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BETWEEN
DART AIR SERVICES PVT.LTD having its registered office in, Express Tower , A-50/4, Mayapuri New Delhi -64
(Hereinafter referred to as “DART”)
AND
ARTICLE 1 : SERVICES
1.1 COMPANY hereby appoints DART as the non exclusive international express courier agent and agree that DART will 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 through DART network 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.
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.
a. Return to sender
b. Redirect to an alternative address.
c. Abandon.
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.
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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
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.
Breach of these clauses will severely effect the relationship between the parties and consequently terminate the
business association with notice.
ARTICLE 5: BILLING
5.2 INVOICING
DART shall ensure that monthly invoices will be sent to the registered office of COMPANY by the third day of each month.
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.
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.
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
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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 DART Air 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:
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,
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DART AIR SERVICES PVT.LTD.
Other