Service Agreement
This Agreement is made on the date------
BETWEEN
DART AIR SERVICES PVT.LTD having its registered officein, ExpressTower,A-50/4, Mayapuri New Delhi -64
(Hereinafter referred to as “DART”)
AND
------, having its registered office in ,------, (Hereinafter referred to as “(COMPANY ”)
ARTICLE 1 : SERVICES
1.1COMPANY hereby appoints DART as the non exclusive international express courier agent and agree that DARTwill transport
all international shipments as per Appendix A originating from the location (s) and air express charges for which are payable to
DART as per the credit terms mentioned in Article 5,, which parties may, from time to time agrees and clear and deliver such
express shipments to the final destinations throughDARTnetwork services.
1.2 All shipments moving through the DART network originating from COMPANY will be subject to DART’s standard terms and
conditions ,when trading under the umbrella of this Agreement.
1.3 DART shall not provide after sales support and will not entertain calls from a third party other than COMPANY .
1.4 Annex A shall constitute the list of products that DART services and parties shall agree in writing to which of these
services shall constitute this Agreement.
ARTICLE 2 : CONDITIONS FOR THE SUPPLY OF SERVICES
2.1 Handling, Packaging and Documentation.
COMPANY shall do at its own cost:
i)Screen all consignments in accordance with international standards of accepted safety and security procedures.
ii)Obtain from the sender any required waiver of liability or payment for insurance.
iii)Collect all required information relating to each shipment .
iv)Complete the air waybills accurately with all the relevant information filled.( Accurate sender, consignee address, commodity description, correct destination coding, to clearly mark DART service requirement- Annex A visibly on the space provided on the DART air waybill. Number of pieces, dimensions, weight of shipment, description of the shipment, signature of the person handing over the shipment(s) time of handing over the shipment and date.
v)Attach the labels or bar codes provided by DART to the relevant consignments.
vi)Provide all required transit documentation ( Certificate of Origin / Legalized Paperwork etc.)
vii)Attach identifying stickers/tapes/labels for multiple piece shipment.
viii)Forward the consignments to the DART locations as per our agreement.
Xi} Provide accurate dimensions and weight on all consignments handed over to DART.
2.2 COMPANY Warrants to DART that
i) All consignments will be fully and accurately described and will be accompanied by a complete air waybill
and the required documentations for customs purposes.
ii)All consignments shall be prepared ,packed, and loaded so as to ensure safe transportation.
iii)All consignments handed over to DART for shipment will be invoiced at its commercial value.COMPANY under no circumstances should be part of any attempt by themselves or by a third party to undervalue any consignment.
iv)All consignments handed over to DART for transportations will be reflected on the manifest of shipments ( prepared by COMPANY ) that will be tallied against the actual number of shipments that are handed over at any given time.
v)No consignment will be tendered which cannot be transported in accordance with applicable laws and regulations.
vi)For security reasons, COMPANY is required to inform DART of any consignment with a value exceeding us$100/-prior to dispatch.
vii)For the purpose of this Agreement, classified dangerous items/goods cannot be transported. Specifically no hazardous materials, firearms, military devices or parts thereof, illegal drugs or narcotics, precious stones, jewelry, currency, negotiable instruments, plants, animals, or other similar goods normally excluded by DART or by law of carriage, irrespective of the DART service. COMPANY must agree in writing to be held completely liable for any action and or costs resulting from the correctness or not of all information provided by the shipper on the air waybill or commercial invoice.
viii)DART has the right ( but no obligation ) to cause any articles, which in DART’s reasonable opinion cannot be transported safely , or legally to be rejected and returned to COMPANY .
ix)COMPANY hereby appoints DART as its agent ( with power of sub-delegation ) for the preparations and completion of all documentation other than the documentations to be provided by COMPANY .COMPANY on behalf of itself and the sender hereby appoint DART as agent to conduct custom Clarence and entry and certifies DART as the consignee solely for the purpose of designating a customs broker to perform custom clearance and entry.
2.3 Return to Origin (RTO) shipments
2.3.1 Definition of undeliverable shipment: a shipment: a shipment where the facility holding the shipment has exhausted all
reasonable means to attempt delivery and for which no further delivery attempts will be made.
Reasons why shipments are undelivered include:
- The receiver shown on the air waybill refuses to accept shipment.
- The receiver shown on the air waybill refuses to accept liability for the charges.
- The receiver shown on the air waybill has moved from the address showing on the air waybill and cannot be located.
- The address that is shown on the air waybill is incomplete or incorrect and the origin cannot contact the shipper to obtain a correct delivery address.
2.3.2 RTO Procedures
Options:
a. Return to sender
b. Redirect to an alternative address.
c. Abandon.
2.3.2 a Return to sender
If DART can not deliver the shipment, the shipment will be returned to the original sender, by charging a separate fee. In case
any destination duties and taxes have been incurred, these will be charged back to the customer as a DDP ( delivery duty paid )
charge.
2.3.2 b Redirect to an alternative address
Any shipment which could not be delivered, due any reason , can be redirected, under COMPANY’s reasonable
instructions. to a new address, at a separate fee.
Where destination duties and taxes have incurred and customer refuses to pay these charges, the same will be charged back to
COMPANY as a DDP charge.
2.3.2 c Abandon
When the shipper elects to abandon the shipment, the shipment will be disposed off/ destroyed at DART’s discretion. In
this case, the shipper still remains liable for transportation costs and extra charges if the shipment is undeliverable due
to reasons caused by the shipper.
2.4 Liabilities
2.4.1 Both parties will not be liable for the loss or delay of the shipment for the reasons mentioned in Article 9.
24.2 The liability for loss of the shipment shall under no circumstances exceed a compensation of USD100.00 or the actual
cost for physical reconstruction of the troubled shipment, whichever is less. No compensation will be granted for any
invisible loss or damage.
ARTICLE 3 : OPERATIONS
3.1 INSPECTION OF SHIPMENT
DART reserves the right to inspect any or all shipments given by COMPANY .
If the inspection reveals discrepancies in weight, packing, contents of the shipment, pieces, item description of the
consignment, cash or any of the items mentioned in section 2.2 (vii) and as per the IATA and for DART’s terms and conditions,
the same will be returned to the COMPANY .
3.2 CHARGEABLE WEIGHT
COMPANY will be responsible for the accuracy of the weights and dimensions mentioned on the air waybill at the time of
handingover shipments to DART.
DART has every right to re-weigh and re-calculate the weight and chargeable weight of the said shipments. Should there be a
discrepancy in the figures declared, a weight change notification will be forwarded immediately to the COMPANY and the
shipment will be charged as per the corrected figure.
Neither party shall be in a position to change the weight of any consignment after having exchanged a weight change notification
and having arrived at the correct chargeable weight / volume.
ARTICLE 4 : TRADE NAMES/MARKS & ADVERTISING.
This agreement warrants to DART that:
a) Neither COMPANY nor a third party shall place the logo of DART on the air waybills unless written approval is given otherwise.
b) DART logo and trademark is not to be utilized or promoted in any way by COMPANY or their customers or
affiliated in any country without the written permission from DART. Neither party willwithout the consent of the other in each instance utilize the name or any trademark ( registered or not) of the other in connection with the sale or provision of services contemplated hereunder.
c) Each party will consult with the other about any advertising of the services contemplated hereunder and will
abide by the other party’s requirements in respect of such advertising.
Breach of these clauses will severely effect the relationship between the parties and consequently terminate the
business association with notice.
ARTICLE 5: BILLING
5.1 PAYMENT OF INVOICES
COMPANY agrees to settle all monies outstanding to DART within 30 (thirty) days from date of invoice .Any disputes relating to invoices must be communicated within 10 (ten) days of receipt of invoice.
5.2INVOICING
DART shall ensure that monthly invoices will be sent to the registered office of COMPANY by the third day of each month.
5.3ADVANCE PAYMENTS
Advance payments made by DART ( import duties, etc.) on behalf on COMPANY , shall be invoiced within 7 ( seven ) days and COMPANY agrees to settle for such advances made by DART within 7 (seven) days of receipt of the invoice.
5.4BANK GUARANTEES
DART holds the right to retain a security deposit or bank guarantee equivalent to 1 ( ONE) months estimated billing prior to commencing the operations.
5.5BANK DETAILS
Payment for the said operations and shipments can be made by wire transfer to the following bank account:
DARTAir Services.Ltd.Pvt.
Account # ------
Swift Code: ------
5.6CONTACT LIST
For general inquiries relating to the monthly invoices, please contact:
ACCOUNTS
MANAGER / SERVICES
ARTICLE 6: INSURANCE
It is expressly understood and agreed by both that DART will not offer and not be required to insure any item subcontracted by COMPANY for carriage by DART unless specifically requested to do so for any particular shipment(s) at a pre-agreed rate.
ARTICLE 7 : VALIDITY
This Agreement is valid for one year from the date of signing of this contract. This Agreement may be terminated by either by party by giving the other party 60 (sixty) days notice in writing .
ARTICLE 8 : TERMINATION
Either party may terminate this agreement forthwith upon the occurrence of any of the following events:
a. Where the other party is declared bankrupt or insolvent or goes into liquidation or enters into a composition with its
creditors, or has a receiver or trustee appointed over any of its assets
b.Upon the other party committing a breach of the terms of this agreement which is not capable of, which shall not
have been remedied within thirty (30) days of the other party having received a written notice of complaint from the
first party specifying the nature of such breach.
Any termination will operate without prejudice to the rights or either party accrued up to the date of termination.
If for any reason either party was to terminate the Agreement, all outstanding monies should be settled within 30(thirty ) days from termination of contract.
ARTICLE 9: FORCE MAJEURE
Except as expressly otherwise provided herein, each party hereto will be excused from performance under the agreement by other during the period of any even of Force Majeure, including, not limited to, acts of God, weather, lack of fuel availability , riots or civil commotion, strikes or labour stoppage, maintenance delays due to DART’s inability to obtain parts because such parts are not available on an industry wide basis despite its due diligence, curfews or other operational restrictions imposed by air ports or local government
authorities,or any other cause which is beyond the control of either party and which prevents either party from performing this agreement. The party so affected shall give to the other, prompt notice of any such event of Force Majeure and shall use its best efforts to minimize the extent and effect of such event
Notwithstanding any other provision of the agreement, either party may terminate the agreement or suspend its obligations if either party is unable to perform its obligations hereunder for period of thirty consecutive 30( thirty) days by reason of Force Majeure.
ARTICLE 10: ARBITRATION
The parties shall be referred to a single arbitrator in Company should there be any dispute during the course of business. If the parties cannot agree within one mount of a single arbitrator, then a panel of three arbitrators will be appointed to have the full power to resolve the matter.
ARTICLE 11: WAIVER
The failure of either party at any time to fulfill required performance by the other of its obligations under the terms or provisions of this agreement ,shall in no way affect the right of that party to later enforce such provisions not shall the waiver by either party of any branch of any of the terms or conditions of the agreement be taken to be a waiver of any subsequent branch of any such term or condition or as a
Containing waiver of such term and condition.
ARTICLE 12 : NOTICES
All notices and other communications under this Agreement shall be in writing and shall be deemed to have been duly given the date of service if served personally, by fax, electronic mail or by DARTAir Services Pvt.Ltd, on the party whom is to be given, or on the third day following date of sending by first class mail, registered or certified postage prepaid, and properly addressed as follows:
DARTAIR SERVICES PVT.LTD.------
A50/4 ExpressTower------
New Delhi-110064------
INDIA.------
ARTICLE 13 : ENTIRE AGREEMENT
This Agreement shall be binding on the parties from the date of signing, All attachments and annexes shall constitute an integral part of this Agreement. Any amendments to this Agreement shall be made in writing and signed by both parties to be attached to the original Agreement. No modification of any term of condition contained herein shall be effective unless the same is served in writing and executed by both parties.
.
.
In Witness Thereof,
DARTAIR SERVICES PVT.LTD.------
Name:------Name: ------
Title: Chief Executive OfficerTitle:------
Date ------Date------
DARTAIR SERVICES PVT.LTD.
WholesaleExpress-Airport to door services.
Hand carry / OBC Delivery
Line Haul Services.
Other
DART Express- Domestic delivery.
DARTLand Transport Service to the
DART Transport and Warehousing.
DART Containers storage.
DART Removals & Home Relocation.
DART 3PL/4PL
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