Transportation Agreement Review Tips

Summary

Reviewing transportation agreements involves assessing clauses for liability, loading requirements, and statutory compliance. Transporters should negotiate for limited liability in unforeseen incidents, mutual loading agreements, and ADAMA-provided statutory warning notices. Additionally, advocating for ADAMA to provide comprehensive insurance for high-risk products can offer added protection for the transporter. These considerations can be included in the comment section of the Word file for further negotiation.

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In the event Transporter intends to transport the third-party products along with ADAMA Products in a single carrier, Transporter shall ensure that such transportation shall not result into any liability, loss or damage to ADAMA including but not limited damage to property, loss of life, contamination of third party or ADAMA’s Products. The Products of ADAMA to be transported shall not come in contact or close proximity with items such as agricultural produce, food, clothing, drugs, toys, and cosmetics that could become hazardous if contaminated and all consignments of ADAMA under this Agreement. Also, the Products of ADAMA should be loaded in such a way that they will not be damaged during transport, their labels will not be rubbed off and they will not shift and fall off the transport vehicle onto rough road surfaces. Vehicles transporting pesticides should carry prominently displayed warning notices as per statutory guidelines/applicable laws of India.
Here are some considerations and comments from the transporter's perspective for negotiation with ADAMA:
- Liability Clause: Suggest limitation of liability for Transporter in case of unforeseen incidents or third-party actions.
- Loading Requirements: Recommend mutual agreement on loading methods to prevent damage, with shared responsibility for damages due to improper packing by ADAMA.
- Warning Notices: Propose that ADAMA provides the statutory warning notices to ensure compliance with India laws.
These points can be included as comments in your Word file for further negotiation.
state one comment in favor of transportater
- Insurance Coverage: Advocate for ADAMA to provide comprehensive insurance for high-risk products to cover any unforeseen damages during transportation, offering added protection for the transporter.
mention into comment section
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Here's a concise comment you can incorporate into the Word file from the transporter's perspective:
- Insurance Coverage: Advocate for ADAMA to provide comprehensive insurance for high-risk products to cover any unforeseen damages during transportation, offering added protection for the transporter.