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Transport Agreement Letter Sample 2023

Transport Agreement Letter Sample

By and between the undersigned:

(Company Name) , A limited liability company registered under the Company Act of Ghana, Act 179 of the 1993 in (Location) with postal address; (Address) represented by its Managing Director – )Name_ who has been entrusted by the corresponding authority,

Referred to as the Client”. And (Client Company Name) the company Act of Ghana, Act 179 of the 1993 with address (Located) by its (Name) who has been entrusted by the corresponding authority.

Referred to as the ‘Transporter’, of the other part.

Whereas the Client Transports 0-500mm Granite aggregate from (Company Name) Quarry site at the Asasetre to Amandi Project site at (Site Location).

Whereas the Transporter has declared to own qualified trucking staff and tipper trucks to hauls the Clients material from the quarry site to the with transporter’s tipper trucks.

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Responsibilities of the Transporter

  1. The Transporter is expected to provide 8 to 10 trucks with 45 or 25 cubic meters buckets in very good condition to transport 0-500mm granite aggregates from the (company name) Quarry site located at (Location) in the Western Region of Ghana over a distance of 56 km.
  2. The Transporter is expected to provide good quality services with the highest standard of professionalism and integrity to deliver materials on the same day of loading to the destination unless in the event of force majeure or any other condition known and acceptable by the contractor.
  3. The Transporter will be responsible for the maintenance of all trucks deployed for the contract and ensure that the materials is delivered in a safe manner.
  4. It is the responsibility of the Transporter to ensure that all drivers for transporter’s trucks are highly experienced with the requisite skills and training for the job, and have valid drivers’ licenses which meet the category of vehicles for the contract.
  5. The transporter has the responsibility to ensure all vehicles under the contract are efficient and maintain at all times valid road worthy certificates and insurance. The vehicles should be fully insured to the value of the vehicles and the cargo against normal risk (fire, accident and third-party liability) at transporter’s expense and no liability to the Client in this respect.
  6. Transporter shall ensure that all drivers, employees and representatives adhere to all health and safety procedures at the workplace and in the performance of their duties.
  7. Transporter shall be responsible for all remuneration of drivers and other representatives serving under the contract.

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 Responsibilities of the Client

  1. The Client shall ensure that the quarry makes readily available material for transport at the commencement of the contract and at all times during the contract.
  2. The Client will provide drivers’ feeding allowance agreed upon per trip to the transporter’s drivers serving under the contract.
  3. The Client has the obligation to pay the Transporter the agreed haulage charges for each truck under the contract on a monthly basis or a period agreed by both parties.
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Taxes

The payment of any taxes, dues, or fees required by law to be paid to a government or any local authority related to this contract shall be the sole responsibility of the Transporter.

Transport Agreement Letter Sample
Transport Agreement Letter Sample

Confidentiality

The Transporter agrees to not discuss its performance of services under this Agreement, with any third party without the Client’s written consent. The Transporter agrees to hold in confidence for the benefit of Client any confidential information that may be disclosed to the Transporter, or to which the Transporter may have access as a result of this Agreement, including the results of the Transporter’s services hereunder.

Indemnity

The Transporter agrees to indemnify and hold harmless Client, and any of its affiliates or subsidiaries, and all of the officers, agents, and employees of Client and such entities, from any and all claims or liabilities arising out of the performance of this Agreement, except to the extent that such claims or liabilities arise from the gross negligence of Client or its affiliates or subsidiaries.

Payment to Transporter

The transporter should rouse the invoice in every two weeks and the payment will be on 20th & 5th of every month

Client will pay the Transporter for transportation of commodities at the rate(s) indicated below:

No. Origin Final Destination Rate (Per Cubic meter)
1. Asasestre (Location) Ezinlibo (Location) GHS 38.00 (Amount)

Submission of invoice for payment is strictly before the two payment dates indicated.

General Provisions

  1. Any losses during transportation from point of loading to the final destination will be deducted against the transport invoice. Transport charges will not be paid for materials lost/damaged.
  2. This agreement may be modified or extended by written agreement of both parties.
  • The Transporter agrees to properly cover the trucks carrying the materials with good, strong tarpaulins and to make sure the tarpaulins are properly secured using strong rope.
  1. Amandi F.O.B project working hours are 7:00-17:00 on weekdays (Monday to Friday) and on Saturdays 7:00-14:00, where the transporter is obliged to deliver in that time frame only.
  2. With regards to Holidays, Transporter will be informed prior to the date.
  3. The Transporter trailer bucket will be measured by the Client, and the agreed quantity will used for the purpose of calculation the material delivered to site by the transporter.
Transport Agreement Letter Sample
Transport Agreement Letter Sample

Termination

  • Each party shall have the right to terminate with or without breach of the terms stipulated in this contract thereof. In the event of termination as a result of breach, the innocent party shall have the right to terminate the contract by giving the party in breach one week notice in writing. In the event of termination for any other reason other than breach, either party shall give one-week written notice of termination to the other party-provided however, that termination of this Agreement shall not affect or impede the performance of either party’s outstanding obligations during or prior to the notice period.
  • The following matters shall constitute a breach, whatever the excuse and whether they shall be voluntary or involuntary:
  1. Any default in payment of the contract sum when the same falls due;
  2. Any default in the observance or performance of any material obligation of the Transporter and the Transporter’s employees under this Agreement;
  3. Any falsehood, misrepresentation, acts of terrorism, drug/human trafficking, corrupt and/or fraudulent practice discovered, or any failure of any of the warranties given by the Transporter under this Agreement;
  4. The commencement of any insolvency, winding up, receivership, liquidation, or dissolution proceedings against the Transporter or any of its affiliates, or against any of its assets or the deregistration of the business from Registrar General’s records.
  5. The Transporter becoming a subject of any merger or consolidation pursuant to which the Transporter shall not be the surviving entity or shall dispose of all or substantially all of its assets in one or more transactions;
  6. Any other unforeseen occurrence that can reasonably be considered analogous to or similar in nature and effect to the above events of default;
  7. No inactions and accommodations granted by Client to the Transporter and its employees in the event of the occurrence of breach shall be treated as waivers of any rights and/or remedies available to Contractor under this Agreement, and Client shall be free to exercise such rights and/or remedies available to it under the law at any time thereafter in its absolute discretion as though the event of breach had just occurred.
  • Remedy Upon Breach
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Upon the occurrence of any breach and at any time thereafter, Client may give written notice of the event of breach to the Transporter and Client shall have the right to exercise and enforce any and all the rights or remedies available to Client under the law.

  • Force Majeure:
    • If, through “force majeure” (government embargo, war, blockages, revolution, insurrection, mobilization, strikes, lockouts, riots, other extra ordinary civil disturbances, and/or an act of God), one or both of the contracting parties are unable to perform their obligations under the terms of this Agreement, then the Agreement shall be considered canceled and no penalties will attach to the parties. Contractor will then calculate payment on a per-ton, per loaded kilometer basis up to the point where the truck stopped.
  • Entire Agreement, Amendments
    • This Agreement supersedes any and all other agreements, oral or written, between Client and the Transporter with respect to the subject matter hereof, and no agreement, statement, or promise relating to the subject matter of this Agreement other than that which is contained herein shall be binding upon the parties. This Agreement may not be amended except by written agreement of the parties.
    • This Agreement may not be amended, modified, or varied except by written agreement of the parties.
  1. Arbitration
  • This Agreement shall be governed by Laws of the Republic of Ghana.
  • Unless otherwise agreed by the parties hereto, any controversy or claim arising out of or relating to this Agreement that remains unresolved after negotiation shall be settled by binding arbitration before an agreed arbiter in accordance with the rules of the Ghana Arbitration Center in keeping with the Alternative Disputes Resolution Act 2010, Act 798.
Transport Agreement Letter Sample
Transport Agreement Letter Sample

IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement by their authorized representatives below:

Client                                                                                  

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Signature                                                                     

Name:

  Transporter 

                                                   

Signature                                                                     

Name:                                                                                             

DATE________________________

 

Witness for Contractor:                                                      

 

_______________________________

Signature                                                    

Name:

Title:                                                  

 DATE: _______________

 

Witness for Transporter:

 

 _______________________________

Signature                                                    

Name:

Title:                                                  

 DATE: _______________

 

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