THIS AGREEMENT made and entered on this _______ day of ________2016, at………….. BETWEEN, a person who is an end term Client, which expression shall, unless repugnant to context and meaning hereof, mean and include its Successors and assigns ON THE ONE PART AND -------------------, a Courier registered under Indian law and having its functional territory in India. ------------------- (Hereinafter referred to as “Service Provider”, which expression shall, unless it be repugnant to context and meaning hereof, shall deemed to include its Successors and assigns) on the other part.
1.1 “Client” means an end user, i.e. YOU, for the purpose of obtaining Courier Services.
1.2 “Client Information” means Your information made available to Courier in connection with such request by You for the use of Courier Services, which may include the Your name, pick-up location of parcel, Delivery location of parcel, contact information.
1.3 “Courier” means the Courier service provider.
1.4 “Courier Services” means provision of Courier delivery services provided to you by the service provider in the Territory.
1.5 “Service Fee/payment” amount you will be charged for Courier Services provided by service provider.
1.6 “Receiver” means the person to whom delivery is intended, that is, to whom delivery of good/parcel is made.
1.7 “Service provider” means the Courier.
1.8 “Shipment” means delivery of goods from one destination to another.
1.9 “Territory” means India in which you are enabled to request for delivery of goods.
1.10 “Vehicle” means the vehicle that Courier will be using for the purpose.
(Client and the Service provider are collectively referred to as “the Parties” and individually as “the party”).
1. Client desires to obtain Courier Services from the Courier Service Provider.
2. The Service Provider is in the business of providing Courier Services to various persons and other organizations. The Service Provider represented its willingness to Client that they have the requisite expertise, resources and the skilled personnel for providing the services and is desirous of providing the same to the Client.
3. The Client has agreed to avail the services offered by the Service Provider interalia for forwarding or dispatching the goods, Client intend to deliver through Courier Services and receiving of the same by the other party ,as desired by Client.
The services provided by Couriers are available only to entities and persons over the age of majority and who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the services.
4.1 Service Provider hereby agrees to provide to Client and Client hereby agrees to avail Courier Services from Service Provider.
4.2 In rendering the services to the Client, Service Provider warrants that:
4.2.1 It shall observe the best service quality standards and ensure that Service Provider renders its obligations to the satisfaction of the Client.
4.2.2 It shall meet the various deadlines and standards of services provided by him to the satisfaction of the Client.
4.2.3 It shall discuss and review its progress, on a regular basis as and when required by Client.
4.2.4 It shall extend services during the validity period of this Agreement.
4.2.5 It shall on completion of a successful delivery transaction, must obtain the signature of the person to whom delivery was made.
4.3 In case the services under this Agreement is continued for a further period without execution of another agreement, then such period of extension will be governed by the same terms and conditions of this Agreement, until a new agreement is executed in writing by the parties.
5.1 In consideration of Service Provider rendering the Services to Client, Client shall pay to Service Provider Service Fee as mentioned against each service availed by the Client. The Service provider shall not claim any other Service Fee in view of the change of circumstances / laws etc.
5.2 The Courier shall be entitled to set off against / deduct / recover from the aforesaid Service Fee and any other sums payable by Client to Service Provider at any time in respect of any amount due or claimed by Client or any statutory or regulatory bodies by the service provider for any action arising out of this Agreement. The amount, if any, net of such set off / deduction / recovery will be paid by the Client to the Service Provider.
5.3 It is hereby clarified that Client only obligation is to pay the aforesaid Service Fee to Service Provider’s duly authorized agents, employees, representatives. The Service provider shall identify such persons /Clients.
5.4 Any payment of the Service Fee made to and received by the service provider shall be considered as a full discharge of the Client’s obligations for payment of Service Fee hereunder.
5.5 The existing modes of payment for obtaining courier services are 1. Cash payment: Cash payment towards the Services obtained at the time of pick-up of delivery from the addresser or after the completion of the delivery to the addressee can be made to the Courier. You are responsible for the timely payment of the Service Fee and additional Charges (if any), in cash to the Courier. 2. E-wallet payment: Payment of the Service Fee (and additional Charges, if any, such as online transaction fee, surcharge etc.) can be made to WEFAST through an online portal, a prepaid payment instrument available for payment on the App/Site. Courier offers You the facility of making payments through prepaid payment instruments owned and operated by third party payment processors (“Payment Processor”). The processing of payments in connection with your use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that Wefast engages for the purpose. The Courier will not be responsible for any errors by the Payment Processor in any manner. 3. Credit and debit card: payment of service fee can be made through credit/debit cards of various banks. Wefast will direct you to the payment gateway of respective banks, through which you can make a payment.
5.6 EXTRA-HANDLING CHARGES.
Courier, can ask for an extra handling charge from the client covering the actual cash value in respect of loss of or physical damage to the goods intended to be delivered , provided that client agrees and pays the applicable charges to the courier. This extra handling charge does not cover indirect loss or damage, or loss or damage caused by delays. It is in the sole discretion of Client if he/she wishes to pay such extra handling charges. Courier shall furnish the receipt to the client.
6.1 Fee: - Client agrees to pay to the Service Provider for its services according to mutually agreed Schedule of Fee (as per distance of delivery/shipment). Payment shall be made by the Client on the event of completion of delivery by the Courier, upon receipt of the invoices raised by Service Provider. No escalation in rates on any account will be permitted during the contractual period.
6.2 Title Warranty: - Client warrants that it is the owner or legal custodian of the items and has full authority regarding the items in accordance with the terms of the Agreement. Security of the deliverables shall be the sole responsibility of the service provider; Service Provider shall give utmost care and consciousness while dealing with the deliverables of the Client.
6.3 Cash on delivery-
6.3.1 Simple cash on delivery: Under this service Courier will collect the goods intended to be delivered from client and deliver it to the recipient of goods to whom delivery was intended and will secure total 'value of goods' including service fee from the recipient. The Courier will then pay the 'value of goods' delivered to the client deducting the delivery charges. Such service will include fee for every visiting points which courier visited in order to complete the delivery transaction.
However the recipient has cancellation rights, if the recipient does not wish to pursue the delivery of goods, he/she may cancel the same. In such cases Courier shall return to Client, the goods intended to be delivered, and collect a service fee from the client, which shall include fee for every way point visited by the courier in order to complete the cancellation transaction.
6.3.2 Prepaid COD: Under this service the Client can request, Courier to pay the total ‘Invoice Value of the Goods’ intended to be delivered, at the time of pick-up of goods, deducting the service fee for such delivery, as well as amount for prepaid Cash on Delivery. The goods/parcel shall be delivered to recipient of the goods, to whom such delivery was intended and a payment of the total value of goods shall be secured in cash from the recipient by the Courier. However, the recipient has cancellation rights under such services, if the recipient does not wish to pursue the delivery of goods; he/she may cancel the same. In such cases Courier shall return to the client, the goods intended to be delivered and collect a service fee from client, including service fee for every waypoint visited by Courier to complete cancellation transaction, but shall not include the service fee of prepaid COD.
6.3.3 Cash on Delivery by transfer: Under this service, Courier shall transfer the 'value of goods' intended to be delivered by simple COD, through credit card, debit card, e-transfer or through any other online payment gateway(paytm,mobikwik,paypal etc) after the actual delivery is complete . Courier shall deduct the service fee and then remit to the client, the value of goods delivered. Client acknowledges and agrees to pay the extra tariff on such e-transactions levied by respective online gateway portals and correspondent fee of Cash on Delivery by transfer.
7. Service Provider shall confirm that it holds all valid licenses, registration and permissions that are required under the applicable laws for carrying out this activity.
8. Service Provider should comply with applicable Union, State and local laws, ordinance, regulations in performing its obligations, including procurement of licenses, permissions, certificates, etc, payment of taxes, if required.
9. The Client reserves the right to offer the same type of services to more than one agency.
The Service Provider shall:
10.1 Render the Services in terms of prevailing laws of the Country.
10.2 Perform and observe all rules and regulations of India.
10.3 Not do or cause to be done anything, which is prejudicial to the interest of the Client or whereby the business or reputation of Client may be injured or damaged.
10.4 Maintain in full force and effect all applicable licenses, permits, registrations and permissions as may be required for the purpose of rendering the Services under this Agreement and for matters incidental thereto.
10.5 Be responsible for the goods handed over to/collected/received/delivered by Service Provider and shall account for the same.
10.6 Shall not assign the agreement and or any of its obligations under this agreement to any third party without the prior written consent of the Client. Subcontracting is not allowed.
10.7 Shall not engage any person with criminal record/conviction and any such person shall be barred from participating directly or indirectly in providing the Services under this Agreement.
10.8 Not to make any representations or statements on behalf of the Client and shall not enter into any contracts on behalf of Client with any party / parties.
10.9 To provide all materials and equipment required by the Courier for the due performance of its obligations hereunder.
10.10 Observe and perform all such additional conditions, covenants, undertakings that may be made from time to time by the Client in its sole discretion.
10.11 To compensate the Client for any loss and/or damage caused to Client as a consequence of misconduct or negligence, forgery, fraud committed in person or in collusion with the third party by service provider.
11.1 Service Provider recognizes, accepts and agrees that all tangible and intangible information obtained/received/gained/developed or disclosed to the Service provider, including all details, documents, data, business/customer information (all of which are hereinafter collectively referred to as “Confidential Information”) that Service Provider may be, privy to, shall be treated as absolutely confidential.
11.2 The Service Provider irrevocably agrees, undertakes and ensures that:
11.2.1 The Service Provider shall keep all the Confidential Information as secret and confidential and shall not disclose the same, at all to any person/s at any time or use, nor shall allow to be used for any purpose other than as may be necessary for the due performance of - Service Provider’s obligations under this Agreement.
11.2.2 The Confidential Information will not be used or permitted to be used by a service provider in any manner, even after the term / termination of this Agreement.
11.2.3 Service Provider shall be responsible for any act / deed done contrary to the above terms and indemnify Client for any loss / damage that may be caused to or suffered by the Client due to such acts.
11.3 In the event of a breach or threatened breach by Service Provider of the aforesaid clause, Client, shall be entitled to injunctive relief in addition to monetary damages to restrain Service Provider from any such breach, threatened or actual.
11.4 The provisions of the aforesaid clauses and the indemnity contained therein shall survive, even after the termination or expiry of this agreement.
11.5 Delivery Information : information, including Personal Information, provided as part of a delivery transaction represents a record of that business transaction and cannot be altered after the transaction is complete except as provided in the service provider Terms and Conditions. Although Courier service provider makes reasonable efforts to limit access to such information to authorized personnel, service provider are not responsible for maintaining the confidentiality of information that is printed and placed in plain view on a package or letter.
11.6 Service provider treats our data as assets that must be protected against loss and unauthorized access. Service provider must appropriately protect confidential information from unauthorized access by users inside and outside. Access to Client information is limited to those who have a legitimate business need for that information.
11.7 If Service Provider is directed by a court or by a Regulator to disclose information or documents relating to Client including confidential information, it shall notify Client in writing, along with a copy of such order / notice, in sufficient detail immediately upon receipt of such orders in order to permit Client to make an application for an appropriate protective order and provide such information / documents as may be advised by Client in writing.
12.1 The Service Provider shall undertake to provide regular updates at such intervals of the present status of goods in lien for delivery with respect to Courier Services provided in terms of this Agreement.
12.2 Service Provider hereby agrees to ensure that high standards of care in performing the Services in terms of this Agreement and Client has the right to intervene with appropriate measures to meet legal and regulatory obligations.
(a) Client shall not disguise the origin of information transmitted through the Courier service provider.
(b) Client will not place false or misleading information to the Courier.
(c) Client shall not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of the Courier service provider.
(d) Client may carefully note that your consignment must not contain any letter of communication which will infringe the INDIAN POSTAL ACT. 1983. Cheques, Drafts, Files, Stationery, Documents, Negotiable instruments, Banking papers, L.Cs and such other documents are not barred from being sent through Courier service. Courier service provider accepts envelopes/parcels in good faith that they do not contain anything, which will infringe the Law. However the consignment should not contain any paper or documents which cannot be reconstructed in case of laws.
(e) Consignments/parcels, which are of Hazardous Nature (Chemicals, Flammable Articles and Liquids) expressly prohibited by the RAILWAY/AIRPORT AUTHORITY OR ANY OTHER TRANSPORT AGENCY, shall not be accepted.
(f) Courier service provider request Client not to enclose CASH in the Courier consignment and not to book Jewels, Textiles, High value gift articles, Share Certificates and Travel documents.
(g) Courier requests the Client to ensure that the consignment is properly packed with thick paper material to withstand the handling.
(h) The Client should book all your tender documents in advance so as to reach their destinations on time.
To The Fullest Extent Permitted By Law, you Hereby Expressly Agree That Any Proceeding Arising Out Of Or Relating To Your Use Of Courier services , The Couriers Systems, Information, Services, and Content Shall Be Instituted in courts in India, And You Expressly Waive Any Objection That You May Have Now Or Hereafter To The Laying Of The Venue Or To The Jurisdiction Of Any Such Proceeding. You Agree That Any Claim Or Cause Of Action Arising Out Of Or Related To Your Use Of The Courier Services and/or Content Must Be Filed Within One (1) Year After Such Claim Or Cause Of Action Arose.
18.1 The Client shall be solely liable for the payment of all taxes, duties, fines and penalties by whatever name called as may become due and payable under any law, rules or regulations as applicable from time to time in relation to the Services hereby agreed to be rendered by service provider, which ultimately will be paid to the concerned authority by the Service provider. The Service Fee charged by Courier shall be inclusive of all taxes of the land (if applicable).
18.2 In case the services rendered by a Courier service provider comes within the exemption limit of service or other taxes, the same will not be charged from the Client.
The Service Provider shall maintain at its sole expense, throughout the tenure of this Agreement and the extensions thereto, sufficient insurance coverage in respect of all possible threats / losses that may result from the obligations under this Agreement and in the form and manner satisfactory to the Client.
Paragraph Headings:Paragraphs headings are for convenience only and shall not be a part of the Terms and Conditions of this Agreement.
Waiver:Failure by the Client at any time to enforce any obligation of Service Provider to claim a breach of any term of this Agreement or to exercise any power agreed to hereunder, will not be construed as a waiver of any right, power or obligation under this Agreement and it will not affect any subsequent breach and will not prejudice Client as regards any subsequent action.
Severability:If any term or provision of this Agreement should be declared invalid, the remaining terms and provisions of this Agreement shall remain unimpaired and will remain in full force and effect.
Service Provider shall not assign, delegate, sub-contract or transfer any of its responsibility or any right or obligation contained in this Agreement to any agent and / or sub-agent or to any third party.
If such assignment is as a result of the operation of any laws, then Client shall have the option on such assignment to forthwith terminate this Agreement and Service Provider shall be liable to compensate the Client for damages suffered by Client for what would otherwise have been the remainder of the agreed tenure of this Agreement.
It is expressly agreed and understood between the parties hereto that:
22.1 This agreement is on a non-exclusive basis and Service Provider does not have any exclusive right to provide the Services to Client.
22.2 Client is free to engage as many companies/firms, to avail such services at any time or in concurrence with the services by services provider and Service Provider will not have any objections to any such arrangements by Client to any other companies / firms or otherwise.
22.3 Service Provider shall also be at liberty to secure assignments from any other Client.
This Agreement supersedes any and all agreements, contracts or addenda relating to the said Services performed by the Service Provider. This Agreement, together with Annexure is entire in it and cannot be changed or terminated orally. No modification of this agreement shall be binding unless communicated in writing and accepted by Client and Service Provider.
24.1 This agreement is on a principal-to-principal basis and does not create any employer-employee relationship.
24.2 Service Provider shall provide the Services hereunder as an independent service provider and nothing contained herein shall be deemed to create an association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between Client and Service Provider.
24.3 Service Provider, the Company Staff or its agents have no authority to bind Client in any manner by any action/ representation whatsoever.
Service Provider hereby agrees and undertakes unconditionally and irrevocably to indemnify, keep indemnified and hold harmless Clients against all losses, claims including third party claims, damages, penalties, costs or expenses, duties, of any kind whatsoever which may arise on account of proven warranty representations, unauthorized acts, fraud, deed or loss in transit against or be incurred by Client as a result of any act, omission or commission, negligence or any other reasons whatsoever, on the part of Courier Service Provider.
a. The termination of this agreement shall not affect the rights, remedies and obligations of the parties accruing prior to such termination.
b. The provisions of this Article shall not preclude Client from recourse to any other remedies available to it under any statute or otherwise, at law or in equity.
c. Service Provider shall upon termination of this Agreement forthwith hand over to Client all documents, material and any other property belonging to Client including any confidential information.
a. Non observance of the provisions of this Agreement by Service Provider.
b. Negligence on the part of Service Provider in rendering the services.
c. In the opinion of Client the performance of Service Provider is not in accordance with the service standards expected.
d. If Service Provider ceases to do business in a normal and customary manner.
e. If the rendering of the Services under this Agreement is illegal or violation of any law for any reason whatsoever.
f. If in the opinion of Client, the interests of the Client are jeopardized in any manner whatsoever.
30.1 In the event of any dispute or difference of opinion between the parties arising out of or in connection with this Agreement or with regard to performance of any obligations by either party, the parties hereto shall use their best efforts to settle such disputes or differences of opinion amicably by mutual negotiation.
30.2 However, if the same still remains unresolved, then such dispute, difference or question in respect of this Agreement or the subject matter thereof, shall be referred to for the decision of Arbitrators appointed by Dayal legal associates. The Award of the Arbitrators shall be final and binding on the parties and the provisions of the Indian Arbitration and Conciliation Act, 1996 or any statutory modifications or re-enactment thereof shall apply to such Arbitration. The arbitration proceedings shall be conducted in the English language. Subject to the above, the courts of law in India alone shall have the jurisdiction in respect of all matters connected with this Agreement. The arbitration award shall be final, conclusive and binding upon the Parties and judgment may be entered thereon, upon the application of either party to a court of competent jurisdiction. Each Party shall bear the cost of preparing and presenting its case, and the cost of arbitration, including fees and expenses of the arbitrators, shall be shared equally by the Parties unless the award otherwise provides.
30.3 Any Legal Disputes shall be subject to Indian jurisdiction.
All notices to be given pursuant to the provisions of this Agreement shall be sent by hand delivery, registered e-mail, facsimile / fax or reputable overnight Courier service to the parties at the address mentioned in this Agreement.