________________________________(" Consignor"); an
________________________________("Consignee"), all of whom are collectively, the parties ("Parties") to this GCN
All consignments accepted for dispatch under this GCN are carried at Truck Owner's risk.
The Truck Owner shall ensure the storage space in the trucks provided have smooth and clean inner walls and trucks owner shall be liable for damages caused to the goods arising due to non-compliance with this provision.
The Truck Owner shall be liable to the Company for any shortage, damages or loss of consignment arising from reasons of, including but not limited to, breakage, leakage, evaporation, theft, accident to vehicles in which the goods are transported.
The Truck Owner shall be liable for any loss or damage to any consignment, where such loss or damage has arisen on account of any criminal act of the Truck Owner and or any of his Personnel ("Personnel").
The Truck Owner shall identify and at all times keep the Company Indemnified against any loss or damage to the consignments due to accidents, fire, robbery, pilferage, seal tampering, adulteration, rough handling or due to any other reason whatsoever while the same are in their custody. The Truck Owner will be liable to identify to the extent of loss or damage of the consignment.
The Truck Owner agrees to provide timely intimation to the Company in case there is a need to transship the goods due to any unavoidable circumstances, and shall transship the goods after obtaining prior consent from the Company. The Truck Owner shall ensure that the goods are loaded and unloaded with utmost care and without causing any damage. In the event of such transshipment, the Truck Owner shall be liable for any loss and or damage to the goods.
Freight charges shall be payable to the Truck Owner by the Company after the goods have been successfully delivered at the agreed location in accordance with this GCN, provided the time of loading and proof of delivery ("Documents") signed by the Consignee. The Truck Owner and or Personnel shall have and possess at all times the Documents during and after the transit and in case of loss of these Documents, the Truck Owner shall forego the entire freight charges.
The Truck Owner shall deliver the GCN signed by the Consignor to the Consignee at the agreed location at the time of delivery of the consignment and the Truck Owner shall ensure that the Consignee signs on the reverse of the GCN. If the Truck Owner does not produce the GCN at the time of delivery for any reasons whatsoever, the company is not responsible to pay the freight charges to the truck owner. If the advance payment has been made, the entire amount shall be recovered from the truck owner unless the Truck Owner executes a stamped indemnity bond in form and substance approved by the Company.
The Company has the right of re-measurement, re-classification of rates at source and destination and of collecting before the goods are delivered on any amount that may have been omitted or undercharged.
The Consignor shall be responsible to furnish details pertaining to the quantity, description, weight, packing, declaration whether they are dangerous or hazardous goods and value of the goods to be transported. The Consignor shall provide such particulars assuming legal responsibility for the accuracy of the facts furnished herein and shall indemnify Company against any damage suffered by the Company for reason of incorrectness or incompleteness of the particulars furnished.
The Consignor is responsible to obtain and handover any and all documentation required and appropriate permits for transport by road to the Company at the time of booking the goods. In consequences arising out of such transport without permit and or failure to furnish all requisite documents by the Consignor at the time of breage of the goods as per state sales tax act and rules. It will be carried at the risk of Consignor and the Company shall not be responsible in any manner in the event the goods are detained, seized or confiscated by government authorities as a result of such failure pursuant to this clause.
The Truck Owner and or Personnel agree not to transport any goods of third party along with the goods being transported under this GCN without obtaining prior written consent from the Company.
The Truck Owner and or Personnel is responsible for generating and carrying valid documents under all applicable law for transit of truck through check posts including but not limited to entry pass, exit pass, transit pass.
The Truck Owner shall be responsible at all times for all acts or omissions of its Personnel (including drivers and cleaners). The Truck Owner shall, at all times be responsible for compliance with all laws applicable to his business including (but not limited to) labour laws, claims and compensations on behalf of its Personnel (including drivers, cleaners and others) arising out of this GCN. The Truck Owner shall obtain insurance policies coverage for its Personnel for providing relief in case of death, or injury of such Personnel while providing transportation services under this GCN.
The Company reserves in its sole discretion, the right to refuse to accept goods for dispatch under this GCN without assigning any reasons to the Consignor.
In case of any liability arising to the Company on account of agreements of indemnity executed by the Company with banks, the Company shall have a right to use or get indemnified or recover the loss of goods from the Consignor or the Consignee or from both as per choice of the Company.
All liabilities and responsibility of the Company to the Consignor and the Consignee cease on the delivery of the goods at the Consignee's premises.
Any disputes arising under or in relation to this GCN between the Parties shall be referred to the arbitration in accordance with the Arbitration and Conciliation Act, 1996 ( as amended from time to time) and a sole arbitrator shall be appointed by mutual consent of the Parties and whose decision shall be final and binding on the Parties. The seal of arbitration shall be in Jaipur. The courts in Jaipur alone shall have jurisdiction over this GCN.