"Truck Owner" (hereinafter referred to as the "PARTNER" which expression shall where the context so requires or admits include its successor and assigns).
New Olog Logistics (P) Ltd., a company registered under the Companies Act, 2013, having its office at No 1033, HIG, Mogappair Eri Scheme, Mogappair West, Chennai 600037 and operates in the brand name"FR8"(hereinafter referred as the "FR8" which expression shall where the context so requires or admits include its successor and assigns)
Hereinafter both the PARTNER and the FR8 shall be collectively referred to as the "Parties"and individually as the "Party" as the context may require.
WHEREAS PARTNER has represented that they have the requisite expertise and experience in the business of transportation of goods from place to place by trucks.
AND WHEREAS PARTNER has approached FR8 and offered to give trucks for transportation of its consignment/goods (Loads) belonging to FR8's Customers.
AND WHEREAS FR8 puts its acceptance to offer Loads to the PARTNER for engaging its services as and when required on a non-exclusive basis and for the said purposes the following terms and conditions are agreed upon between THE PARTIES hereto.
NOW THIS INDENTURE WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS UNDER:
- This Agreement shall come into force and commence on the Effective Date and shall continue to be valid and subsisting unless terminated in accordance with this Agreement.
- Either of the party may terminate this Agreement by giving notice to other parties.
- Latest FR8 commission rates, charges and fines are available in “FR8 Partner” app. FR8 reserves the right to change the commission rate, charges and fines based on prevailing market conditions.
- The truck will be branded by FR8.
- PARTNER has obliged to provide trucks in good & roadworthy condition, with valid registration and other papers like permits, pollution certificates, FC etc, and will indemnify FR8 for any accident, losses which may arise out of a violation of above.
- Transshipment: If there is any major breakdown and if the truck takes more than a day to recover, transshipment of the goods will be done to other truck by FR8. Transshipment loading & unloading charges are to be borne by the Partner.
- Partner will ensure adequate authorized driver/s carrying valid driving license is present during transit.
- PARTNER will ensure the fitness of vehicle considering all safety measure as guided by RTI along with Insurance also.
- The PARTNER shall be fully responsible for the safety and proper condition of the goods from the time of loading till the point of delivery. All risks during transportation including theft cases are the responsibility of the PARTNER.
- In case of shortage and damage, FR8's Customer will deduct the claim amount against balance payment after informing PARTNER. FR8 will mediate between Customer and Partner. FR8 will not be liable to pay PARTNER the shortage and damage amount deducted by FR8's CUSTOMER.
- In case of theft/accident of the vehicle, PARTNER should inform FR8 within 2 hours. PARTNER is liable to submit the following documents to FR8
- INSURANCE SURVEY REPORT,
- PHOTOGRAPHS of the incident
- All the above documents need to be submitted by the PARTNER to FR8 within 3 days from the date of incident and preliminary information within 24 hours of the accident. If documents are not submitted, the PARTNER will be responsible and liable for payment of such loss or damage. If PARTNER complies with the above points then a deduction of Rs. 15,000 against insurance incidental charges will be levied.
- The PARTNER agrees to indemnify, defend and hold harmless FR8 from and against all claims, liabilities, losses, costs or damages arising out of
- The PARTNER's breach of its obligations hereunder, and/or
- The PARTNER's acts of omission and commission by its employees, agents etc.
- PARTNER does not have any rights over the goods in lieu of payments/disagreement with FR8. Any holding of goods is considered theft and FIR will be filed against PARTNER. PARTNER is liable to pay demurrage charges of Rs 10,000 per day in addition to all losses to FR8 including material loss and business loss.
- Dispute Resolution: All disputes arising from or in connection with this agreement shall be settled under arbitration by the sole arbitrator appointed by the FR8. The award of the said arbitrator shall be final and binding on both the PARTNER and FR8. The parties herein shall bear the arbitration charges equally and the arbitrator shall be empowered to pass any interim order any time during such arbitration. The arbitration proceeding shall be in the English language and conducted as per the provision of the arbitration and conciliation act 2015. The venue of arbitration shall be at Chennai.
- Jurisdiction: Both the parties mutually agree that this agreement shall be governed by and interpreted in accordance with the laws of India and any dispute in regard to any matter arising out of this agreement, shall have jurisdiction Chennai, irrespective of whether any other court has similar.