- Phone: +91-9696669976
- Email: info@ rtgfexpress.com
RTGF EXPRESS PRIVATE LIMITED hereby appoints ASSOCIATE as its non-exclusive Business ASSOCIATE in the Territory to provide such services, perform such functions and fulfill such duties as may be provided for in this Agreement.
If this Agreement is terminated for any reasons, prior to the normal expiry date, then and in such an event, all rights and license granted to ASSOCIATE hereunder shall cease and ASSOCIATE shall forthwith cease to use and return to RTGF EXPRESS PRIVATE LIMITED immediately all the Technical Know How and all information/ confidential information and rights received from RTGF EXPRESS PRIVATE LIMITED .
The ASSOCIATE, its directors, shareholders and partners shall be precluded throughout the term of this Agreement and for a period of twelve (12) months after its termination, for whatever reason, from performing any activity as mentioned in this Agreement either in their own capacity or from any other organization or entity which competes or intends to compete with RTGF EXPRESS PRIVATE LIMITED in the Territory, unless RTGF EXPRESS PRIVATE LIMITED.
Upon entering into a license Agreement with RTGF EXPRESS PRIVATE LIMITED, ASSOCIATE shall be permitted to sell all domestic, international and cargo products hereunder, under the trade name RTGF EXPRESS PRIVATE LIMITED and its trademarks. ASSOCIATE shall not be entitled to, and shall not, use or register on its own RTGF EXPRESS PRIVATE LIMITED trade names, brand names or any other similar name or simulation or contraction thereof. The ASSOCIATE shall also not be entitled to use, nor register on its own behalf the trade names, brand names or any other similar name or simulation of RTGF EXPRESS PRIVATE LIMITED.
The ASSOCIATE shall however be entitled to append its name, or the name of its firm as "Authorized Service Provider of RTGF EXPRESS PRIVATE LIMITED" in that order.
In the event of the ASSOCIATE starting a local express facility, the ASSOCIATE shall be solely responsible for the same, and RTGF EXPRESS PRIVATE LIMITED shall have nothing to do with the said activity. The term local express shall mean.
"Providing express services within the local limits of the city or Territory alone." Any Express activity beyond such limits will not be considered as local express and will have to be routed through the network of RTGF EXPRESS PRIVATE LIMITED. ASSOCIATE shall not use the name "RTGF EXPRESS PRIVATE LIMITED" in connection with the provision of these local services nor may ASSOCIATE represent itself as ASSOCIATE with RTGF EXPRESS PRIVATE LIMITED for such local express facility without written approval from RTGF EXPRESS PRIVATE LIMITED.
On receipt of invoice, the recipient shall make payment of the same within 15 (fifteen) days towards payment of invoice. Failure of payment will entitle the recipient, notwithstanding any other legal rights, The parties shall within fourteen (14) days of end of each quarter agree in writing all amounts due to each other including resolving any dispute between them over any amount due.
The rates shall be renegotiated by the parties yearly in the month of December. Should the parties fail to reach an agreement as to the new rates before the commencement of any year or within thirty (30) days of its commencement, the rates shall remain same as the previous year.
The service feel price/ consideration is exclusive of Goods and Services Tax ('GST*) / other indirect taxes and cess, as may be applicable and to be billed separately. Other taxes to be charged shall be specifically stated. GST include CGST, SGST, IGST, UTGST or any other tax under this nomenclature that maybe imposed by the government from time to time. Appropriate taxes, if prescribed by GST Legislation to be charged and recovered bythe ASSOCIATE along with the invoice.
This Agreement shall be effective on the date of the execution of this Agreement ("Effective Date"). The Agreement shall be valid, legal and binding from the Effective Date unless terminated by either Party in accordance with this Agreement. And thereafter it will stand terminated subject to the provisions of this Agreement.
After the prescribed term of this Agreement, if this Agreement is not renewed and neither party expresses and communicates to the other party its intention in writing to not renew this Agreement then this Agreement shall be deemed to be continued under same terms and conditions unless otherwise decided and communicated in writing by either party to other party.
RTGF EXPRESS PRIVATE LIMITED may terminate this Agreement by written notice if there is a direct or indirect change in the ownership, shareholding, re-constitution or change in control of the ASSOCIATE. In such an event parties may execute a fresh agreement to continue the business relationship in which case the ASSOCIATE shall provide all the Confidential between Both the Parties required supporting documents in this regard.
In case of breach of the provision of clause 11 or sub-clause 12 of this agreement by the ASSOCIATE, RTGF EXPRESS PRIVATE LIMITED shall have a right to immediately terminate this agreement without prejudice to the exercise of any other rights it may have against the ASSOCIATE in terms of this agreement.
Either of the parties may terminate the Agreement immediately upon written notice if the other becomes insolvent or bankrupt or in the opinion of the other party wishing to terminate gives the impression that it is likely to go insolvent or bankrupt.
Either party may terminate the Agreement at will upon giving not less than thirty (30) days prior written notice to the other party.
In the event of termination, the parties shall render a final account to the other of all outstanding amounts and the net outstanding amount shall be paid within fifteen (15) days of the rendering of the account.
Upon termination, the ASSOCIATE shall return to RTGF EXPRESS PRIVATE LIMITED within seven (7) days of the termination all sales, marketing and operational material in its possession (all materials bearing RTGF EXPRESS PRIVATE LIMITED intellectual property).
The ASSOCIATE shall indemnify and keep indemnified RTGF EXPRESS PRIVATE LIMITED against any expenses, cost, claims, loss, damages or penalties incurred by RTGF EXPRESS PRIVATE LIMITED, howsoever occasioned, including any damage or loss caused to any third parties, arising out of any acts or omissions on the part of the ASSOCIATE and/or its staff- members.
The ASSOCIATE shall indemnify and keep indemnified RTGF EXPRESS PRIVATE LIMITED from and against payment of all fees, taxes and levies and other such liabilities whether past, present or future to the State and/or Central Government, Municipal Corporation or any other Government body or authority or person in respect of the any activity/operation arising out of this Agreement and keep RTGF EXPRESS PRIVATE LIMITED indemnified against all costs, charges, expenses that RTGF EXPRESS PRIVATE LIMITED may incur on account of failure on the part of ASSOCIATE to discharge its liabilities.
In case of international shipments on CHARGES COLLECT basis, the ASSOCIATE will keep RTGF EXPRESS PRIVATE LIMITED compensated/indemnified against non-payment of courier / freight charges payable by the consignee.
The ASSOCIATE also undertakes to pay to RTGF EXPRESS PRIVATE LIMITED over and above the courier/ freight charges, customs duties and clearance charges and other taxes, if any, applicable according to the laws of the destination country.
The ASSOCIATE also confirms that even in the event of ASSOCIATE not being able to collect the amounts due from the consignee within the agreed time for any reason whatsoever, the ASSOCIATE shall compensate and indemnify for the charges as per the international charges collect tariff plus an amount of 20% as service charges plus customs duties, clearance charges and taxes as has been paid byRTGF EXPRESS PRIVATE LIMITED or its representative in respect of the said consignment.
Neither party shall be liable for any special or consequential loss suffered by the other party (including but not limited to loss of profit or loss of opportunity) arising from any breach of the other party and or negligence of the other party.
Our maximum liability for the damage, loss, theft or misappropriation of any Shipment during the transit period shall be IN 2000.00 or the actual aggregate value of the product, whichever is lower.
For any loss or theft or misappropriation of any Shipment with a value above INR 2000.00 we shall provide you a COF only.
ASSOCIATE shall not sub-license to any third party in the Territory the technical information, rights and licenses acquired by it hereunder, except when the terms and conditions of such sub-license are previously agreed upon in writing by all parties involved, i.e. such Third party, ASSOCIATE and RTGF EXPRESS PRIVATE LIMITED. Further the ASSOCIATE shall never have any association or arrangement direct or indirect with any other ASSOCIATE of RTGF EXPRESS PRIVATE LIMITÉD independent of RTGF EXPRESS PRIVATE LIMITED and violation of this clause will entitle RTGF EXPRESS PRIVATE LIMITED to terminate the Agreement without giving any notice in advance.
Each of the parties shall perform its obligations as set forth in SCHEDULE V, VI and VII attached hereto relating to Outbound Consignments or as may be informed by RTGF EXPRESS PRIVATE LIMITED through mail or any written communication.
The parties at all times keep each other’s consignments in its possession and under its control safe from theft, loss, weather and all other dangers and shall ensure consignments are not delayed or detained unnecessarily by any government officials in the Territory.
The ASSOCIATE shall duly perform, observe, abide by and otherwise comply with all Government or Statutory laws as applicable to the said activities/operations from time to time and for the time being in force and so far as to the extent they are required to be observed, performed or complied by it.
RTGF EXPRESS PRIVATE LIMITED will provide specialized Know How as to information technology for providing computerized feed back to clients all over the country. The ASSOCIATE, will need to invest independently in compatible hardware and to recruit software competent personnel to manage the said activity in close coordination with RTGF EXPRESS PRIVATE LIMITED.
The ASSOCIATE agrees to diligently use its best efforts to maximize sales in the Territory, and to spend as much time and money as maybe reasonable to promote the sale of Outbound Consignments in the Territory.
The ASSOCIATE agrees to comply with all of the RTGF EXPRESS PRIVATE LIMITED specifications, standards, policies and operating circulars and procedures as RTGF EXPRESS PRIVATE LIMITED may prescribe from time
to time in writing relating to the manner in which the sales, service support and marketing of Outbound Consignments is to be performed.
The ASSOCIATE shall ensure that it shall at all times have a sufficient number of customer service staff to meet the demands of the Outbound Consignments.
The ASSOCIATE agrees that the RTGF EXPRESS PRIVATE LIMITED products and services provided by it shall be of a high quality and further agrees to promptly correct any deficiencies therein brought to its attention by RTGF EXPRESS PRIVATE LIMITED.
The ASSOCIATE shall give 30 days prior written notice/information to RTGF EXPRESS PRIVATE LIMITED That ASSOCIATE wants to change the off elicatement. The ASSOCIATE shall also provide supporting documents case the ASSOCIATE wants to change the office location from the one agreed under the terms of this agreement or change for the change in location or change in name within 7 days of such change to RTGF EXPRESSPRIVATE LIMITED.
RTGF EXPRESS PRIVATE LIMITED shall decide the requirements of training of ASSOCIATE personnel in selling; Outbound Consignments and the training shall be conducted at the location designated by RTGF EXPRESS PRIVATE LIMITED and at such time and for such duration as RTGF EXPRESS PRIVATE LIMITED may decide. The ASSOCIATE shall be responsible to the traveling expenses of the trainee. The traveling expenses of the trainer shall be shared equally between the parties.
ASSOCIATE agrees that all information, whether written or oral, including but not limited to know- how, standards, instructions, procedures, notes or methods of business or such confidential or proprietary information which RTGF EXPRESS PRIVATE LIMITED may disclose to ASSOCIATE pursuant to the terms of this Agreement, shall be received and held by them on a strictly confidential basis and shall be used solely for the purposes of this Agreement and except as provided in this Agreement, may not be disclosed to any person or business entity whatsoever.
ASSOCIATE will not, without RTGF EXPRESS PRIVATE LIMITED's express written permission, make or have made, or permit to be made, copies of any of the information other than those necessary for its use hereunder.
The Technical Know-How, procedures and documents furnished here under be deemed to be and shall remain the property of RTGF EXPRESS PRIVATE LIMITED,
RTGF EXPRESS PRIVATE LIMITED shall designate an individual or individuals who shall have authority to consider and decide upon any request from the ASSOCIATE with regards to consents, permission or approvals as contemplated.
Neither the expiry of this Agreement, nor the early termination thereof for any reason whatsoever shall release either party from any of its obligations.
Supply of stationery, Airway bills etc. AWB will be generated online during the booking and if manual AWB requires then it shall be provided by RTGF EXPRESS PRIVATE LIMITED.
RTGF EXPRESS PRIVATE LIMITED may also make available, all other stationery (manifests, challans, marketing material including document sleeves etc.) on a cost basis, for which purposes, the ASSOCIATE would have to raise periodic indents.
Associate is expected to participate in marketing activities in order to grow the business in his local market from time to time at a cost sharing basis.
Each party hereto shall promptly execute and deliver such additional documents as are reasonably required by the other party hereto for the purpose of implementing this agreement provided that no such document shall be inconsistent with the provisions hereof.
Independent Contractors: - The relations between parties for all the purposes of this agreement or matters were arising, from this Agreement shall be that of independent contractors and nothing contained herein, shall constitute either partythe agent of the other.
Arbitration: - The Parties hereby expressly agree that if any dispute or difference arises in connection with this Agreement, the same be referred for Arbitration by a single Arbitrator to be appointed by RTGF EXPRESS PRIVATE LIMITED. The award of the Arbitrator aforesaid (hereinafter referred to as "Arbitral Award'*), shall be final and binding on the parties. It is also expressly agreed that neither party shall have the right to approach the court for any interim relief pending the grant of Arbitral Award as above. The venue of the Arbitration shall be New Delhi and the Arbitration proceedings shall be conducted in English language.
Jurisdiction: - Notwithstanding the place of signing of the agreement, the Parties expressly agree that Courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction in all matters of dispute arising hereunder and objection regarding jurisdiction shall not be raised by either party.
Force Majeure: - Neither party to this Agreement shall be liable for any failure or delay on its part in performing any of its obligations under this Agreement or for any loss, damage, costs, charges and expenses incurred or suffered by the other party by reason thereof if such failure or delay shall be the result of the arising out of force majeure conditions and, provided that the party claiming force Majeure shall use its best efforts to avoid or remove such cause of non-performance and shall fulfill and continue performance hereunder with the utmost dispatch whenever and to the extent such cause or causes are removed.
Assignment and sub-contracting: - The Associate shall itself perform its obligations under this addendum and the said principal agreement. For any kind of sub-contracting/ assignment, Associate needs the prior written approval of RTGF EXPRESS PRIVATE LIMITED
Waiver: - No express waiver or assent by either party to any breach of or default in any term or condition of this
Agreement shall constitute a waiver of or assent to any other breach of or default in the same or any other term or condition hereof.
Construction: - This Agreement sets forth the entire Agreement and understanding between the parties with respect to the subject matter hereof.
Applicable Law: - This Agreement shall be construed and enforced according to the laws of the Republic of Amendments: - This Agreement shall not be amended, altered or modified except by an instrument on writing
Expressly referring to this Agreement and signed by the parties hereto.
Representations and Authority: - Each party represents and warrants that it is permitted by its respective corporate charters and incorporating documents to enter, and are not restrained, prevented or inhibited (byway of contract or arrangement to which they are a party) from entering into this Agreement and undertaking the obligations herein.
Notices: Except as specifically provided herein, all notices required hereunder shall be in writing and shall be given by personal delivery, facsimile, international courier service of recognized reputation or by registered postage prepaid, return receipt requested, to the parties at their respective addresses first set forth above, or to any party at such other addresses as shall be specified in writing by such party to the other parties. All notices shall be deemed effective upon personal delivery, or one business day following receipt by facsimile, or seven days following deposit in the mail or three business days following deposit with any international courier service of recognized reputation.
IN WITNESS WHEREOF, the parties hereto have hereunto set and subscribed their respective hands the day and the year first hereinabove written.
1. Ensure that the consignor or his representative signs the airway bill which is complete in all respects in legible writing and also any other related documents
2. Ensure that the shipment is properly packed to protect against risk of loss or damage.
3. Ensure necessary security checks are done on the shipment to ensure that it does not contain goods prohibited as per terms of carriage.
4. Sending pre alert of the consignment prior to the schedule time of arrival of flight at the destination.
1. Ensure that the consignor or his representative signs the airway bill which is complete in all respects in legible writing and also any other related documents
2. Ensure that the shipment is properly packed to protect against risk of loss or damage.
3. Ensure necessary security checks are done on the shipment to ensure that it does not contain goods prohibited as per terms of carriage.
4. Sending pre alert of the consignment prior to the schedule time of arrival of flight at the destination.
1. Receive the shipment at the transfer point after clearance.
2. Sort, bag, manifest and forward consignment to the RTGF EXPRESS PRIVATE LIMITED gateway.
3. Alert the shipment in INFOAXS
4. Provide the ASSOCIATE details of proof of delivery within the specified time period agreed hereto in writing separately and in the format agreed.
5. Supplyanyother information as requested by the ASSOCIATE within 24 hours of request.
1. Receive the shipment at the transfer point after clearance.
2. Check the consignments to ensure they are undamaged and in good condition.
3. In case of transshipment sort, bag, manifest and forward consignment.
4. Providing the initial report to the ASSOCIATE as required within one hour of clearing of shipment.
5. Deliver the consignment to the consignee shown on the airway bill and taking proof of delivery (POD) on the POD copy of the airway bill. The proof of delivery should clearly show the name of the signatory, the date and time of delivery and damage to contents of shipment if any.
6. Provide the ASSOCIATE with the proof of delivery within the time agreed separately in writing and in the format set out. Also providing any other information as desired by any RTGF EXPRESS PRIVATE LIMITED office within 24 hours of request.
7. If it is not possible to deliver any Outbound Consignment before the close of the office hours, to raise a Non-delivery Report (NDR) within the time frame agreed in writing separately and in the format set out.
8. Collect tax from the consignee if any.
9. Ensuring where an Outbound Consignment is not delivered on first attempt an agreed number as agreed separately in writing is made. Ensure at all time to hire competent and suitable personnel who at all times shall be present in neat and clean appearance.
10. Maintain sufficient fleet of vehicle in good condition to affect deliveries.
1. CARRIAGE OF PROHIBITED, BANNED AND ILLICIT CONSIGNMENTS
ASSOCIATE shall physically verify and inspect the Shipment and the same to be compulsorily mentioned under the Contents column of the airway bill. Declared value of the consignment shall also be mentioned under the declared value column of the airway bill and a copy of the invoice shall be attached as supporting. List of prohibited items attached for the reference.
A self-attested copy of any of the following document(s) shall be compulsorily collected from the shipper/consignor and shall be attached with the airway bill as a proof of identity and residence:
A- Voter Identity Card B- Valid Passport
C- Driving License
D- PAN Card and Ration card
E- PAN Card and residential electricity/telephone bill copy
F- Any other documents confirming the proof of identity and residential address of the shipper/consignor.
Franchise - DO's and DON"T's
1. When in doubt, ASK!!!! For any help with respect to the booking process / Operational Challenges / Invoicing, please reach out to Support @rtgfexpress.com.
2. The system gives the suggested price and TAT for any shipment. Do not make any false promises.
3. Please follow the list of Prohibited / Restricted items. We are not allowed the transport these shipments via our network.
4. Ensure shipment is properly packed - if required, use tape / box / sleeve for packaging as required. We have a responsibility of safe transit.
5. Please remember to take a photo of the id card. Enter the correct id card number while booking the shipment
б. Always provide the AWB no. to your customer for tracking the shipment.
7. Terms and conditions with respect to the 'Insurance and Liability' will be updated from time to time. In case of any doubt, please reach out to the support team.
1. Self Direct Booking Benefit is 35% in MRP.
2. Additional associates MF or Franchise booking Benefit is 3% in B2C segment is 2% in B2B Segment.
3. Assign States Master Franchise and Franchise Joining Fees Benefit is 5%.
The consignor shall not book any consignment containing any the following nor can DPL carry any of the following items - Liquid products of any volume, Livestock, perishables, live plants, Flammable items (firecrackers, oil cans, adhesives, paint cans), Explosives (arms, ammunition, fireworks, flares, gunpowder, airbag inflators), Fire extinguishers, Platinum, gold, silver, artificial jewellery, gem, precious, semi-precious metals or stones in any form including bricks, Alcohol/tobacco/medicines/drugs/poisonous goods, Toxic and infectious Items, High capacity batteries such as car batteries, generator batteries, Machinery parts containing oil, grease, fuel or batteries, Corrosive items (acids, chemicals), radioactive material, Indian postal articles such as stamps and articles like Coins, Banknotes, Currency notes, Sodexho or securities of any kind payable to bearer, travelers cheque, Gambling devices, lottery tickets, Pornographic material, Passport.