TAXI ATTACHMENT AGREEMENT
This agreement (this "Agreement") is made at __________ on __________.
BETWEEN
__________, __________, of __________ (the "Owner");
AND
__________, of __________, acting through __________ (the "Union").
The Owner and the Union are each a "Party" and together the "Parties".
RECITALS
A. The Owner is the registered owner of the vehicle described in Schedule I (the "Vehicle"), which holds the permit described in Schedule I.
B. The Owner wishes to attach the Vehicle to the Union's bookings and dispatch arrangement, and the Union has agreed to accept the Vehicle on that basis, on the terms set out below.
NOW THIS AGREEMENT WITNESSES as follows.
- OWNERSHIP AND PERMIT UNCHANGED
1.1 Nothing in this Agreement transfers, or purports to transfer, ownership of the Vehicle or any interest in the permit under which it plies. The Vehicle remains the Owner's property and the permit remains in the Owner's name throughout.
1.2 The Owner warrants that the Vehicle is validly registered, that the permit described in Schedule I is current, and that the Vehicle carries valid insurance as described in Schedule I.
- THE ATTACHMENT
2.1 __________.
2.2 The Vehicle shall ply for hire from __________. __________.
2.4 Driving: __________.
- DUES TO THE UNION
3.1 __________.
3.4 The Union shall maintain a fair and transparent record of bookings allocated to the Vehicle and of fares collected through them, and shall make that record available to the Owner on reasonable request.
- OWNER'S OBLIGATIONS
4.1 The Owner shall, at its own cost, keep the Vehicle roadworthy, maintain a current fitness certificate, pay road tax, permit fees and other statutory dues, keep the insurance described in Schedule I current, and comply with the Motor Vehicles Act, 1988 and the rules made under it as applicable in Himachal Pradesh.
4.2 The Owner shall ensure that any driver engaged under clause 2.4 holds a valid commercial driving licence, badge and police verification, and complies with the Union's rules of conduct and the applicable law.
4.3 The Owner shall bear fuel, running repairs and day-to-day maintenance of the Vehicle.
- UNION'S OBLIGATIONS
5.1 The Union shall allocate bookings to the Vehicle fairly, on the rotation or priority basis its own rules provide, and shall not discriminate against the Vehicle as against other vehicles attached on the same terms.
5.2 The Union shall remit to the Owner, within a reasonable time and in any event within seven days, any fare collected by the Union on the Owner's behalf, less the dues properly payable under clause 3.
- LIABILITY
6.1 The Owner remains solely responsible, as between the Parties, for any traffic offence, accident, or claim arising from the operation of the Vehicle, save to the extent it arises from the Union's own default in the booking or dispatch process.
6.2 Neither Party is the other's employer, principal or agent by reason of this Agreement, and this Agreement does not create a partnership between them.
- TERMINATION
7.1 Either Party may terminate this Agreement by giving the other __________ days' written notice, without needing to show cause.
7.2 Either Party may terminate this Agreement with immediate effect on written notice if the other commits a material breach not remedied within fifteen days of written notice, or if the Vehicle's permit, fitness certificate or insurance lapses and is not restored within thirty days.
7.3 On termination, all dues then outstanding under clause 3 shall be settled within fifteen days, and the Union shall return any documents of the Owner or the Vehicle held by it.
- DISPUTE RESOLUTION AND GOVERNING LAW
8.1 __________.
8.2 The seat and venue of any arbitration, and the place of any court proceedings, is __________, whose courts have exclusive jurisdiction, subject to any arbitration agreed above.
8.3 This Agreement is governed by the laws of India as in force in Himachal Pradesh.
- GENERAL
9.1 This Agreement is the entire understanding between the Parties about the attachment of the Vehicle, and supersedes any prior oral arrangement.
9.2 No amendment is effective unless in writing and signed by both Parties.
9.3 If any provision is held invalid, the rest of this Agreement continues in effect.
SCHEDULE I — THE VEHICLE AND ITS PERMIT
Make and model: __________
Registration number: __________
Date of first registration: __________
Permit: __________ — __________
Insurance: __________
IN WITNESS WHEREOF the Parties have signed this Agreement at __________ on __________.
SIGNED by the OWNER
__________
Signature: ______________________________
SIGNED for the UNION
__________
By: __________
Signature: ______________________________