This Agreement made at XXXXX, Distt XXX State XXXX this 1st day of Oct 2008 (Agreement)
BETWEEN
XXXXX Company, a company incorporated under the Companies Act, 1956 having its Registered Office at
((LOCATION)), (hereinafter referred to as XXXXX Company which expression shall unless it be repugnant to
the context or meaning thereof be deemed to include its successors and permitted assigns) of the ONE PART
AND
XXX Tours & Travels a proprietary concern, through its proprietor Mr XXXX Singh, aged XX years and residing
at House No. XXX, Sector XXX, PUNJAB (hereinafter called Service Provider which expression shall unless it
be repugnant to the context or meaning thereof be deemed to include his heirs, successors and permitted
assigns) of the OTHER PART
WHEREAS:
(a)
XXXXX Company has a factory unit at Village XXXX, Tehsil XXXX, District XXXX, (hereinafter
called Factory Premises) and is in need of services which interlaid include pick-up and delivery service
for transportation of XXXXX Company employees more particularly mentioned hereinafter, to and from
the said factory premises or such other place to destination as may be instructed by XXXXX Company
from time to time.
(b)
The Service Provider approached XXXXX Company and expressed its willingness to provide the
services as mentioned herein under to and from XXXXX Company factory premises or such other place
as may be instructed by XXXXX Company from time to time.
(c)
AND WHEREAS XXXXX Company hereby appoint and Service Provider hereby accepts the job of
providing transportation services as detailed hereinafter at the said factory premises or such other place
as per XXXXX Company requirement on the terms and conditions hereinafter mentioned:NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS
1.
SCOPE OF SERVICE PROVIDER
Service Provider shall provide the following services as instructed by XXXXX Company.
The scope of work of the Service Provider shall include: (a)
Providing vehicle as per annexure A attached run by a driver who shall be the employee of
the Service Provider. The driver shall be a qualified professional driver with five years experience having
drivers license and other related permissions as instructed and required by the traffic authorities from time
to time.
(b)
The Vehicle will run as per shift schedule or as told by representative of XXXXX Company, which
shall pick-up employees of XXXXX Company from transporting employees of company from
(((LOCATION))) to Plant ((LOCATION)) at (((LOCATION))) & vice versa at a time given by company form
time to time and en-route shall pick employees at places instructed by XXXXX Company.
(c)
Further the Service Provider shall run the vehicle form the factory premises to ((LOCATION)) and
surrounding areas for dropping the employees and from the Factory Premises to any other area as
specified by XXXXX Company from time to time.
(d)
Service Provider shall also run the vehicle for official work as and when required with company
employee. The Driver of the vehicle has to ensure that written authorization is given by authorized person
to run the vehicle for official work. XXXXX Company may add, alter or modify timings or route or number
of trips as per necessity.
(e)
The Service Provider shall run the vehicle only for the above mentioned purpose only or other wise
as directed by the XXXXX Company representative
(f)
In case due to any reason if regular Vehicle used for said service is not available due to any
technical default or break down then the Service Provider shall provide immediately a substitute Vehicle
to be run on the route as scheduled for the period of breakdown. If in case the Service Provider is not
able to provide the vehicle, XXXXX Company has the liberty to hire/arrange the vehicle of his own and
debit the expenses to Service Provider (hereinafter collectively referred to as the Services) and the
service provider shall render the service to XXXXX Company by engaging Service Providers own
employees who are experienced, trained and technically qualified for providing services and shall
supervise the same.
2.
3.
NOT TO ASSIGN
Service Provider shall not appoint any sub-contractors and shall not transfer or assign the whole or any
part of the services to a third party.
4.
Provider, XXXXX Company shall be entitled to recover the same from Service Provider and/ or to
deduct such sum or sums from any amount payable to Service Provider
(j)
XXXXX Company shall in no way be responsible/ liable to pay any compensation for any loss or
damage, accident or injury caused to Service Provider or any of its employees.
(k)
To provide competent and prompt services as required by XXXXX Company.
(l)
Service Provider shall ensure that its employees are properly trained and if any mishap happens
while rendering of service and personnel of XXXXX Company suffer any injuries etc then the Service
Provider shall be responsible for same and shall make good all cost and expenses incurred by the
Employee/ XXXXX Company on behalf of the employee.
5.
The Company will pay Service Provider on kilometre basis. (As per Annexure Attached). XXXXX
Company shall make an all inclusive monthly payment to Service Provider as per attached annexure,
subject to deduction of applicable tax. Invoices shall be raised by Service Provider. XXXXX Company
shall make payments by cheque drawn in favour of M/s xxx Tours & Travels.
6.
7.
SECURITY MEASURES
Service Provider shall follow all the security measures from time to time in respect of Service Providers
Vehicles, employees, material, instruments or otherwise required for its effective service.
8.
CHECKING
XXXXX Company shall be entitled to nominate at its own cost an employee or any other person at such
time as it may deem necessary (if required) to check the working, Vehicles, instruments, equipments,
materials used by Service Provider as it may in its absolute discretion deemed necessary.
9.
NO AGENCY
Nothing in this contract shall constitute either XXXXX Company or its employees and representatives as
XXXXX Company agents or employees, so as to bind XXXXX Company in any way, except as otherwise
provided in this Agreement or specified by XXXXX Company in writing.
10.
11.
ARBITRATION
If any dispute or difference shall arise at any time between the parties hereto for or in connection, inter
alia, with the validity, termination or effects of this Agreement or any terms or conditions or clause thereof,
then the parties shall use their best endeavours to amicably settle the same. If any dispute continues
between the Parties and the Parties fails to reach an amicable settlement within 30 days from the date of
a written notification addressed by either Party to this effect, such dispute shall be referred to arbitration of
the sole arbitrator to be appointed by XXXXX Company. The Arbitration shall be governed by and
conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration
proceedings shall be conducted in English and the Arbitration shall take place at ((LOCATION)) (UT). The
arbitral award shall be final and binding upon both parties.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS THE DAY AND
YEAR FIRST HEREIN ABOVE WRITTEN
Annexure A
TYPE OF
VEHICLE
1.
CAB
(Eight
Seater)
Rs XXXX
Rs X.XX per
km
REMARKS
24 Hrs
(Including
Sunday and
Holidays)
XXXXXXXX COMPANY
(Authorized Signatory )
XXXXX Singh
(Proprietor)
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