Sub: LOI for Hire of Tipping Trucks
This is to extend our acceptance of the detailed terms & conditions for hire of 30 No. (thirty) TATA make Tipping Trucks or equivalent as communicate by you verbally..
The Detailed Terms and conditions to administer this work order shall as follows:
1 Equipment to be hired
|Sr no||Model of Equipment||No. of Equipment||Registration Number (if any)|
TATA HYWA Tippers
To be provided in due course
2 Description of Job:
Transportation of coal by deploying TATA make or equivalent Tipping Trucks from Ashoka/Piparwar Mines of Piparwar Area CCL to KD Old Siding. (lead Approx – 17 KM) The element of loading of coal into tippers for transportation purpose will be taken care of by us.
3.1 The period of hire will be initially ONE YEAR commencing once the agreement is signed by both the parties
3.2 Agreement can be extended with written consent of GHCLE & SANJEEVANI REAL INFRA SERVICES LTD,
on mutually agreed terms & conditions.
4 Hire Charges
The rates for the above mentioned work shall be Rs ———. (Rupees ————————— only) per metric tonne.
5 Taxes & Duties
5.1 As applicable.
6 Delivery & Commissioning
6.1 SANJEEVANI REAL INFRA SERVICES LTD, will despatch the machine on receipt of this LOI.
6.2 SANJEEVANI REAL INFRA SERVICES LTD, will arrange for commissioning and operation of the Tipping Trucks. However the Hirer will provide the necessary arrangement for parking the equipment at the site.
7.1 Uncontaminated Diesel required for the operation of the equipment shall be provided by the Hirer.
7.2 GHCLE shall not be responsible for pilferage of fuel if any.
8 Maintenance & Repairs
8.1 The supervision of routine maintenance and repairs of the equipment will be carried out by SANJEEVANI REAL INFRA SERVICES LTD, personnel by providing the necessary parts and lubricating oil as may be required.
8.2 Hirer shall not issue any spare parts / lubricants..
8.3 The Hirer shall not spare the equipment for carrying out routine maintenance.
8.4 SANJEEVANI REAL INFRA SERVICES LTD, will arrange for the necessary spare parts as may be required for carrying out the repairs and maintenance of the equipment.
9.1 The charges are payable from the date of commissioning of the equipment at the Hirer’s site. The billing cycle will be on fortnightly basis.
10 Payment Terms
10.1 The hire-rental charges shall be paid by the Hirer within Ten days from the date of invoice by way of payable at par Account Payee Cheques in favour of “SANJEEVANI REAL INFRA SERVICES LTD,”
10.2 Your RTGS details for remittance of payment should be provided:
11 Hirer’s Covenants
The Hiree covenants with GHCLE that
11.1 Hirer will use the equipment only for the purpose it is hired and shall not misuse or abuse the equipment or use the Equipment for any unlawful or illegal purposes.
11.2 SANJEEVANI REAL INFRA SERVICES LTD, will not remove the equipment from the site without the written consent of GHCLE.
11.3 Hirer will ensure the safe custody of the equipment by providing necessary security, parking bay, etc,
11.4 The Hiree agrees not to allow the helper/unauthorized persons to operate the tippers under any circumstances and the hiree shall be solely responsible for any loss or damage to any person or property as a result of the above.
11.5 The Hiree shall be solely responsible and accountable for any loss or damage to persons or property due to any accidents while operating the machine and the hiree indemnify and hold GHCLE harmless for negligence, misconduct (willful or otherwise), or any other deed or omission attributable to the hiree which results in damage of the machine or property or third party accident claims or suits arising out or in connection with this Agreement.
11.6 The Hiree shall not make any alterations, additions or improvements to the Equipment or allow any unauthorized person to operate the Equipment.
11.7 The Hiree shall be solely responsible and liable to handle any dispute entered with any third party in relation to the use and operation of Equipment.
11.8 The Hiree recognizes GHCLE’s right to inspect the Equipment at any time during the tenure of this agreement. The Hiree shall provide free access and facilities to the GHCLE’s personnel to enable them to inspect the equipment at any time.
11.9 The Hiree agrees to restrict transit shortage to 50 Kg per trip. Freight shall be payable on Challan Weight / Receipt Weight whichever is less. Recovery of Coal Cost exceeding the agreed parameters shall be done @ Rs. 4000/MT.
12 Title & Ownership
The Hirer confirms and agrees that the Equipment is offered by SANJEEVANI REAL INFRA SERVICES LTD, only on “right to use” basis and acknowledges the title and ownership of SANJEEVANI REAL INFRA SERVICES LTD, of the equipment and he shall not at any time claim any proprietary rights, title or interest in the Equipment
GHCLE shall not be liable for any damage to any property of the Hirer during the course of normal operation of the equipment.
GHCLE is also not liable to any losses /damages or consequential damages or losses for any reasons during the pendency of contract.
14.1 Either side can terminate the agreement by giving 30 days advance notice.
14.2. GHCLE shall have the right to terminate this agreement in case of breach of any terms of this agreement including but not limited to the hiree.
14.3 The Hiree will be liable to pay 15 days average hire rental charges in lieu of notice if he terminates the agreement without giving prior notice.
15. Arbitration & Jurisdiction:
The parties shall endeavor to settle all disputes through negotiations, failing which the dispute will be referred to arbitration of a Sole Arbitrator to be nominated by GHCLE. The venue of arbitration shall be at Ranchi and the arbitration shall be governed by the provisions of the Arbitration & Conciliation Act 1996 or any modifications or amendment thereto.
IN WITNESS WHEREOF the parties have signed these presents on the date, month and year first above mentioned
For Ghc Logistics and Earthmovers Pvt. Ltd.
Contact person & Project head
[CEO (Strategy and Business Development)
Received and Accepted by
For SANJEEVANI REAL INFRA SERVICES LTD
V. N. SINGH