contractor or such representative
of the Employer as the case may is adjudged liable to any penalty to pay any
compensation, such liability shall be deemed to be liability of the Contractor and
the Contractor shall be wholly liable for all such penalties and in the event of
default upon the Contractor, if the Employer has to take over the liabilities, the
Employer shall deduct all amount arising out of such liabilities from the Security
Deposit of the Contractor and payable by the Employer under this Contract or
any other Contract and without prejudice to any other legal remedy available to
the Employer. The Contractor shall keep the Employer fully indemnified against
any claim or on behalf of his or their Workmen for injuries or otherwise
13. The Contractor shall be paid a sum of Rs. 250.00 per day as ?Detention
Charge?, in case their vehicles are held up either for loading or unloading for more
than six working hours and an amount of Rs. 200.00 will be paid, if the Vehicle
requisitioned is not utilised but returned empty.
14. (a) Each Truck will be required to carry upto 10 M.T. and Trailer 18.00 M.T.
Pro-rata rates will be payable for materials carried in excess or these weights.
Items weighing 10 M.T. which can be carried within the standard size of the truck
will be considered as normal load. (Other items, exceeding in height/width/
length/weight will be considered as over dimensional items and will be dealt with
(b) Any item which can be carried by the Trailer with a maximum height and
width of 8′-0″ with weight of 18 M.T. length up to 43′-0″ will be considered as
normal trailer load. Other items exceeding in height/width/length/ weight will be
considered as over dimensional items and will be dealt with separately.
IN WITNESS WHEREOF these presents have been signed by or on behalf of
both the parties the day, month and year first above written.
the Employer at Calcutta in the pres-
ence of:
tractor at Calcutta in the presence of:
Contract for carriage of asphalt drums from installation to
upcountry depots of other locations all over the country
MEMORANDUM OF AGREEMENT made at Bombay this………………… day
of……………. Two Thousand and………………… between M/s…………………. carry-
ing on business under the name and style of M/s…………………. ROAD CARRIERS,
at………….. Calcutta…………. Hereinafter called the ?Transport? which expression
shall wherever the context so admits, mean and include his legal heirs, executors
and administrators the context so admits, mean and include his legal heirs,
executors and administrators OR the present members, or future members of
the firm, their representative legal heirs, executors and administrators together
with their survivors or survivor and M/s…………………… CORPORATION LIMITED,
a company incorporated under the Indian Companies? Act, 1956, having its
Registered Office at.. Jamshedji Tata Road, Bombay.., hereinafter called the
?Corporation? which expression shall wherever the context so admits mean and
include its successors and assigns of the other part.
WHEREAS the transporter has agreed to transport Corporation?s packed
lubes and other packed Asphalt drums ex its Installations to various destinations
as mentioned in Schedule of rates, under the terms and conditions as specified
1. Transportation of the packed asphalt drums under this agreement shall
normally be from the Corporations Installation as specified in Schedule
of rates enclosed to Corporations upcountry depots or other locations
in India nominated by the Corporation. Occasionally transporter may
be required to pick up part loads from other Terminals in the same city.
The transporter while loading Corporation?s Products from one Termi-
nal will not refuse to pick up part loads from other Terminals in the same
city in order to make a full truck load, as and when asked to do so. No
extra charge would be payable for this.
2. The contract shall be for a period of one year effective.. which may be
extended by two further periods of one year each at the option of the
Corporation at the same terms and conditions. The Corporation in its
absolute discretion and without prejudice to its other rights and
remedies may terminate this contract forthwith, if the contractor
commits a breach of any of the terms and conditions of this agreement
or a contractor being a firm, any member of the contractor?s firm, is
adjudicated insolvent or enters into any arrangement of compromise
with the creditors or if execution or any other process is levied or if the
road permits issued by the Transport Authorities to the contractor are
cancelled or revoked.The Corporation also reserves the right to terminate the contract at any
time before expiry of the contract by giving the contract or three months?
notice in writing without assigning any reason whatsoever.
3. The transporter shall furnish a Bank Guarantee for Rs. 1,00,000
(Rupees One Lakh only) valid for a period of three years as security
against any damage or loss caused by him to any materials, product,
or property as also against claims for non-performance of contractual
obligations per clause 14 hereunder.
4. The bank guarantee may also be used by the Corporation to recover
the cost of any material or property lost or destroyed or damaged by
the Transporter and/or to meet any claim made by the third party arising
out of Transporter?s actions.
5. The vehicle used by the Transporter shall be sound in all respects that
is in road-worthy condition, in conformity with Inspector of Explosives
regulations and other local bodies? requirements and driven by licensed
drivers etc.
6. The transporter shall provide at his own cost all supervision, labour,
adequate protection like tarpaulin cover and requisite dunnage etc. to
ensure safe and efficient handling of the Corporation?s products.
7. All Taxes, Insurance and other charges as applicable to the vehicles
shall be the full responsibility of the Transporter. The Corporation shall
be responsible only for charges as applicable to the movement of the
product and as stated in the schedule of rates.
8. It shall be the responsibility of the Transporter to ensure that inter-State
permits, wherever applicable are collected and accompany the truck
before the truck leaves the Corporation?s Shipping Terminal/Installa-
9. The Corporation will provide the transporter with transport work
hereunder as and when it considers necessary and will not be bound
to give or entrust all the transport work to the transporter.
10. Nothing herein contained will prevent the Corporation from engaging
any other parties to carry out transportation work similar to the work
entrusted to the transporter hereunder.
Corporation reserves the right to appoint two or more contractors as
it deems necessary towards achievement of efficient, timely and
effective supplies.
11. The transporter shall make arrangements to take delivery of the
product to be transported ex the Corporation?s installations within 24
hours of advice in writing failing which the Corporation reserves the
right to make alternate arrangements for transportation.
12. Corporation reserves the right to refuse loading of trucks placed after
24 hours of scheduled day of placement.
G : CDD (Vol. 3) ? 32498 CONVEYANCING, DRAFTING & DEEDS [Ch. 37
13. The transporter shall undertake transportation of petroleum products
against approved Transhipment Order and Advice/Delivery Order
issued to him from time to time by the despatching locations.
14. 50% of the trucks requisitioned on a particular day to be placed by 11.00
a.m. and balance by 2.00 p.m. failing which Corporation reserves the
right to refuse loading of trucks placed beyond above timings.
15. If at any time during the currency of this agreement, the Transporter
fails to transport the products as provided hereinabove, to perform the
various other obligations specified in this agreement, the Corporation
may in its discretion and without prejudice to its other rights and
remedies obtain services from other Transporters including Railways
to perform the obligations and transport the products and the Trans-
porter undertakes to reimburse to the Corporation all additional
expenses incurred by the Corporation in this connection.The debitable
loads will be calculated on monthly basis and would be within the
allotted number of monthly loads for each location.
16. Calculation of weight of packages would be on the following basis:?
(a) A list of standard gross weights for drums will be given by the
despatching location.
(b) The packages loaded would then be converted by multiplying the
no. of respective packages by the standard gross weights. No
physical weighment would be done each time the trucks are
(c) As far as possible full truck-loads will be given.
17. The applicable octroi charges are to be paid by the transporter and
these shall be reimbursed to him by the Corporation on production of
actual octroi receipts duly endorsed by the receiving locations.
18. The transporter shall submit his bills along with the transport charges
copy of the Transhipment Order and Advice Form/Invoice duly certified
by the consignee for safe receipt of product, within 15 days from the
date of delivery of the consignments and these shall be sent to the
Public Carrier Bill Section at the Corporation?s Headquarters office in
Payment terms for service rendered by the Transporter shall be within
30 days from the date of the receipt of bills in the Corporation?s Head
Office at Bombay, duly supported by proof of delivery of product.
A penalty of Rs. 50 shall be levied for every prescribed form lost.
If the contractor fails to submit his/their bills for payment within 30 days
as mentioned above, the Corporation shall have the right to deduct as
and by way of liquidated damages an amount equal Rs.25 per bill.
(a) Details of bills pending payment for more than two months should
be advised to the Corporation on a monthly basis and the
Corporation will endeavour to settle them at the earliest.(b) Bills received after six months from the date of delivery will not
be entertained by the Corporation.
19. A penalty of Rs.50 will be levied in case transport charges copy gets
lost unless satisfactory explanation is given by the transporter. Further,
the transporter should provide documentary evidence to prove that the
delivery was made intact.
20. A penalty of Rs.100 per transaction shall be levied far each one of the
following lapses on the part of the transporter:
(a) Duplicate billing for the same transaction.
(b) Claim or bill for services not rendered by the Transporter himself.
21. The Corporation may in its sole discretion waive the above penalties/
lapses if the carrier tenders satisfactory explanation for the lapses in
22. It shall be the transporter?s responsibility to see that the packages
accepted by him at the Shipping location are sound in all respects viz.
weight/seals/caps/bungs intact before the truck leaves the Corporation?s
Installation/Terminal. No claim will be entertained by the Corporation
on the basis that defective and/ or short weight packages were handed
over to him.
23. The Corporation shall deliver the packed asphalt drums to the trans-
porter at the loading storage point. The Transporter shall place his truck
and load at the designated loading location.
24. The transporter shall undertake movement of the product without
transhipping. However, if transhipment is inevitable, the transporter
shall advise the Corporation beforehand and also ensure that adequate
care and precautions are taken to ensure safe handling of the product.
25. The transporter shall not sublet any work entrusted to him except with
the written consent of the Corporation.
26. The transporter shall be responsible for loss or damage to the product
and containers entrusted to him for haulage. The Corporation shall
recover from the transporter full value for loss/damage/contaminating
in transit of the product/containers by deducting from his outstanding
27. Transit loss and damage to Corporation?s packages as certified by the
receiving location will be recovered from the transporter?s bills. Propor-
tionate trucking charges will also be deducted if the product loss
exceeds 25 litres/kilograms.
28. The transporter shall make good the Corporation any losses arising
(a) The confiscation by Government or local authorities of any
quantities of the said products delivered to the Transporter for
transportation and
(b) Loading, unloading or in transit, except as provided in clause 1(b)
above, for reasons other than the natural calamities such as
earthquake, cyclone, floods and lightning, riots or civil commotion.
The liability of proving that any loss or damage caused by any accident
or fire resulting from the acts of God is solely upon the transporter. The
Corporation will also be entitled to compute the amount of loss suffered
by the Corporation and entitled to be reimbursed from the transporter
under these provisions and the decision and determination by the
Corporation or its authorised representative as to the reasons for such
loss or as the existence of any acts or events such as riots, civil
commotion or natural calamities as prescribed above shall be final and
binding on the transporter and shall not be questioned by any Court
of law or arbitration or otherwise and the transporter doth/ do hereby
irrevocably authorise the Corporation to set off and adjust such loss
or damage against the amount of security deposit paid by the
transporter to the Corporation and pending bills of the transporter and
in the event of shortfall therein, the transporter shall immediately upon
a certificate issued by the Corporation pay the same to the Corporation
without demur or objection.
29. The transporter shall remain at all times, liable to the Corporation for
any loss or damage caused to any building, plant, machinery or
property of the Corporation due to carelessness, negligence, inexpe-
rience or default of the transporter, his/their agents, representatives or
employees. The Corporation shall be the sole judge as regard the
quantum of loss or damage and it shall be entitled to deduct from the
amounts payable hereunder to the transporter the cost of the repair or
the amount of loss or damage.
30. The transporter shall ensure that the product is delivered at the
destination promptly. For belated deliveries exceeding two days of the
prescribed delivery periods, the Corporation reserves the right to
impose a penalty at the rate of 50% of the cost of the transportation
charges, per day of delay, and such penalties shall be recovered from
the transporter?s bills, unless satisfactory explanation is given by the
transporter for the delay.
31. It must be clearly understood that Transit Insurance coverage, if any,
will be the sole responsibility and at the cost of the transporter. The
Corporation does not and will not insure the product under transit risk
or to reimburse the transporter for the same.
32. The Corporation will consider an appropriate increase/decrease during
the contractual period in the event of increase/ decrease in prices of
HSD & Lubes resulting from statutory increases only as against the
prices ruling on the due date of the tender. Such escalation/ de-
escalation would be permitted from the date of such price increases/
decreases of these items.The escalation/de-escalation would be calculated on the following
(a) Average consumption of HSD ? 4 Kms/litre.
(b) Average consumption of Lubes ? 250 Kms/litre
(c) Average capacity of the truck ? 10 MT
33. No detention charges shall be payable by the Corporation to the
transporter. However, all efforts will be made by the Corporation to avoid
34. The Transporter shall abide by the provisions of the Minimum Wages
Act, Contract Labour (Regulation & Abolition) Act 1970, Employees?
State Insurance Act and all other applicable laws/Regulations made
under such laws and shall absolve the Corporation of all or any liability
in respect of his employees or their dependents.
35. During the pendency of this contract, if any accident arises by reason
of any act of negligence, omission, default or non-compliance with any
regulations or notification of Government, Explosive department, or
Local Authority/Terminal Authorities, on the part of the transporter, his
representatives or employees resulting in death or injury to any person
including any employee of the Corporation or the transporter or injury
or damage to the property of any person or the Corporation, then in
such an event, the transporter will be liable to pay compensation to any
person including the employees of the Corporation or transporter or
Corporation, for such injury or damage to the person or property as
mentioned above. The transporter agrees that he shall also in such an
event indemnify the Corporation from any demand, claim or proceed-
ings made, occasioned or instituted by any such injured person or any
one on his behalf against the Corporation.
IN WITNESS WHEREOF the parties have executed these presents on the day,
month and year hereinabove mentioned.
In the presence of
Contract for carriage of tea from Dibrugarh Tea
Estate to Calcutta Warehouse
THIS AGREEMENT is entered on this 4th day of April……………….. BETWEEN
M/s…………………. Road Carriers having its registered Office at………… herein-
after called the Carriers and M/s……………. Tea Co. Pvt. Ltd. having its registered
Office at Calcutta……….. hereinafter described as Company. The Carriers agree
to carry teas for the Season 20….. from………….. Tea Estate, P .O. Lahoal, Dist.
Dibrugarh, Assam to any Warehouse at Calcutta or any warehouse at Gauhati
by Lorry on the following terms and conditions:?
1. Rate : to any Calcutta Warehouse 0.69 (Sixty – nine) paise per Kg. to
any Guahati Warehouse 0.30 (Thirty) paise per Kg.
2. Delivery Period : to Calcutta within 9 days from the date of handling
over the tea to the Carriers and/or their Agent.
to Gauhait Warehouse within 2 days from the time of handing over the
tea to the Carriers and/or their Agent.
3. Minimum full load weight charges will be 10(Ten) Metric Tonnes during
peak Season, provided the truck driver does refuse to accept load in
spite of space available in the truck, the Carriers should provide such
truck, which can load ten metric tonnes.
4. The Carriers and/or their agent at Dibrugarh should provide truck
forthwith on requisition by the garden manager or his assistants either
telephonically or in writing.
5. (a) The packing condition at the time of loading of any consignment
will be treated as sound, good and fit for carriage unless contrary
advice in writing is given by the Carrier to the Tea Estate manager,
under proper receipt.
(b) The Carrier undertakes to deliver the consignment of tea in the
same, sound, good and fit condition and any loss or damage
howsoever caused will be taken to have been caused by the
negligence of the Carrier and/or their employees and/their agents
unless it can be established to have been caused by an act of God.
(c) The Carrier undertakes to make good financial loss of the
Company as mentioned hereunder and the said Company will
withhold payment of freight unless claims are settled. In case the
claims are not settled within one month of the date of notification,
Company will have liberty to adjust the Carriers freight against
their claim bills for loss of or damage to tea.
(d) Brokers Certificate for damage/shortage and MGR etc. will be
accepted as an evidence of loss.
(e) Brokers Account Sales or any Account Sales will be the basis of
adjustment of claims, it being understood and agreed that liability
will not acceed:?
(i) Shortage or Pilferage : The proportionate insured value of
the quantity short delivered.
(ii) Total Loss : The full insured value of Consignment.(f) All brokers documents will be accepted as surveyors? reports and
supporting documents of claims.
(g) Any clause or condition in the Consignment Note which is at
variance or is inconsistent with the terms of this Agreement should
be considered as null and void.
(h) In case of any accident or collision with any other moving or
stationary object taking place while the tea is in transit and any
loss or damage resulting therefrom, necessary complaint to be
lodged with the nearest Police Station and the Company be
advised immediately and protest will be lodged at once. Copies
of the protest and complaint to the Police should be submitted to
the Company within 72 hours from the time of accident. Driver?s
affidavit and photos of the accident should be submitted to the
Company within a week from the date of accident.
(i) If at any time during the year, there be any dislocation of traffic
due to roads and bridges being cut-off and should any consign-
ment be held up in transit or should carrier not be able to accept
any consignment from the garden, timely information to this effect
be given in writing to both consignor and consignee.
It is further agreed by and between the Parties that the Carriers
will be entitled to charge One paise Per kg. per day extra apart
from the rate stated above, if the teas are delivered at the
Company?s scheduled Warehouse earlier than the delivery period
stated above. On the other hand the Company will be entitled to
deduct one paise per kg. per day out of the rate stated above, if
the teas are delivered at the Company?s scheduled Warehouse
after the stipulated delivery period. The date stated on the carrier?s
consignment Note and the date of receipt by Warehouse people
will be taken into consideration.
(j) State Entry Tax : The Carrier will pay entry tax against each
consignment and send bill along with supportings for the same
amount and accordingly the payment will be made by the
Company. The carrier will not charge any extra amount for entry
tax payment etc.
(k) The Carrier will not charge for any expenses incurred for loading,
unloading, handling etc. including statistical charges and Ware-
house delivery for all the consignment.
(l) All disputes, claims suits, proceedings arising out of the Agree-
ment will have to be settled and instituted within the jurisdiction
of Calcutta Court under the High Court of CALCUTTA.
(m) Insurance Coverage : The Carrier will take out Insurance cover
for carriage of teas. The rate fixed above includes cost of the
insurance cover. The Carrier will mention their Policy Number in
all the Consignment Notes. The Carrier should not put any remark
in the consignment note which may harm the Company.
This Contract will remain valid for one year from the date of its execution.
Signature of parties
Clearing, Forwarding & Transportation contract for handling
consignment of fertilizer
(Letter form)
Dear Sirs,
Clearing and forwarding of potassic/non-potassic fertilisers at……………
We are pleased to appoint you as one of our Clearing and Forwarding Agents
for fertilisers (hereinafter referred to as the goods) that are dispatched to Gauhati
with effect from 1st October, 20….. on the terms and conditions detailed below:
I. Clearance of Material
A. Material Received by lorries:
1. Material dispatched to Guwahati by lorries shall be unloaded by you
and stacked in the warehouse as per the instructions of the warehouse
Manager. Short receipt or damage to consignment, if any, should be
endorsed on the waybill at the time of clearance of goods and intimated
to our Regional office.
B. Material received by rail:
1. Material despatched to GAUHATI by rail shall be promptly cleared by
you from the railhead within the free period allowed for clearing the
wagons without incurring any demurrage/wharfage. Any claim or loss
arising out of your failure to clear the goods promptly will be to your
account. Undercharges, if any paid, should be adivsed to our regional
office with full particulars and necessary claims should be preferred
on the Railways if their demand is not justified.
2. In case the R/Rs relating to consignments sent to you by rail are not
received by you by the time the wagons are at the destination railhead
you shall arrange for clearance of the consignment against indemnity
bonds to be executed by you in favour of the Railway on our behalf. As
soon as the consignment is booked to you, our Agent at the despatching
point will telegraphically intimate you the details of the R/R number
wagon number, number of bags, weight and freight paid, so as to enable
you to clear the consignment on indemnity, if necessary.3. The goods shall be transported at your risk and cost to our godowns
at Guwahati or to the stock points as per the instructions of our regional
office at the rates mentioned in the schedule and they should be
unloaded and stacked in the warehouses.
4. On clearance of the goods from the railhead, you shall forthwith lodge
necessary claim on the railways for any short receipt of the goods with
reference to the quantities mentioned in the R/R covering the consign-
C. Material received by river craft:
1. Whenever goods are moved by river, on receipt of boat notes, you
should keep in regular touch with M/s…………………………… and ensure
that the consignment is cleared without any demurrage charges within
the free period. Any claim or loss arising out of your failure to clear the
goods promptly will be to your account.
2. The goods should be loaded into the lorry and transported at your risk
and cost and unloaded and stacked promptly in the warehouse.
II. Clearance of Sweepings/Slack and Torn Bags:
1. The sweepings should be collected from the boats as well as form the
wagons and lorries and kept separately in the warehouse, for disposal
as per our representative?s instructions. The number of bags so
collected shall be accounted separately.
2. If the goods are received in a damaged or slack and torn condition,
necessary survey should be arranged through accredited surveyors
of the Insurance Company promptly, failing which you will be held
responsible for such losses.
3. We shall supply empty gunnies and twine for collecting the sweepings.
Proper accounts should be rendered in respect of these.
III. Outward Despatches:
A. Despatches by rail:
1. You should ensure that he material is booked and freight paid under
the correct concessional freight classifications applicable to potassic
fertilisers and other fartilisers as Chemical manure. Excess freight, if
any demanded should be paid only under protest and a claim should
be preferred immediately under advice to our regional office.
2. Necessary indents for the wagons should be placed immediately on
receipt of our Delivery Order and in case of anticipated delay in
obtaining wagons, our Regional office should be kept advised of the
3. The wagons, when allotted and placed, should be loaded to maximum
carrying capacity within the free period allowed for loading without
incurring any wharfage/demurrage.
4. After the goods are loaded, it should be your endeavour as far as
possible, to obtain a clear individual railway receipt for each wagon. In
any case, the railway receipt should be obtained immediately after the
wagons are loaded with the least possible delay and forwarded as per
the instructions contained in the delivery order (by special messenger,
speed post/registered post, if sent by post).
5. Immediately after the wagons are loaded, you shall give a telegraphic
intimation to the consignee giving the details of railway receipt number,
wagon number, number of bags, weight and freight paid so as to enable
them to clear the consignment on indemnity, if necessary.
6. All rail despatches as per our despatch instructions should be on freight
paid basis and your bill for railway freight paid shall be supported by
the money receipt obtained from the railways for payment of freight.
B. Despatches by road:
1. As and when we issue Delivery orders for movement of the goods by
lorry, the goods should be loaded promptly when the trucks are placed
and to ensure quick delivery you should liaise closely with our office
as well as the party concerned.
2. Only sound bags are to be loaded from the warehouse.
(a) You should send to our regional office an acknowledgement per
return of post for receipt of delivery orders. You will arrange
despatches/ deliveries promptly and take all steps in your power
to ensure that stocks are despatched speedily in accordance with
our despatches instructions. You will intimate us from time to time
if there is any inordinate delay in despatches due to transport
(b) You should not despatch any damaged/ slack bags. It will be your
responsibility to stitch up major hook holes and wherever neces-
sary, to overbag/rebag such of the bags which cannot stand the
strain of transit, with the prior approval of our regional office. The
overbagged/rebagged bags should be kept separately for inspec-
tion of our staff and should be despatched as far as possible only
after such inspection.
IV. Rebagging/Restandardisation:
As and when you are advised to take up the above operations, the material
should be correctly standardised rebagged and stitched as far as possible in the
presence of our representative as per our instructions.
V. General:
(1) In consideration of the above – mentioned services to be undertaken
by you, you will be paid at the rates mutually agreed from time to
time……. Your bills (duly supported by acknowledgement receipt issued
by the Warehouse Manager in the case of incoming material) should
be forwarded to our regional office for settlement.(2) The goods and packing material shall be deemed to be entrusted to
you by us and shall be held by you in trust for us and despatched/
delivered only in accordance with instructions given by us from time
to time. If there is any diversion on your part of these goods and packing
material or there is any shortfall in the actual physical stocks as
compared to the quantity entrusted to you for clearance/ despatch, in
accordance with our instructions from time to time, you will pay to us