Agreement for Appointing C & F Agent
| Updated at | January 2013 |
A G R E E M E N T
THIS AGREEMENT made and entered into on the ___________ day of _____________, 2013 between........LIMITED a Company registered under the Companies Act, 1956 Mumbai and having its Registered Office at................., hereinafter referred to as "The Company" (which expression shall mean and include its successors and assigns) of the ONE PART; and M/s. a Partnership Firm through its ____________________ Mr. _________________________________ _____________________________, hereinafter referred to as "The C & F Agent" (which expression shall mean and include the partners for the time being and from time to time constituting the said firm, the survivors of them, their legal heirs and legal representatives of the last surviving partners in business and permitted assigns) of the OTHER PART.
Whereas :-
1. The Company is presently engaged in the manufacturing, marketing, sale & distribution of............, including those manufactured / sold by other manufacturers / companies (hereinafter collectively referred to as "The Products").
2. The C & F Agent has represented and warranted that he has the necessary infrastructure / facilities and is capable / competent to act as Carrying and Forwarding Agent for and on behalf of the Company and in that connection to receive the products sent by the Company, to store the products under its control and to deliver and / or forward them to such person(s) in such lots and on such directions as may be instructed by the Company from time to time and has requested the Company to appoint them as its Carrying and Forwarding Agent.
3. The Company after considering the aforesaid request of the C & F Agent has agreed to appoint the C & F Agent as its Carrying & Forwarding Agents, on the terms and conditions hereinafter appearing.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS :
1. The Company hereby appoints the C & F Agent to carry out the various obligations hereunder with effect from _______________. This Agreement shall remain in force and be binding on the parties till ________________________ unless terminated earlier by either party by giving one month''s notice in writing to the other. This Agreement shall be subject to renewal of another one year, at the sole option of the Company, on the terms and conditions contained herein.
2. The Company shall arrange to deliver the Products to the C & F Agents on a stock transfer basis from Mumbai or from any branches / depots / warehouse / factories of the Company or its principals or from any other place in India.
3. The C & F Agent shall take delivery of the Products from the transporter / carrier immediately on their arrival at the destination. If the consignment sent by the Company does not reach the destination within 15 days of dispatch, the C & F Agent shall give a written notice of the same to the transporter with a copy marked to the Company. The Company undertakes to notify the C & F Agent of all dispatches of goods within 24 hours of such dispatch.
4. The stocks on reaching the premises of the C & F Agent / Transporter''s godown shall be checked and counted by the C & F Agent. In the event of loss, damage, shortage or spoilage, the C & F Agent shall procure necessary certificate of loss damage, shortage or spoilage from the transporter and where necessary, shall also arrange for insurance surveys as laid down under insurance Company''s Rules. In the event of failure to comply with this condition, the liability of financial loss, if any, will entirely rest on the C & F Agent. The Company will provide the C & F Agent with full details of insurance requirements.
5. The C & F Agent shall arrange for proper storage of the Products in a separate godown of first class construction with adequate capacity, ideally admeasuring a minimum of..........sq.ft. initially which is to be enhanced eventually, as per requirements and the products shall not be mixed up with the products of any other parties including those of the C & F Agent itself. The C & F Agent shall be responsible to the Company for all damages / losses due to improper storage and / or bad handling of the Products or shortage or theft of the Products from their godown and shall indemnify and keep indemnified the Company for all such losses and damages. The C & F Agent further agrees and authorizes the Company hereby to adjust such losses / damages from any sums that may be payable to the C & F Agent under this agreement or otherwise by the Company.
6. The C & F Agent shall keep and store the stocks of the said Products in a safe and secure condition to avoid contamination from any source and to prevent damage or loss from theft, fire, flood and other dangers. The C & F Agent shall also keep the products in clean and hygienic premises and surroundings in compliance with the rules prescribed by any...
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