NON JUDICIAL STAMP PAPER OF Rs.100/- AGREEMENT FOR TRANSPORTATION OF NEEM SEEDS. THIS AGREEMENT MADE AT on (day) of 2017.

Transcription

1 ANNEXURE IV NON JUDICIAL STAMP PAPER OF Rs.100/- AGREEMENT FOR TRANSPORTATION OF NEEM SEEDS THIS AGREEMENT MADE AT on (day) of 2017 By & Between M/s.Gujarat Narmada Valley Fertilizers & Chemicals Limited, a Company Registered under the Companies Act,1956 (Act I of 1956) having its Registered Office at P.O. Narmadanagar , Dist. Bharuch, Gujarat, (hereinafter called as "Company/GNFC" which expression unless repugnant there to includes its successors and assigns) of the ONE PART and *M/s. a private/public Company incorporated in the State of under the Companies Act,1956 (Act I of 1956) having its Registered Office at (hereinafter referred to as the "Transporter" which expression shall include its successors and permitted assigns where the context so admits) of the SECOND PART. OR *Shri (Name & Address of the Proprietor) carrying on business as Transporter in the name and style of (hereinafter referred to as the "Transporter" which expression shall include his heirs, executors, administrators and assigns where the context so admits) of the SECOND PART. Page 1 of 6

2 OR *S/Shri (Names of all Partners and their addresses) all jointly carrying on business as Transporter in partnership in the name and style of M/s., a partnership firm having its principal place of business at (hereinafter referred to as the "Transporter" which expression shall include all the partners for the time being and from time to time survivors of such partners, or their heirs, executors, administrators and assigns where the context so admits) of the SECOND PART. * strike-out which is not applicable. WHEREAS, the Company is manufacturing Neem Oil for Urea Coating and for its other products. Whereas the Company for the said purpose is purchasing Neem Seeds from various places located within the territory of state(s). Whereas M/s.. ( transporter name) is in the business of undertaking transportation of all kind of goods... WHEREAS the Transporter is willing to undertake the transportation work of Neem Seeds from various places located within the territory of Amethi district to Phulpur at the agreed rates (Prices), terms and conditions indicated in the work order no. dated :.. accepted by the Transporter and terms & conditions of open tender no...dated..submitted by the Transporter. THIS AGREEMENT NOW WITNESSES and it is hereby agreed that the said Transporter shall carry out the work/ job awarded on the conditions hereinafter appearing : 1. The Transporter agrees to abide by the terms & conditions of the open Tender No Dated :.. along with terms and conditions hereof, as per the Company's Work order No. dated. both of which form part of this Agreement along with the Transporter's quotation offer letter dated.. 2. The Transporter has furnished Security Deposit by way of DD bearing No drawn on for Rs. /- Rupees ) OR Bank Guarantee from.. Bank for Rs. /- towards Security Deposit, and it is agreed that the Transporter shall bear all Charges/costs pertaining thereto and shall not demand any interest, charges, expenses connected therewith. Security Deposit shall be refunded on successful completion of the contract and submission of NO Dues Certificate from the Company. Page 2 of 6

3 3. The Transporter agrees to supply on demand as many trucks per day as requisitioned within the framework of open tender no. dtd. 4. In the event of non supply of trucks as per requisition of Company, penalty as indicated in the tender document shall be payable by Transporter. 5. This Contract shall be valid up to which can be extended for a further period upto 12 months or part thereof on the same rates, terms and conditions of the NIT at the sole discretion of the Company and if granted the same shall be acceptable unconditionally by the Transporter. 6 The Transporter shall deliver the goods to the destinations or at such other places as may be informed by the Company within three days excluding date of loading. Transhipment of material enroute is not permitted. Delayed delivery beyond the specified time limit as above, the Transporter shall be liable to pay penalty, at the rate of Rs25 per MT for each day of delay, subject to maximum of Rs.2000/- per truck as may be decided by the GNFC in its sole discretion. Relaxation in delivery period of 1 day will be given in case of split delivery enroute to final destination. 7 Bills with acknowledgement should be submitted on Fortnightly basis and not later than 30 days from the date of despatch of the Neem Seeds from various locations. 8 In case of damage to the Neem Seeds in transit, value of Neem Seeds received short will be recovered from the Transporter. The rate of recovery will be determined by the Company in relation to the quantity lost and/or severity of the damage caused to the Neem Seeds, and it shall not be open to any question by the Transporter. 9 RESOLUTION OF DISPUTES: 9.1 All disputes or difference(s) whatsoever which shall at any time arise between the parties hereto touching or concerning the works or the execution or maintenance thereof of this Agreement/ Contract/ Work Order/ Purchase Order/ Service Order or the rights touching or concerning the works or the execution or maintenance thereof of this Agreement/ Contract/ Work Order/ Purchase Order/ Service Order, of the construction meaning operation or effect thereof or to the rights, liabilities of the parties or arising out of or in relation thereto whether during or after completion of the Agreement/ Contract/ Work Order/ Purchase Order/ Service Order or whether before or after determination, foreclosure or breach of the Agreement/ Contract/ Work Order/ Purchase Order/ Service Order, shall be referred by the disputing Party, in writing to the other Party, Page 3 of 6

4 within 30 days of occurrence of such event, to resolve any such dispute or difference. 9.2 If such dispute mentioned above is not resolved amicably by direct informal negotiation, within a period of 30 days, then such dispute/ difference shall be referred to the Senior Manager/ Additional General Manager of the concerned department of GNFC. Senior Manager/ Additional General Manager shall give its decision within 60 days of the reference of the dispute to him. 9.3 If the Senior Manager/ Additional General Manager fails to deliver its decision within prescribed time period or either Party is dissatisfied with the decision of Senior Manager/ Additional General Manager, the dispute shall then be referred to the General Manager of the concerned department of GNFC, who shall give his decision within 90 days of the reference of dispute to him. 9.4 If the General Manger fails to deliver its decision within prescribed time period or either Party is dissatisfied with the decision of General Manger, the dispute will be then referred to a panel of Executive Director Technical and Chief Financial Officer of GNFC, whose decision shall be final and binding on both the Parties. The said panel shall give its decision within a period of 180 days from the date of reference of such dispute to the panel. 9.5 If the said Panel fails to give its decision within the prescribed period or either Party is dissatisfied with the decision of the said panel, such disputes shall be referred to arbitration by serving an Arbitration Notice, as per the provisions of clause below Arbitration. 10 ARBITRATION: 10.1 For the purposes of this Arbitration Clause, the Managing Director, Gujarat Narmada Valley Fertilizers and Chemicals Ltd. shall be the Appointing Authority If any Party serves an Arbitration Notice in respect of any dispute to the Appointing Authority, the dispute shall be finally settled by arbitration under the Indian Arbitration and Conciliation Act, 1996 ( Act ) and all statutory amendments, modifications thereof and the rules made there under, or any other corresponding law for the time being in force, by the Sole Arbitrator to be appointed as hereinafter provided Within 30 days of receipt of Arbitration Notice, the Appointing Authority shall appoint the Sole Arbitrator, who shall be a retired employee of GNFC, not below the rank of General Manager and who shall be qualified to be appointed as an Arbitrator under the law in force at the relevant time. Page 4 of 6

5 10.4 The provisions of the Indian Arbitration Act, 1996 and all statutory enactments and modifications thereof and the rules made there under shall apply to all such arbitrations The Arbitration proceedings shall be conducted in English and the venue and seat of the Arbitration proceedings shall be at Bharuch and the Courts at Bharuch shall have exclusive jurisdiction The governing substantive law shall be Indian laws. 11 Due to Transporter s inability, failure or negligence to execute the contract, any loss incurred by the Company, the same will be on Transporter s account. Executive Director of the Company or his authorized representative or his successor at his entire discretion may also terminate the contract in part or full, by giving 7(seven) days notice in writing. If in his opinion the work under the contract is not being done in accordance with the terms and conditions of the contract. Executive Director of the Company also reserves the rights to get the work done by any other agency on failure of the Transporter, at the risk and cost of the Transporter and any additional cost so incurred shall be recovered from Transporter s bills/bank Guarantee / Security Deposit/Security bond etc. 12 The Transporter will comply with all the rules and regulations of Govt. of India, State Govt. and Municipal Authorities etc. 13 All other terms and conditions given in the Tender Documents, NIT, Work order, tender terms (Annexure II) & rate schedule would form part of this contract 14 This Contract shall be subject to exclusive jurisdiction of courts situated in Bharuch. 15 Transporter, having raised any dispute/ litigation/ Arbitration against/with the Company or having any past history of legal dispute with the company or any existing legal dispute going on in any court of law by or against the Company, shall be liable to be disqualified from bidding/participating in any fresh/ amended tender inquiry that may be issued by the Company Page 5 of 6

6 IN WITNESS THEREOF, the Parties have here to set their hands and seal the day respectively appearing under their signature.. Signature & Date (Transporter) Signature & Date (Company) WITNESSES Page 6 of 6