This agreement between Carrier-Member and Go4Delivey is an extension of the agreement between User-Member and Go4Delivery (attached hereby at the end of this agreement as an Annexure A), with some specific guidelines describing working relations between User Carrier and Go4Delivery to achieve a common objective of “to facilitate an Indian adult individual or a Legal Entity through its authorised legal representative to establish contractual relations in between him as User-Member and with an individual transporter as Carrier-Member for the transportation of the parcels, packages and goods from one place to another on agreed terms and conditions and on certain agreed cost by using internet site platform provided by Go4Delivery through its software appliance to its User-Member on free of Cost”. The whole transaction will be done exclusively by using electronic platform for two ends meeting, provided by Go4Delivery.
All clauses and sections of agreement between User-Member and Go4Delivery are integral part of this agreement on as and where applicable basis along with both the party’s respective rights and duties against each other for the mentioned purpose and to interpret relations between Go4Delivery and its Carrier-Member.
Any interpretation of the Agreement between User-Member and Go4Delivery which is against the lawful objective of the agreement which is mentioned as above; will not be taken and accepted in accordance to the intended true meaning and interpretation of both the agreements and an agreement between User-Member and Go4Delivery will be considered and constitute as an integral part of this agreement as and where applicable basis.
1. That once Proposed Amount (invitation to Offer Price) of a Particular consignment is offered by Go4Delivery’s User-Member through given electronic platform and is accepted by Carrier-Member; Carrier-Member will become under contractual relations, obligation and liability under given terms and conditions with Use Member and Go4Delivery to perform his part of duties timely and prudently. Non-performance on the part of Carrier-Member will make him liable for a penalty of Rs.500/- (In words Rupees Five Hundred Only), to be paid to Go4Delivery within 3 days of doing so for his breaching of Trust between them, hampering and damaging market Goodwill of Go4Delivery by this act of his. Non Payment of this amount within 3 days in the account or Wallet of the Go4Delivery by Carrier-Member will attract an interest on it @ 18% per annum compounded quarterly; and this amount will be legally recoverable as agreed between them.
2. That Carrier-Member shall be a competent legal person having with all clear transportation permits, validity, competency and paper formalities done, ready and Ok in respect of vehicle’s condition, to be used by him for transportation and his own authority for doing so, as per prevailing Laws of Transport. Any Flaw or incompetency in it from his part will make him liable for all kind of legal actions against him to be taken by Go4Delivery for compensation of its monitory loss and damage to its reputation and market Goodwill on his cost only for which he will be liable and responsible.
3. That, Carrier-Member can only cancel the transportation of the consignment after its offered Price acceptance by him, when goods to be consigned are different in quality, quantity, shape, size, description, dimensions and weight as what has been detailed in the Offer Form; when packaging of the goods is not sufficiently and skilfully done to carry the goods; when goods are of the prohibited and contraband nature; when Carrier-Member is unable to contact the User-Member on his given contact number or at place for taking and accepting delivery of goods to be transported. In such condition Carrier-Member and User-Member Contract for Transportation of certain goods will automatically become cancelled against him because of not turning up by the sender of Goods or User-Member. These all kind of cancellations will be deemed as cancelation/s from User-Member side only due to their own inability and in want of his turning up as according to conditions of the contract. In such, all cases a penalty cost will be imposed by Go4Delivery on its User-Member, which will be legally recoverable from him and that will be not less than 25% of the cost of booking of the consignment in any case.
4. That, Carrier-Member will not deliver the goods consigned through booking, where the recipient’s address is not traceable, inaccessible with a reasonable human efforts or remote or where the marked address is situated far away from the movable road side, and in such cases Carrier-Member will organise re-book the consignment to the sender’s address on cost with the consent of the User-Member and in that case the User-Member will become recipient of the goods consigned for which he again has to pay the stipulated transportation charges to Go4Delivery in the same manner as first.
5. That, Carrier-Member will periodically enter into a rate agreement on a required Stamp Paper duly notarised and registered for different destinations with Go4Delivery for his transportation cost on collection at Door and delivery On-Door Or at warehouse basis; inclusive of the Go4delivery commission @ 20% of the quoted and agreed cost of transportation before GST or any Tax or duty levied as per prevailing laws of the land.
6. That for all extra charges than the transportation cost quoted through Go4Delivery and accepted by Carrier-Member; Carrier member will raise his own separate bill with his service charges which shall not be more than 10% of the total cost of the extra services done by him in any case; to be realised from User member or Receiver of the goods or consignment independently by him. For example loading unloading charges in case of bulk consignments (which weighing above 8 kg and volume wise more than 1ft X 1ftx1ft), incidental unavoidable extra expenses for paying any Government charges in shape of Tax, Duty, Levy, Cess, penalty and toll etc., which will be binding on him to pay to perform transportation duties of the User-Member’s consignment booked through Go4Delivery.
7. That That Go4Delivery will play a role of an Agent of the Carrier-Member only for:
(i). Quoting Price (as an invitation of Offer) of a requested consignment based upon priorly discussed agreed upon and duly registered rates with the Carrier-Member and giving its information to the Carrier-Member as Principal.
(ii). Generating “Waybill” on Paid or To-Pay basis for a particular consignment as an agent of the Carrier Transporter on his request to do so.
(iii). Generate a Money Receipt in case of money received directly by Carrier member at the time of collection or at delivery of goods at destination point or directly by it-self on behalf of Carrier-Member at time of booking the consignment and before generating its Way-Bill.
8. That in case of transportation charges collection is done by Carrier-Member either by User-Member at point of collection of goods, Receiver of Goods at time of handing over the delivery Or is realised by sale or auction of the goods consigned in case of default of any applicable clause mentioned in the Agreement between User-Member and Go4Delivery; Carrier-Member will settle the account with Go4delivery on priority and first preference basis at its first opportunity within 2 days by on line transfer to Go4Delivery bank Account and will cross match and reconcile his account books with of Go4Delivery account at least once with in every 30 days cycle. In case of pendency of the payment of commission to Go4Delivery by Carrier-Member becomes more than 3 days pending from the inclusive date of its becoming legally due, a compound interest @ 2% per month starting from due date and calculated every fortnightly or for any part of a fortnight will be charged for a period till full payment along with its interest is made to Go4Delivery; and which will be a legally recoverable due5.
9. Carrier-Member after collection of goods to be transported and its payment in case of Paid consignments or after collection of goods and confirmation of full payment already directly made to Go4Delivery by User-Member or after accepting a To-Pay consignment solely on his own risk, will request Go4Deliver to generate a “Waybill” on the basis of the information submitted by the User-Member for transportation of a particular consignment and accepted by Carrier-Member.
10. In case of issuing To-Pay “Waybills”, only on Carrier-Member’s request, Go4Delivery will issue an unpaid Way-Bill as per governing laws for a certain value as quoted and accepted by the parties on the sole risk of the Carrier-Member for its payment collection and securing full commission part of Go4Delivery to be given by him.
In case the client of the Transporter is a User-Member of Go4Delivery and transporter is also its Carrier-Member they both are agree on:
1. That Carrier-Member may perform any of the following activities on User-Member’s behalf on a separate nominal cost basis and under his authority given by this agreement, in order to provide better services to him:
(i). to complete any document/s, amend product or service code/s, and pay any duties, taxes or penalties required under applicable laws and regulations (Viz: “Customs and Excise Duties”),
(ii). to act as User-Member and sender’s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry; and
(iii). to redirect the consignment to Receiver’s customs broker or other address upon request by any person who Go4Delivery or Carrier-Member individually or both believes in its reasonable opinion to be authorized.
2. That the whole part of agreement between User-Member and Go4Delivery is an integral part of this agreement between User-Member and Carrier-Member as and when and where applicable basis in describing Relations, Rights and Liabilities of the User-member and Carrier-Member against each other as parties to this agreement enforceable by law of the land.
3. That in case the given documents by User-Member pertaining to the particular consignment do not match with it and any legal intervention or complexity is to be faced by Carrier-Member on this issue while transporting, carrying and delivering the consignment; User-Member will be responsible, liable and legally bound to compensate in all respect to the Carrier member.