Carrierr - Contractor Agreement

8/6/2019 Carrierr - Contractor Agreement

http://slidepdf.com/reader/full/carrierr-contractor-agreement 1/9

2010

OPERATING LEASE AGREEMENT

Between

XXXXX

AND

SPRINT POWER & ENERGY LIMITED



SPRINT POWER & ENERGY LIMITED – TRUCK OPERATING LEASE AGREEM ENT 2

OPERATING LEASE AGREEMENT

THIS AGREEMENT is made this 15th day of JULY, 2010 BETWEEN XXXX of # XXXX {hereinafter

called the “Contractor”} of the one part AND Messrs SPRINT POWER AND ENERGY LIMITED

of Suite 17A, Humuani Plaza, 82, Kudirat Abiola Road, Oregun, Ikeja, Lagos, {hereinafter calledthe “Carrier”} of the other part. The Contractor is the owner of equipment specified in Appendix A to this Agreement and drives

and/or will provide drivers fully qualified under all applicable state and federal laws to operate

that equipment in intrastate and interstate haulage of Nestlé’s products. However, in case the

Contractor lacks necessary capability to handle pre-qualification and selection of driver(s), the

Carrier and Contractor shall jointly perform this task to select competent driver(s) to operate the

equipment; In this circumstance, the details shall be as specified in Appendix C attached hereto

and made a part hereof.

The Carrier has haulage contract with Nestlé Nigeria Plc and operates a haulage business. The

Carrier desires to retain the equipment and driver services in order to meet its transport

commitment.

Contractor desires to lease its equipment with a driver or drivers to Carrier, and Carrier desires

to lease that equipment with driver(s) to meet its transportation requirements for its customer -

Nestlé Nigeria Plc, and for good and lawful consideration, the parties agree as follows:

1. Copies of this Agreement: This Agreement shall be executed in duplicate. The Carrier will

give one executed copy of this Agreement to the Contractor and retain the other

executed copy for itself.

2. Exclusive Possession and Control by Carrier: Carrier shall have the exclusive possession,control and use of the equipment and driver attached to the equipment, and shall assume

full responsibility for the operation of the equipment, for the duration of the lease.

3. Ownership of Equipment: Ownership of the equipment shall reside with the Contractor

4. Status of Contractor as Independent Contractor: The Contractor shall be an independent

Contractor with respect to the transportation operations conducted on behalf of the

Carrier at all times during the period this lease is in effect. However, the Carrier shall be

responsible for the payment of Salary and accruing monthly trip allowances to the

driver(s) and truck-mate(s) manning the equipment, with same being deducted from the

payment due to the Contractor monthly.

5. Record of Transactions: Carrier shall prepare and keep records covering each trip for

which Contractor’s equipment is used in Carrier’s service.

6. Compensation to Contractor: Compensation to the Contractor for the lease of the

equipment and transportation services provided by the Contractor shall be at the rates

specified in Appendix B attached hereto and made a part hereof.

7. Fuel Expense: The Carrier shall pass on to the Contractor one hundred percent (100%) of

any fuel expense imposed by Nestlé Nigeria Plc for the transportation of its products.




8. Payments to Contractor: Carrier shall pay Contractor for all services provided under this

agreement within twenty (20) calendar days of following month for jobs carried out in

previous month. However, in case of any delay of payments from Nestlé, the Carrier

shall avail the Contractor of contacts to make independent enquiry.

9. Documentation Supporting Contractor’s Compensation: The Contractor’s compensationshall be made as specified in Appendix B. Carrier shall provide the Contractor before orat the time of settlement, a copy of the applicable rated customer invoice, delivery notes

and rate quotes from which the rates or charges shown on customer’s invoice are

computed, or a computer –generated document containing the same information.

10. Expenses Incurred in Operating Equipment: Except as may otherwise be provided in this

agreement, Contractor shall bear the operational expenses incurred in performing the

transportation services requested by Carrier under this lease agreement. Those expenses

shall consist of and are not limited to: fuel, fuel taxes, permits of all types, tolls, ferries,

base plates and license, fines and penalties resulting solely from the acts or omissions of

Contractor, insurance costs relating to insurance coverage required to comply with thisagreement, federal highway use tax on the equipment, federal, provincial, state or city

income taxes, and any self-employment or payroll taxes; and any sales, dues, excise and

other taxes due and owing to ownership or operation of the equipment. Contractor shallalso bear any expenses necessary to maintain the equipment in compliance with all

applicable Nestlé’s, federal and state safety laws and regulations.

11. Cession: Carrier shall not cede use of the trucks that are subject to this agreement to

another contractor/user without the written consent of the Contractor covered by this

agreement.

12. Appointment of fleet Manager: Contractor shall appoint a fleet manager (at his owncost) to manage the truck(s) under the supervision of the Carrier, else the Carrier shall

manage the fleet on his behalf.

13. Loss and Damage Claims: Carrier shall provide Contractor with a written explanation anditemization of any deductions for product(s) loss/damage to be deducted from

Contractor’s compensation. Contractor will be provided a reasonable opportunity to

present to Carrier any documentation or other evidence demonstrating that the loss or

damage was not due to Contractor’s act or omission or that of its employees. Except in

the case of concealed loss or damage where the consignee did not have a reasonable

opportunity to inspect the goods upon delivery, the presentation of a signed, clear

delivery receipt will be considered adequate to establish, without more, that theContractor was not responsible for the loss or damage. In no event will any deductions

for alleged product loss or damage be made against the Contractor’s compensation untilall documentation supporting the claim has been provided by the Carrier, and Contractor

has been given a reasonable opportunity to respond.

14. Carrier’s Insurance Coverage: Carrier is legally obligated to maintain insurance for the

protection of Nestlé’s products. Carrier will maintain and bear jointly with the

Contractor the cost of all required insurance covering goods-in-transit (GIT).




15. Insurance on Equipment: Contractor shall obtain comprehensive insurance on the

equipment as specified by state and federal laws and make copies of such insurance

available to the Carrier at the point of transferring the equipment to Carrier’s custody.

The renewal of such policy as at when due shall be the responsibility of the Contractor.

16. Escrow Account: Carrier shall not retain any funds belonging to Contractor or establishany escrow or reserve account for Contractor.

17. Notice: Any notice required or permitted by this agreement to the Carrier shall be

deemed conclusively provided when hand delivered to Carrier at any of Carrier’s

terminals, or to either the Carrier or the Contractor when deposited by either party in

the Nigeria postal service mail with first class postage prepaid, or electronically properly

addressed to the other party as follows:

Contractor Carrier

Name:............................................... Name: Sprint Power & Energy Limited

Street................................................. Suite 17A, Humuani Plaza,

City................................................... 82, Kudirat Abiola Way, Oregun,

State:................................................. Lagos-Nigeria

Tel.: Tel.: 234 807 316 2030, 802 843 7452

E-mail: E-mail: [email protected]

Should the address of either party change, notice of the new address must be provided

by first class mail within five (5) business days of that change.

18. Entire Agreement – Modification: This agreement, with the attached Appendices A-C,

constitutes the entire agreement and understanding between the parties and shall not be

modified, altered, changed or amended in any respect unless in writing and signed by

both parties.

19. Effective Date and Duration of Agreement: This lease shall be effective as of the date and

time the agreement is executed by both parties and shall continue in effect until

terminated in accordance with the provisions of this agreement. It is contemplated that

the term of this agreement will be for not less than two (2) years from the date of execution of agreement. Should Contractor or Carrier breach any of the terms of this

agreement, the other party will give written notice to the other party. If either party

desires to terminate the agreement without cause, forty-five (45) days’ written notice

must be provided to the other party.

20. Governing Law, Disputes and Remedies: This agreement shall bind the two parties and

capable of being legally enforced. This agreement shall be governed under the laws of

the Federal Republic of Nigeria and disputes arising under this agreement shall first be

settled mutually and where this fails, the help of Alternative dispute resolution system of

Nigeria in the first instance shall be sought.

mailto:[email protected]






IN WITNESS WHEREOF, the parties hereto have executed this agreement this --- day of -------

2010 and same shall be considered binding upon both parties and shall remain in full force

and effect unless and until terminated according to the terms of this agreement.

SIGNED AT _____________________ ON THIS _____ DAY OF

_____________________ 2010

Duly Authorised for and on behalf of Contractor

NAME

SIGNATURE ADDRESS

WITNESS

NAME

SIGNATURE ADDRESS

Duly Authorised for and on behalf of Carrier

NAME

SIGNATURE ADDRESS

WITNESS

NAME

SIGNATURE ADDRESS




List of Appendices

Equipment Particulars/Specification ................................................Appendix A

Specification of Compensation and Fuel Expense............................Appendix B

Declaration of Responsibility for Driver(s)’ action...........................Appendix C




Appendix A

Equipment Particulars/Specification

S/N MAKE MODEL ENGINENUMBER

CHASIS NUMBER REGISTRATIONNUMBER

COLOUR TRAILERTYPE

1.

2.

3.

4.

5.

6.

7.

8.




Appendix B

Specification of Compensation & Fuel Expense

Percentage Basis Compensation:

Carrier shall receive ten percent (10%) of the gross revenue of the aggregate monthly trips

undertaken by the Contractor under the Carrier’s contract with Nestle Nigeria Plc.

Fuel Expense:

Contractor shall receive one hundred percent (100%) of fuel expense imposed on the Carrier by

Client – Nestle Nigeria Plc.

----------------------------------------------

Carrier’s Authorized Representative

----------------------------------------------

Date Time (a.m/p.m)

I have seen, reviewed, and received a copy of this Appendix B – Specification of Compensation

and fuel Expense.

----------------------------------------------

Contractor

----------------------------------------------Date Time (a.m/p.m)




Appendix C

Declaration of Responsibility for Driver(s)’ action

We .................................................................................... hereby declare that we have beenactively involved in the selection, engagement and consented to employment of

....................................................... as the driver to man our equipment (with specification

shown in Appendix A) leased out to Sprint Power and Energy Limited. We also declare that we

shall assume full responsibility for the driver’s action in the course of carrying out the Carrier’s

business.

----------------------------------------------

Contractor

----------------------------------------------

Date Time (a.m/p.m)

I have seen, reviewed, and received a copy of this Appendix C

----------------------------------------------

Carrier

----------------------------------------------Date Time (a.m/p.m)

Carrierr - Contractor Agreement

Documents

Transcript of Carrierr - Contractor Agreement