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T&C for Sub Agent

T&C for Sub Agent

GENERAL TERMS & CONDITIONS FOR SUB-AGENTS

  • Forin is a company engaged in the business of rendering various Freight Forwarding services to our business associates, herein termed as sub-agents, who require the services of Forin. Forin agrees to provide its freight forwarding services in a professional manner to sub-agents on the terms and conditions as laid down below-
  • Freight forwarding services provided by Forin are on a non-exclusive and Principal to Principal basis.
  • Freight charges shall be quoted on shipment to shipment basis and invoiced accordingly.
  • GST at applicable rate shall be charged on above charges.
  • All TDS certificates will be issued after each quarter of the financial year.
  • Clearance charges for all shipments for each station to be decided on shipment to shipment basis.
  • All taxes present & future additional taxes etc. thus levied by the government/local authorities etc. shall be paid by sub-agents.
  • Credit limits shall be subject to Force majeure
  • Sub-agent undertakes to keep confidential, and to ensure that its employees keep confidential, the details of all the transactions contemplated or executed with Forin as well as all information relating to the business operations and affairs, unless such confidential information is or comes into the public domain, and/or the disclosure is authorised by Forin and/or such disclosure is required by law.
  • Sub-agent has to ensure that shipments tendered through Forin were received from a shipper or other person with whom sub-agent has an established relationship for at least 180 calendar days, which has an established shipping address, credit or invoice history of at least 180 calendar days OR a person originating or tendering a shipment where sub-agent has an established relationship or payment, credit or invoice history with the consignee or bill-to party of at least 180 calendar days. An established business relationship is an association between person (“persons” includes individuals and entities) that may also include a documentary history of sales contacts or activities, other documented correspondence or business records.
  • All shipments tendered by sub-agentthrough Forin were accepted by sub-agentthrough a secure transport, either directly from the shipper or picked up by sub-agentor their regulated agent. It is also the liability of the sub-agentto ensure that their consignments do not contain cargo that has either originated, transferred from or transited through any points in Egypt, Yemen, Syria and Somalia.
    It is the sole liability of sub-agent to ensure that cargo tendered bysub-agentthrough Forin does not contain any of unauthorized explosives, incendiaries or other destructive substances or items which may cause any damage to the carrier, property or humans. It is also the liability of thesub-agent to ensure that the cargo contents of the shipment are the same as that described.Sub-agenthas also given their consent for any search or inspection of their cargo.
  • Sub-agent shall fully indemnify, depend & hold Forin harmless from and against all claims, liability, losses or damages, recoveries, proceedings, actions, Judgment costs, charges & expenses which may be made or brought or commences against the Forin or which the Forin may or may have to bear, pay or suffer directly or indirectly in connection with any breach of Forin conditions by sub-agent or its agents, employees, officers, its customers etc.
  • Sub-agent shall ensure that the contents of the shipment are not prohibited items and/or not restricted by the applicable regulations and that sub-agentwill supply to Forin any dangerous goods declaration that is needed,properly and accurately in accordance with all applicable laws, rules and regulation and neither sub-agent nor the consignee is the person or organization with whom sub-agent or Forin may not legally trade under any applicable laws or regulations.
  • Sub-agents shall ensure that all statements, information and documents provided by them relating to the shipment are true and correct and sub-agent acknowledges that in the event that any untrue or fraudulent statement is made about the shipment or any of its content,sub-agentwould risk a civil claim and/or criminal prosecution, the penalties for which may include forfeiture and sale, compensation etc.
  • Sub-agent agrees to indemnify and hold Forin harmless from any claims that may be brought against Forin or its agent arising from the information provided by sub-agent that shall be due and payable to Forin, the charges as agreed, irrespective of the non-delivery of the shipment due to non-payment by sub-agent of the applicable duty/levy.
  • Forinwill not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of opportunity even if Forin had acknowledged that such damages or loss might arise or for any indirect, incidental, special, or consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act of default.
  • Forinis not liable if obligations are not fulfilled towards a sub-agent at all as a result of circumstances beyond control of Forin such as (but not limited to):
  1. Acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost or other natural calamities or disaster.
  2. Force majeure including but not limited to (war, accidents, acts of public enemies, strikes, embargoes, perils of air, local disputes or civil commotions,
  3. National or local disruptions in air or ground, transportation networks and mechanical problems to modes of transport or machinery
  4. Latent defects or inherent vice in the contents of the shipment
  5. Criminal acts of the third parties such as theft and arson
  6. Delay in shipment delivery by Carrier
  7. Customs clearance stoppage of work or systems delay and failure
  8. Change in Government Policy/rules and non-clearance by any Government department
  9. Global disruptions caused due any pandemic like Covid-19 or local epidemic of India
  • Sub-Agent will have to abide by the policy rules, regulations & instructions of Forin as revised/modified from time to time, with mutual consent of sub-agent in respect of all matters including security deposit etc.
  • In case any Freight Guarantee is required to be given to the carrier, the same shall be given by Forin on behalf of the sub-agent to the Shipping lines provided the cheque for the equivalent amount pertaining to the said transaction is promptly deposited with Forin by the concerned sub-agent. Sub-agent shall be liable to pay for any debits received for undelivered shipments along with any applicable storage/disposable charges in such cases. Sub-agent shall give freight guarantee to Forin on its letterhead.
  • In case of any Debit and /or Debit note received from the carrier for shipments booked on behalf of sub-ahent or routed through sub-agent the same shall be paid by sub-agentin full to Forin.
  • All bookings with carriers shall be doneby Forinonly after receipt of booking instructions
  • duly filed and signed and stamped or on official email by authorized personnel of sub-agent. Sub-agent will provide the name /designation and specimen signature of nodal and authorized persons to Forin.
  • It is also agreed that in case of any violation of rules/procedure/regulations, sub-agent shall be responsible all the consequences related to such consignments or for any default or any other violation pertaining to customs /Government/any other statutory authorities’ procedures, rules and regulations including legal issues that may arise at the time of shipment or in future, contents of boxes, compliance of customs laws and guidelines and rules framed there-under pertaining to shipments and all relevant documentations that may be required.
  • The courts at New Delhi shall have sole and exclusive jurisdiction for purposes of any dispute between Forin and the sub-agent. Any dispute arising between Forin and sub-agent will be subject to jurisdiction of Courts in Delhi only and not anywhere else in spite of the cause of action lying outside Delhi.
  • Sub-agent will not hold Forin responsible for any demurrage or relocation charges if shipment is held up due any unforeseen reasons beyond Forin’s control at origin, transit or destination and sub-agent shall be liable to pay for the freight and any other charges involved.
  • Cargo must be insured by the Shipper/Consignee. Forin will not be responsible for any loss/damage due mishandling. However Forin shall support by providing the required documents for initiating insurance claim by the Shipper/Consignee.
  • Forin assumes no liability on account of damage and reserves right to receive freight payment for the services rendered including the shipment in which delay, loss or damage may occur.
  • The above terms and conditions are binding on all the sub-agents with whom Forin goes into businesson Pan-India basis irrespective of any formal agreement with the concerned sub-agent.
  • Sub-agents are duty bound to read these Terms & Conditions on Forin site.
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