CF Agree
CF Agree
AND WHEREAS the C&F Agent has approached the Company to act as the
Company’s Clearing & Forwarding Agent for the selling center at JAIPUR &
JODHPUR in State of Rajasthan which the Company has agreed to do on the
terms and conditions hereinafter mentioned.
10. The C&F Agent will ensure that all operations related to the
Company are completed on the dates as per the calendar of
working days as supplied by the Company. In case of a
difference in the dates of holidays the same will be agreed upon
in writing before the start of the calendar year. C&F Agent shall
continue to perform the activities on all working days as per
Company’s requirement. The C&F will also co-operate if
required, by working on holidays. In situation beyond the
control of the C&F Agent like bandhs, strike or lockout at C&F
place, the C&F Agent will inform the Company in advance of
the same in writing stating clearly the reason why operations
would not be carried out on any particular day
12. The C&F agent shall make the delivery based on the order
given by BSID sales person; however he shall ensure that no
delivery of tyres is made without collection of the payment of an
amount equivalent to that of the Invoice for all local deliveries.
13. The C&F Agent will receive, accept and properly store all goods
received at JAIPUR AND JODHPUR respectively from the
Company’s Factory / Office / Customers and dispatch
consignments of the Company’s goods to various destinations
as per the instructions of BSID sales staff.
16. The C&F Agent shall ensure the delivery of tyres within 24
hours of the preparation of the Invoice. He shall ensure that no
undelivered tyres are lying in the Warehouse after 24 hours of
the issue of invoice. A maximum period of 3 days can be
considered under special circumstances with the written
approval of General Manager – Sales. No commission will be
payable on sales return and for any undelivered/late delivered
tyres lying in the Warehouse if no permission has been taken.
21. The C&F Agent will be kept informed in writing of the credit
limit, name of Dealer’s banker, mode of collection from all the
Dealers, which are to be serviced by him in writing by the
Company. The Company will notify further new appointments
or any termination of dealers to the C&F Agent. All such
notices will be acknowledged by the C&F Agent and maintained
as records for the life of this Contract. All dispatches will be
based on the above-mentioned information and in accordance
with the Company policies and procedures for each of the
above-mentioned issues.
25. In respect of money received, the C&F Agent shall follow the
instructions given or to be given by BSID regarding Cash
Management System (CMS) The C&F shall maintain proper
records of collection.
Other Points
26. At the Warehouse where the Company’s goods are stored, the
C&F Agent shall arrange to maintain a proper notice board
with the following wordings:
“GOODS STORED IN THIS WAREHOUSE ARE THE PROPERTY
OF BRIDGESTONE INDIA PRIVATE LIMITED, REGISTERED
OFFICE: Plot No.12, Kheda Growth Center, Pithampur, Post
Sagore –454774, Dist. Dhar, Madhya Pradesh, India.
28. The C&F Agent shall not part with the Company’s privileged
information to any body without the prior written consent of
the Company.
30. The C&F Agent is fully responsible for complying with the rules
and regulations as applicable to such Agency operations under
the local laws/state & Central laws such as Sales Tax, Octroi,
Excise, Licenses, Shops & Establishment Act, Labor
Department and others laws as Contract labour, Aboilition of
Child labour and other applicable laws are prevalent now
and /or such rules and regulations that may be enforced
during the operation of this agreement.
31. The C&F Agent will cooperate and facilitate all activities such
as Audit, Inspection or assistance in Legal Disputes to the
Company against third parties. The Company will duly inform
the C&F Agent in advance about the same so that the C&F
Agent has the necessary time to plan for the activities and also
he should support & assist to the internal audit team during
their surprise/general visits to the C&F.
32. The C&F Agent shall have no right to transfer or assign this
Agency Agreement or Commencement of Contract or benefits
arising under it to any person without the written consent of
the Company.
33. The Agreement shall remain valid for a period of 2 (Two) years
(unless otherwise terminated as provided in terms and
conditions hereinafter mentioned) from the date of agreement
and will be reviewed by the Company every year. It may be
further renewed at the option of the Company for period or
periods by issuing a renewal letter to C&F Agent. Any
modifications to this agreement will be made in writing with the
consent of both the parties and will be duly attested by both
the parties. This Agreement may be terminated by either party
during the agreement period by giving a clear notice of 2 (Two)
calendar months or compensation of 2 (Two) month’s fixed
commission (as mentioned in Annexure-I) and in the event of
the Company exercising the right, the C&F Agent shall not be
entitled to claim any additional compensation or damage from
the Company. On termination of the contract all stocks shall
be transferred to an alternate location as per the instructions
of the Company and within the specified time frame. The cost
of transferring and transporting the goods to the alternate
locations shall be borne by the C&F Agent / Company
depending on whose initiation the Agreement is terminated.
Force Majeure
36. The agreement shall remain valid for 2 (two) years (unless
otherwise terminated as provided in terms and conditions
hereinafter mentioned) from the date of agreement and mean
while if the Company adds further goods in future to its
manufacturing range such as truck, bus, tractor, earth mover
tyres, the commission payable will be on slab basis and current
commission rate (as per Annexure-I ) will be altered accordingly
which will be notified to the C&F Agent later and will be
binding on the C&F Agent.
37.
a) No expenses other than Fixed commission, Variable
commission, (as per Clause 7), Secondary Freight (As per
Clause 18) and ISDN usage charges for BrAIN on actual is
payable to the C&F Agent.
b) The Insurance coverage for Fire, Earthquake damage,
Theft, and Burglary shall be taken by the Company
centrally for all locations from its Registered Office.
However the cost incurred in insurance coverage for theft,
and burglary will be on C&F agent’s account.
-------------------------------
In the Presence Of
1)
2)
--------------------------------
(Managing Director)
1)
2)
ANNEXURE: I
FOR C&F AGREEMENT BETWEEN BRIDGESTONE INDIA PRIVATE
LIMITED & MESSRS RADHAKRISHNA ENTERPRISES, Shop No. S-34 to
37, S-40 to 43, RIICO Shopping Centre, Nr. V. K. I. A Association Office,
Road No. 1, Vishwakarma Industrial Area, Jaipur (Rajasthan)
Commission:
1) Fixed Commission
For Jaipur : Rs. 20,000/- (Rupees Twenty thousand only) per
Month as fixed fees, irrespective of sale made.
For Jodhpur : Rs. 10,000/- (Rupees Ten thousand only) per
Month as fixed fees, irrespective of sale made.
ANNEXURE-II
You are required to take and maintain an ISDN Dial up 64 KBPS BRI
Line connection at your C&F for accessing BrAIN System as the primary
link, and maintain one Internet connection through Normal (PSTN)
Telephone line on a Windows XP/2000 machine as a backup or the
alternate solution to the ISDN line for accessing BrAIN System