You as a registered TRANSPORT ASSOCIATE which expression unless repugnant to the context or meaning thereof shall include its subsidiaries and affiliates), of the other Part.
Whereas VALUESHIPR is in the business of providing a Technology Platform ecosystem for Logistics solutions and other allied services through multi-modal movement of cargo under the GTA act in the business of Aggregation by providing special services to the customers such as Business to Business, Business to Customer & Customer to Customer on pick and delivery of the Consignments etc.
WHEREAS the TRANSPORT ASSOCIATE of the Second Part has approached VALUESHIPR to engage and authorize him/them to act as TRANSPORT ASSOCIATE for the purpose of carriage of cargo from one place toanother place as specified by the VALUESHIPR platform from time to time, within the territorial limits of the country. The TRANSPORT ASSOCIATE has duly executed TRANSPORT ASSOCIATE REGISTRATION FORM and provided the Associate VALUESHIPR details, Vehicle details, Driver Details and other important documentation as per requirements together that forms a part and parcel of the present agreement for completion of empanelment with VALUESHIPR. Further if any case of any wrong information is found furnished by the TRANSPORT ASSOCIATE either in the said TRANSPORT ASSOCIATE opening form or in the documents enclosed, VALUESHIPR reserves its right to terminate the present agreement at any time without any further notice.
TRANSPORT ASSOCIATE – TERMS, OBLIGATIONS AND RESPONSIBILITIES:
- The TRANSPORT ASSOCIATE agrees by being a part of the VALUESHIPR Logistics platform ecosystem, they are part of a neutral platform and every BID or ORDER that they win will enforce a Legal Agreement between them and the concerned Cargo Owner / Shipper. Further M/s. Decker Logistics Pvt. Ltd (VALUESHIPR) is a Logistics Technology company, providing Logistics ecosystem for linking Cargo Owners with Transport Associates for their Shipment requirements.
- The TRANSPORT ASSOCIATE undertakes to use the VALUESHIPR Mobile APP or Web Application or Call Centre support to effect and consummate transactions.
- If the vehicle offered / registered on the VALUESHIPR platform by TRANSPORT ASSOCIATE is under a hire-purchase, Loan agreement, the TRANSPORT ASSOCIATE shall ensure timely payment of installments to financiers, so as to avoid restraint, seizure or detention of the vehicle, while in the service or engagement of VALUESHIPR. The vehicle should be insured under a valid Motor Insurance policy providing comprehensive coverage including third party unlimited liability by the TRANSPORT ASSOCIATE at his own cost and VALUESHIPR shall not in any way be concerned with the lodging, conduct, pursuit and recovery of claims for damages of the vehicle or for the settlement of any third party claim. However, VALUESHIPR may provide assistance if any, to the TRANSPORT ASSOCIATE as required on case to case basis.
- The vehicle offered by the TRANSPORT ASSOCIATE to the VALUESHIPR platform shall at all times, ensure strict compliance’s with the provisions of the Motor Vehicles Act, 1988 and the rules and regulations framed there under, and also with the provisions of all other applicable statutes for the time being in force.
- The TRANSPORT ASSOCIATE will be entitled to the Freight charges plus any other miscellaneous charges (less of VALUESHIPR commissions) if any, payable based on arrangement as per Annexure attached hereunto. These charges are subject to change at the sole discretion of the VALUESHIPR but the same will be circulated by the VALUESHIPR from time to time through internal and acceptable means of communication.
- The parties to this contract hereby expressly agree that the cargo weight will not be more than the rated capacity of the vehicle on any trip. The TRANSPORT ASSOCIATE will ensure and be responsible for due diligence checks to be instituted for ever Trip it undertakes on the VALUESHIPR platform.
- The TRANSPORT ASSOCIATE hereby undertakes to accept cargo from the consignor / point of Loading in good packed condition. He will be responsible for the safety of the cargo during handling and transit. Any abnormality of the Cargo / packaging needs to be noted on the Loading receipt ( LR) by the Transport Associate or their driver and a signature to that effect taken from the consignor. If the cargo is received short or in damaged condition due to negligence and / or carelessness on the part of the TRANSPORT ASSOCIATE then the cost of such shortage/damage will be recovered from the TRANSPORT ASSOCIATE as is the case today.
- The TRANSPORT ASSOCIATE or their driver shall submit the Signed consignee copies of Loading Receipt (LR) / Invoice bills once in a week ie; every Saturday, and the payment of the same would be released on confirmation of delivery and on specific dates as fixed by the VALUESHIPR.
- The Vehicle will be tracked dually, one by the GPS device tracker and also by the Driver APP. The TRANSPORT ASSOCIATE undertakes to instruct their driver designated to report Location compulsorily using the Driver APP, 3 times a day. Further the Transport Associate will also ensure the safekeep of the device fitted at all times and report to VALUESHIPR if there is any abnormality, deviations etc.
- The TRANSPORT ASSOCIATE should deposit any part payment Cheque/ DD/ CASH which he collects against services offered on behalf of Valueshipr favouring ”DECKER LOGISTICS PVT LTD ” and on the same day he needs to deposit the payment in the nearest Bank branch as mandated by VALUESHIPR.
- The TRANSPORT ASSOCIATE should adhere to all guidelines and procedures as directed by the VALUESHIPR such as the TRANSPORT ASSOCIATE will be responsible for providing vehicles on time for the Bids won by them on VALUESHIPR platform AND if required shall provide loaders as well for their services. If the VALUESHIPR finds the TRANSPORT ASSOCIATE not adhering to the rules and guidelines or deliberate violation, then this agreement will be terminated by the VALUESHIPR without notice.
- The TRANSPORT ASSOCIATE will be responsible for the good will and brand value of the VALUESHIPR. The Associate is strictly prohibited and not allowed to involve in any activity which may impact the VALUESHIPR’s brand image.
- The TRANSPORT ASSOCIATE will display the VALUESHIPR Associate certificate at their office. Also the TRANSPORT Associate will allow VALUESHIPR Branding on their Vehicles – Front & Back of their Registered Trucks as directed by VALUESHIPR officials.
- The Transport Associate understands that ValueShipr adopts dynamic algorithms that calculates commissions for various categories of loads and service based on the demand and supply available of cargos and the vehicles. The annexure indicates the range of commissions, you would pay to ValueShipr depending upon the type of cargo.
- The TRANSPORT ASSOCIATE will not use or disclose information other than as permitted or required by the agreement or as required by law.
- The TRANSPORT ASSOCIATE will be responsible for the safety of GPS device and other peripherals which is fitted in vehicles. If device is damaged due to negligence of his staff etc. then an amount of Rs. 6500/- will be Claimed / adjusted from the TRANSPORT ASSOCIATE.
- The TRANSPORT ASSOCIATE will ensure that the MOBILE APP is downloaded both by the Admin / owner / director / Decision maker and by their Driver Assigned to the Vehicle assigned to the VALUESHIPR platform
- The TRANSPORT ASSOCAITE will ensure that Basic Android Smart phone of a decent and acceptable quality is available both with the Admin / decision maker and the Vehicle Driver.
- The TRANSPORT ASSOCIATE will be responsible for the safe custody of cargo during transit. In case the vehicle meets with an accident or any untoward incident, then the TRANSPORT ASSOCIATE shall take immediate steps to protect and safe guard the cargo and shall report the matter to the office of VALUESHIPR. The TRANSPORT ASSOCIATE shall also arrange to file necessary FIR and to arrange for survey, photograph and other formalities required and shall also make alternate arrangement to move the cargo to the destination as directed by VALUESHIPR. The TRANSPORT ASSOCIATE will also facilitate to provide all documentation as desired for Insurance or formalities as required by Consignor.
- The TRANSPORT ASSOCIATE will agree to ply the vehicle, on the trade route as per the schedule and direction given by the VALUESHIPR and its customer.
- In case, the TRANSPORT ASSOCIATE is not in a position to provide the vehicle post winning the BID on the specified route, the VALUESHIPR is entitled to make its own alternate arrangements. However the expenses incurred in making the alternate arrangement will be recovered from the TRANSPORT ASSOCIATE.
- The TRANSPORT ASSOCIATE has agreed to allow the VALUESHIPR to recover up to 50% of the freight amount, refunded to the customer due to delay in delivery or the route trip cost whichever is high.
- For Fixed Contract Bids won by Transport Associate, the Service contract will be made separately with the Cargo Owner. The entire process will be guided by ValueShipr Officials. The contract for the same will be drawn out separately between both parties.
- For Fixed Rate Contracts, Invoice clearly specifying the freight charges, amount of service tax, Service Tax Registration number & Category shall be submitted on monthly basis by Transport Associate to ValueShipr and Cargo Owner. The payment shall be made within 30 working days from the date of receipt of correct invoice(s) along with the copies of proof of amounts claimed including all proofs of delivery. Any discrepancy in invoice will be intimated in 10 working days. The invoice shall be raised on the basis of delivery.
- The TRANSPORT ASSOCIATE or his employee/driver should not allow any passenger to travel or load any material belonging to the third party, contraband and/or hazardous material in the vehicle other than the material loaded by the VALUESHIPR. If any such instances are noticed, this agreement will be terminated by the VALUESHIPR without notice and the damages if any, sustained as a result of violation of above said condition will be recovered by the VALUESHIPR from the TRANSPORT ASSOCIATE.
- The TRANSPORT ASSOCIATE hereby expressly agrees to abide by the rules and regulations and the relevant laws of the land in force in connection with the deployment of the vehicle and carriage of the goods with the VALUESHIPR platform. However, it is made expressly clear that VALUESHIPR will not assume any responsibility and/or financial liability arising out of the contravention of any of the statutory obligations on the part of the TRANSPORT ASSOCIATE or their employees.
- The VALUESHIPR undertakes to deal with the CONSIGNOR for the problems arising out of the improper documentation in relation to the cargo loaded in the vehicle. If the TRANSPORT ASSOCIATE vehicle is detained due to the improper documentation of the cargo loaded in the vehicle, it is the duty of the TRANSPORT ASSOCIATE to inform VALUESHIPR immediately without delay to enable them to arrange for release of the vehicle. However, if the TRANSPORT ASSOCIATE vehicle is detained due to non-production of necessary documentation to the concerned authority pertaining to the vehicle, in that case it will be the duty of the TRANSPORT ASSOCIATE to release the vehicle forthwith and the losses if any suffered on this account shall be recovered by VALUESHIPR from the TRANSPORT ASSOCIATE.
- VALUESHIPR will facilitate to provide all documents required, pertaining to the consignments loaded from the Consignor, to the driver of the vehicle, on completion of loading. If however, the documents given are not produced by the driver of the TRANSPORT ASSOCIATE to the inspecting authority on demand at any place en-route, the TRANSPORT ASSOCIATE will be held responsible for all consequential losses on that account. In addition, all penalties due to late arrival of cargo will be applicable as per clause no 11,12,14 & 15 of the agreement.
- The TRANSPORT ASSOCIATE hereby declares and confirms that he has personally verified the driving license issued to his driver by the competent authority as to its genuineness, correctness and completeness and shall further ensure that his driver(s) shall hold a valid and authentic driving license at all material times during the VALUESHIPR’s assignment.
- The TRANSPORT ASSOCIATE hereby further declares and confirms that he has verified all the antecedents of the driver, checked for any criminal ancedants and also his proficiency in driving the vehicle before getting him deployed for the VALUESHIPR’s assignment.
- Whenever the VALUESHIPR conducts training program to improve the operating skills for safe and efficient running of the vehicle, the TRANSPORT ASSOCIATE shall ensure that all his drivers under-go the training on a mutually fixed day and time. The TRANSPORT ASSOCIATE agrees to replace the driver if found unsuitable after medical checkup as to their physical fitness.
- The TRANSPORT ASSOCIATE agrees to obtain a road worthy certificate of his vehicle from the concerned R.T.A periodically. The VALUESHIPR reserve its right to refuse to operate the said vehicle in absence of those certificates.
- It is agreed by and between the parties that there will no employer-employee relationship between the VALUESHIPR and driver/helper/attendant of the TRANSPORT ASSOCIATE vehicle under the terms of the Industrial Disputes Act or any other applicable laws or statutes then in force
- It is hereby agreed by the TRANSPORT ASSOCIATE that all the payments pertaining to the driver/helper/attendant of the vehicle for and/or in respect of any other statutory obligations will be paid by him only and documentary proof to that effect will be submitted by the TRANSPORT ASSOCIATE to the VALUESHIPR as and when demanded.
- It is agreed by the TRANSPORT ASSOCIATE that the driver of his vehicle will put on uniform/ decent dressing which is mutually acceptable to both parties while on duty. The TRANSPORT ASSOCIATE is liable to provide additional pair of uniform if required or in the event of any change of the driver during the year.
- It is hereby agreed by the TRANSPORT ASSOCIATE that he will not change the driver without permission of the VALUESHIPR. However, in case of change of driver for valid and justified reasons the TRANSPORT ASSOCIATE shall immediately furnish full relevant particulars such as the photograph of the new driver, photocopy copy of his driving license duly attested by any responsible Authority or Transport Company OWNER and stamped within seven (7) days and the same will need to be updated in the VALUESHIPR platform system.
- It is hereby agreed by the TRANSPORT ASSOCIATE that he shall not have a lien over the cargo entrusted to him by the VALUESHIPR belonging to the customers for the hire charges if any payable to him.
- TRANSPORT ASSOCIATE shall also on a periodic basis employ measures to confirm that the drivers have no criminal history during the period he provides services to the TRANSPORT ASSOCIATE.
- The TRANSPORT ASSOCIATE has agreed to furnish the particulars of the Vehicle as under :
The TRANSPORT ASSOCIATE shall bear all handling expenses during loading and unloading of the cargo.
The TRANSPORT ASSOCIATE has agreed to make good the loss to VALUESHIPR and further keep VALUESHIPR indemnified from the losses if any incurred on account of loss or missing of any documents from his custody wherein VALUESHIPR would have been accountable for such losses in ordinary circumstances. However, the TRANSPORT ASSOCIATE shall make the FIR copy available to the VALUESHIPR in respect of the missing documents.
The TRANSPORT ASSOCIATE agrees to abide by the rules and regulations of traffic and other statutory requirements and should comply with and carry all the statutory documents required for the vehicle. He further agrees to be solely responsible for any loss caused to the VALUESHIPR due to the violation of the above rules by him.
Terms of Services – Tracking Device
VALUESHIPR shall through its associated partner provide the following services to TRANSPORT ASSOCIATE as a part of this contract:
Tracker Device Services:
a) Vehicle Tracking Device that may collect data through different sensors or diagnostics of the engine of the vehicle.
b) Mobile Widgets that can be leveraged by the mobile applications offered by VALUESHIPR.
c) Shipping, Delivery and installation of devices on the Vehicles.
d) Monitoring and maintaining uptime of devices.
e) Push Notifications that are sent to the mobile applications for updating Vehicle Related Information.
f) Additional Data capture through external sensory devices including but not limited to temperature in the vehicle, quality of the cargo, performance of the engine, pressure in the tyres (if opted for) etc.
g) Analytics and Reports.
h) Upgrades to Firmware, Software, Fixing Bugs, Widgets, APIs, Documentation.
Delivery and Installation:
a) All delivery times of the Device, and dates as are approximate, but VALUESHIPR’s associated partner shall use its reasonable endeavors to respect them. VALUESHIPR or VALUESHIPR’s associated partner shall not be liable for any loss or damage resulting from late delivery.
b) Installations where electrical wiring is required shall be carried out by a representative of the associated partner of VALUESHIPR. TRANSPORT ASSOCIATE shall provide the necessary details and necessary permissions for the representatives of VALUESHIPR’s associated partner to carry out the installation.