T000004409_FileName_SR-LOG-TIRUNELVELI ... - Bharat Petroleum

12. In case any of the tank-lorries meets with an accident while it is loaded with Company's product,the Carrier shall:(a) Arrange conveying of information to dispatch storage points as also nearest police station;(b) Guard the tank-lorry and product till arrival of rescue agencies;(c) Arrange another fit tank-lorry to salvage the product from Accident tank-lorry;(d) Bring such transshipped / salvaged product to Dispatch Storage Point or other location as directedby the Company at Carrier's cost.(e) Be responsible and liable for loss / claims as determined by the Company.13(a) Carrier shall be responsible for any damage or loss caused to the Company‟s product or property bynegligence or default of it‟s Crew, authorized representative or tank-lorry. This will also includeconfiscation of Company's product delivered to the Carriers by any statutory authorities.(b) The Carrier should strictly adhere to the “Industry Transport Discipline Guidelines” as enumerated inAnnexure I to this Agreement.14(a) The Carrier shall not be entitled to assign, subrogate, sublet or part with it's right, title and interestunder this Agreement for any reason whatsoever, or change the ownership of / their right on thetank-lorries.(b) The Carrier shall not cause or allow any change in the constitution of its firm without obtaining theprevious written consent of the Company.15. Neither party to this Agreement shall be liable for the non-performance of any of its obligationsunder this Agreement so far as such non-performance is occasioned by conditions of the forcemajeure. The Force Majeure means natural calamities like floods, earthquake and other acts of Godand riots, etc.The affected party shall give the notice of occurrence of any such calamities within a period of 24hours of occurrence of such calamities. The performance of the respective obligations of the partiesunder this Agreement shall be resumed as soon such calamities, which have resulted in the nonperformance,cease to occur.16. This Agreement would be valid for period of 2 years with an option to extend one more year at thesole discretion of the Corporation on the same terms and conditions from the effective date as givenin the LOI / Work Order . However, Company reserves the right to terminate this Agreement bygiving two months advance notice without being liable to give any reason or pay any compensation.Notwithstanding anything to the contrary contained hereinabove, Company reserves the right toterminate this Agreement forthwith upon or at any time after happening of any of the following -(a) If the Carrier, its' proprietor or any partner is adjudicated insolvent or become bankrupt or goes intoliquidation whether voluntary or otherwise.(b) If attachment in execution of a decree is passed against the Carrier, its proprietor or any of it‟s'partners.(c) If road permits or statutory licenses / permissions granted to Carrier / it's tank-lorries by transport orany statutory authorities is cancelled or revoked.(d) If any of the information submitted by the Carrier in the tender is found incorrect at any time.(e) Breach of any of the terms or conditions of this Agreement by the Carrier.(f) If the Carrier commits or suffers to be committed any act which in the opinion of the Companywhose decision shall be final, is prejudicial to the good name / image of the Company or its‟products or its services.(g) If the Carrier causes disruption in transportation of bulk petroleum products. The decision ofCompany will be final and binding on the Carrier.(h) On the death or retirement of proprietor or any of the partners of the Carrier firm. However, in case,Company does not exercise this option, the Agreement shall continue as between the Company andsurviving / continuing partners of the Carrier. The legal representatives of the deceased partner orthe retiring partner himself shall be liable for all the obligation of the carrier incurred up to the date ofdeath or retirement but shall not be entitled to claim from the company any portion of SecurityDeposit. Company shall account for Security Deposit to the surviving or continuing partners. Thedeath or retirement of any partners shall be notified by the Carriers to the Company in writing within24 hours of such death or retirement.31