Truckker Vendor Contract
Truckker Vendor Contract
This Cargo Transportation & Related Services Agreement (“Agreement”) is made and entered into on ( ) by and
between:
Trukker (TRUKKER TECHNOLOGIES DMCC) , a company formed under the laws of (UNITED ARAB
EMIRATES) , CR (DMCC-216574), its head office at (DUBAI) , (UNITED ARAB EMIRATES) (hereinafter referred to as
“TruKKer”); and
( XYZ TRANSPORT LLC ) a company formed under
the laws of the (UNITED ARAB EMIRATES), its head office at (DUBAI ) CR (111111), (UNITED ARAB
EMIRATES) (hereinafter referred to as “Vendor”).
PREAMBLE:
A.TruKKer is a technology company aggregating demand for goods moving and related services and provides confirmed
demand to relevant vendors within its network through the use of the TruKKer App and other communication channels
(“TruKKer Services”).
B. TruKKer enables an authorized transportation provider to seek, receive and fulfill requests for Goods Handling,
Movement, and Transportation Services from an authorized user of TruKKer’s mobile applications (“Vendor Services”).
Whereas the Vendor is the owner of the trucks which are registered under its name and is desirous of rendering the land
transportation service to TruKKer’s clients/Users because of his experience in the land trucking business and ownership of
trucks.
Now therefore, in consideration of their mutual promises, covenants and conditions the Parties hereto agree to enter into this
Agreement and its annexes under the following terms and conditions:
Article 1 – DEFINITION:
The expressions contained in this Agreement shall have the following meanings:
(a) meets the then-current TruKKer requirements for a vehicle on the TruKKer Services; and
(b) TruKKer authorizes for your use for the purpose of providing Goods Transportation Services.
2.1 Vendor is responsible that it will comply with all applicable laws, rules, and regulations in the performance of this
Agreement, including holding and complying with all permits, licenses, registrations and other governmental authorizations.
Vendor warrants and guarantee that it shall not take part in any illegal, restricted, or sanctioned act or any act which may
bring the reputation of Trukker into disrepute. Without limiting the generality of the foregoing, the maximum load of the
truck is 30 metric tons Vendor shall not transport or store any illicit substances, use its services, or be associated with any
human trafficking, smuggling or other transportation of illegal goods in any way whatsoever, theft, misconduct or breach of
this Agreement. In case of failure by the Vendor to abide by this Article, the Vendor shall be fully and solely responsible for
compensating Trukker for all and any damages that may be sustained by Trukker as a result of such failure.
2.2 Vendor must provide TruKKer with the copies of all licenses, permits, approvals, authority, registrations and
certifications prior to its provision of any Goods Handling, Movement and Transportation Services at Trukker’s request.
TruKKer shall be entitled to review such licenses, permits, approvals, authority, registrations and certifications on a
periodical basis, at its sole and absolute discretion. Trukker may request the originals of these documents to be reviewed at
any time in order to ensure its validity and accuracy. Any review of such documents by Trukker shall not negate any liability
on Vendor to procure and maintain such authorizations. Failure to provide or maintain any of the foregoing shall constitute a
material breach of this Agreement which entitles Trukker to be compensated for any damages that may sustain as a result of
such breach.
2.3 Vendors shall provide qualified personnel (including drivers) to perform the Goods Handling, Movement and
Transportation Services and will be responsible for payment of their salaries and benefits. Vendor guarantees that all drivers
are well trained and have all valid licenses to drive the trucks. Further, the Vendor shall promptly notify Trukker in case of
absence of or changing any driver and undertake to promptly provide an alternative driver.
2.4 Vendor undertakes to maintain proper safety of the goods loaded for transportation on the truck. All necessary and
preventive measures to prevent the occurrence of any damage to decrease in or loss of such shipments, including
safeguarding of shipments from theft or robbery. Vendor’s failure to abide by this Article shall entitle Trukker to a
compensation for the loss that may be sustained as a result of such failure.
2.5 Vendor shall bear all costs and expenses related to vehicles, drivers, helpers and equipment necessary to implement this
Agreement, including the cost of fuel, vehicle maintenance, wages, salaries, insurance, as well as the taxes, fees, tickets of
violation or penalties imposed on the vehicle or driver.
2.6 Vendor is obliged to deliver the shipment within the given transit time and in case of delay, Trukker shall have the right
to deduct all costs that incurred as a result of such delay from Vendor’s dues., and in case the Vendor does not commit to the
mentioned above and for a period that exceeds 10 days from the date of delivery, TruKKer has the right to hold all the
Vendor’s due payments until the Vendor provides all the pending PODs within a maximum period of 15 days.
2.7. The Vendor shall promptly notify Trukker in case of breakdown of any truck and shall as soon as possible provide an
alternative truck. In case of failure, Trukker shall be entitled to deduct from the Vendor’s dues any costs that Trukker may
incur as a result of delay in notification.
2.8 The Vendor shall promptly notify Trukker in case of loading time will delay for more than four hours and the Vendor
hereby declared that he would bear any expenses or costs resulting from such delay.
2.9 The service provider shall be fully responsible for the load and shall be obligated to store and preserve it in a manner that
leads to its safety in the event that the customer refuses to receive the load for any reason for which the service provider is
responsible, such as damage to the load or any other reason.
Article (3) INDEMNITIES, LIABILITIES AND LIMITS TO LIABILITY:
3.1 Vendor shall indemnify, defend (at TruKKer’s option) and hold harmless TruKKer and its affiliates and their respective
officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including
legal fees), damages, penalties, fines, social contributions and taxes arising out of or related to any
(a) breach of Vendor’s representations, warranties or obligations under this Agreement; and/or
(b) any claim by a third party (including Users, insurance providers, regulators, and governmental authorities) whether made
against TruKKer or the Vendor, whether directly or indirectly, wholly or in part, related to the provision of the Goods
Handling, Movement and Transportation Services and/or use of the TruKKer Services.
3.2 The Vendor shall be solely responsible for the cargo with the trucks owned by him or those trucks which are leased in
order by him and used by his drivers who are approved by the shipper until the goods are delivered to the recipient specified
by the shipper.
3.3 The Vendor is committed to compensate for the cargo value that has been stolen and/or damaged because of its
responsibility toward the TruKKer.
3.4 The drivers of the Vendors should behave in a good manner on the road and to comply with traffic instructions.
3.5 Vendor is not entitled “under no circumstances” to claim from TruKKer with any fees related with vehicles or
maintenance, or any other expenses neither shall the Vendor in any way or for any reason including but not limited to
payment delays hold Trukker shipment(s) partially or wholly.
4.1 These Terms and Conditions shall come into effect on the date on which the Vendor accepts a request for Services and
shall remain valid for 1 year unless and until terminated in accordance with the terms and conditions of these Terms and
Conditions.
Either Party may terminate these Terms and Conditions with or without cause at any time upon thirty (30) days prior written
notice to the other Party.
4.3 Termination of these Terms and Conditions in any manner and for whatever reason shall not relieve the Parties from their
respective obligations herein.
5.1 Vendor is entitled to trip wise payment for Goods Handling, Movement and Transportation Service it provides to a User
at the rates set by TruKKer once the same has been received from the User.
Article 6 – INSURANCE:
6.1 The Vendor agrees to procure and maintain during the term of this Agreement, any and all insurances pertaining to the
goods being transported and the Services being provided to adequately cover any risk and/or damages which may occur,
including but not limited to Hauler insurance, or an insurance equivalent thereto, taking into account that if the relevant
insurance policy is not presented, Trukker will provide the necessary insurance for twenty Saudi riyals (or its equivalent in
other currencies) for one truck.
6.2 Without limiting the insurance requirements of the foregoing articles, the Vendor agrees to procure and maintain during
the term of these Terms and Conditions all insurances required by applicable legislation.
6.3 The Vendor agrees to provide TruKKer and its affiliates with a copy of any insurance policy, policy declarations, proof
of insurance identification card and proof of premium payment for the insurance policies required by this Section at any time
throughout these Terms and Conditions at Trukker’s request.
If the delay or the failure of fulfillment of the obligations results from conditions beyond the party’s control, neither party
shall be responsible for any compensation to each other.
This Agreement shall be governed by and construed in accordance with the laws of ((UNITED ARAB EMIRATES). Courts
in (DUBAI) shall have exclusive jurisdiction over any dispute that may arise.
This Agreement was made in two (2) originals. Each Party has received its originals as requested.
For TruKKer
For (*)
Name:
Name:
Signature:
Signature:
Stamp: