EDR Contract Document This Contract Agreement is made on the _______day of the
month of ________________, 2024.
Between
Contract Agreement For Container
_________________________________, having its principal
Transport Service By Railway place of business at
_____________sub City,
Ethio-Djibouti Standard Gauge Woreda____________H.No. ______________,
Railway Share Company [Link]: ______________, Tel: _________________ Mob.:
______________,
Email: ________________________________, Addis Ababa,
Ethiopia (hereinafter called the “Client”):
And And
Ethio-Djibouti Standard Gauge Railway Share Company
(EDR), a company incorporated under the laws of the Gov-
ernment of the Federal Democratic Republic of Ethiopia,
having its principal place of business, at Nifas Silk Lafto Sub
City, Addis Ababa (hereinafter called “Service Provider”):
Contract Agreement Ref. No. :
WHEREAS: The Client has requested and agreed to pro-
vide container cargo to be transported from In-
dode railway freight yard to SGTD container
railway freight yard at Djibouti using Addis Aba-
ba Djibouti Railway line;
WHEREAS: The Service Provider has agreed to provide
service of transporting container cargo from In-
dode railway freight yard to SGTD container
railway freight yard;
NOW THEREFORE, the parties hereby agreed as follows:
2024
1
Article 1 -and notify to the agent of the Service 15. If the documents are not completed until
Objective and Scopes of the Services Provider or his nominated agent by no- the last 2 hours before the train departure
Objective of the Services tice, e-mail or fax. from Indode, the train will not wait and
10. For Tuesday’s voyage the client the containers shall be unloaded if they
1. To undertake the railway transportation of 40ft
shall book the train (wagon) before have been loaded on the wagon, the un-
and/or 20ft container cargo from Indode rail-
12:00 noon of Monday, for Wednes- loading and loading fee should be ETB
way freight yard to SGTD container railway
day booking the client reserve the 600 per 40ft container and ETB 1,100 per
freight yard.
(train) wagons before Tuesday 20ft container that can be written in the
12:00 noon and for Friday’s voyage Incidental Charges sheet.
Scopes of the Services
the client shall book the train 16. In the event that after the reservation of
A. Prepare necessary documents to make ready (wagon) nbefore 12:00 noon of the wagons, the client cannot deliver the
the Cargo to be transported Thursday. The client shall also de- container or finish the documents for ex-
B. Loading and unloading on/from freight Wag- liver freight documents to the station port before the set deadline and/or cancel
ons at Indode railway freight yard and SGTD before 10:00 am of the day of trans- the transportation container, the client
container railway freight yard respectively. portation. shall be liable to pay the service provider
11. After booking the client can start to for the damage and the damage shall be
C. Transportation of container by Railway from
move the containers to Indode ETB 6,400 per wagon.
Indode railway freight yard to SGTD railway
freight yard. freight station before 2 days of the 17. The client is not allowed to store contain-
intended loading date. ers in Indode freight yard for more than 2
D. To execute the Services in accordance with
12. The client shall finish the document calendar days. But if the client stores con-
the terms of this Contract Agreement
preparation and make the containers tainers at Indode freight yard for more
Article 2
Obligations of the Client legally transportable as per the Ethi- than 2 calendar days, it will be charged a
opian customs regulations in one storage fee as per Clause 8 of Article 5 of
1. Give written instruction to the Service Provid-
day advance. this contract.
er to transport the container Cargo from In-
dode railway freight yard to SGTD container 13. The client must submit the scanned 18. Prepare 20ft or 40ft intact containers
railway freight yard. soft copy of all original shipping which have 4 angles undamaged and in
and custom documents in advance to good shape.
2. Preparation of necessary documents and facili-
ties to make ready the container Cargo to be the service provider in order to ena- 19. Prepare containers to be loaded 40ft or
transported. ble the service provider to forward two of 20ft per one flat wagon. It is not
the softy copy to Djibouti custom. possible to load one 20ft container per one
3. The client has to supply a minimum of 2 (two) On top of this, the client shall email flat wagon.
20ft containers or which is equal to this that the soft copy of EX8/EX3and T1 to
can be loaded in 1 flat wagon at one train set. Djibouti custom ( khaire- 20. If two 20ft containers are loaded per flat
dj80@[Link] ), SGTD ( abdoul- wagon, the weight load borne by each
4. Cover the cost of loading and unloading, and
[Link]@[Link] ) and to your bogie not exceed half of the allowed ca-
handling of container Cargos at origin and
Djibouti agent counterpart 24 hours pacity of the freight wagon, and the differ-
destination of the cargo.
prior to the train arrival in Nagad, ence between two bogies shall not exceed
5. Cover the cost of railway transportation for Djibouti. 10 ton. E.g., If one flat wagon is loaded
the container Cargo. with 2 containers of 20ft, the difference
14. The client should also forward the between two containers should not exceed
6. Make payment to the Service Provider for the scanned copy of all original ship- 10 ton.
service rendered in accordance with payment ping and custom documents to their
terms and conditions of this contract. agent in Djibouti for processing 21. The client must know that containers or
related documents before the arrival cargoes covered in tarpaulin are not al-
7. If the client requests to refund the service pay-
of train to Djibouti which enable the lowed to be transported in order to prevent
ment issued before booking the wagons (train)
cargo to be handing over and un- the cover from being hooked by OCS,
they should officially request EDR with a let-
loading within 12 hours after the cause fire or OCS break.
ter and will be charged 2% of the payment
made for administrative cost for the refund. train arrive in Djibouti. That means 22. Unloading and Loading operations, and
the client shall inform their agent in Container handling at SGTD container
8. Prepare necessary facilities to take over the
Djibouti to process the custom clear- railway freight yard is the responsibility of
transported cargo at destination upon arrival.
ance in Djibouti and to get gate pass the client.
9. Maintain detail information incorporating from SGTD before the train arrive
types, weight and destination of the cargo which enable to finalize the cargo
ready for shipment unloading within 12 hours after train
2 arrive.
23. Be responsible to follow up that the cargo be -And the client shall reimburse based on 8. Where the wagon carrying the cargo
loaded or unloaded on time. the official receipt provided by the con- stops due to accident or other mechani-
cerned bodies. cal problem, the Service Provider shall
24. The client should issue documents of hand-
promptly notify such condition to the
ing over (such as Gate pass and release or- 29. The client shall pay the 100% of the nearby customs station, and the Client;
der) within 12 hours after arrival of the contract price in advance. The pay-
where the wagon shall stay in Ethiopia
train/wagons at Nagad container railway ment of other charges and fees (if
due to mechanical problem (defect)
freight yard and the cargo shall be taken out any) shall be made within 10 calen-
that it shall be maintained within 4
of the storage yard within 12 hours to dar days after the service provider
calendar days; and if it is in Djibouti
SGTD. submitted payment request docu-
territory within 12 calendar days. In
25. Shall be responsible and obliged to pay de- ment to the client.
case of accident resulting in stoppage
murrage for the delay, more than 12 hours at 30. If the cargo to be transported is dan- of the wagon which cannot be solved
destination, caused on the service provider gerous and/or valuable goods, the client within 12 calendar days and the wagon
at one station due to the fault of the client in shall notify the service provider 48 is not operational, the Service Provider
solving the claim of customers or third par- (Forty-eight) hours before the cargo is shall get the cargo be carried and deliv-
ty. If the train arrival time is after 23:00 loaded on the train for further discus- ered by another wagon.
o'clock in the evening, the 12 free hours will sion. If not, the client shall be responsi-
9. The service provider shall be responsi-
start to count from the next day 6:00 in the ble for all the consequences arising
ble to provide accident or defect report
morning. from the shipment.
regarding the sustained damage.
26. The client is not obliged to pay Demurrage Article 3
Obligations of the Service Provider 10. The Service Provider shall buy cargo
if the train arrives on a date of official Pub-
1. Provide the list and Identification insurance policy (cargo liability insur-
lic Holiday at the destination and the 12 free
number of wagons in advance (24hrs) ance) for each supplied wagon.
hours will start to count starting from the
next day 6:00 in the morning. to the Client, any correction at least Article 4
12hrs before arrival at destination. Force Majeure
27. The client shall be charged a demurrage 1. Parties have no obligation to pay de-
of ETB 72,800 per wagon for the wagon 2. Provide the necessary train wagons
murrage or any other compensation if
that occupies the import container of and to notify train schedule and train
they have failed to discharge their obli-
Modjo or 91,000 per wagon for the wagon program 48 hrs. before to the client in
gation due to force majeure.
that occupies the import container of In- order to execute the contract.
dode for the delay of more than 12 hours 2. For this contract purpose force majeure
3. Unloading and Loading operations at
at destination (Nagad Railway station or shall be deemed to exist when the con-
Indode railway freight yard is the re-
SGTD railway freight yard, Djibouti). tract is not performed due to unforesee-
sponsibility of the service provider.
The client shall pay for the demurrage as able occurrence which absolutely pre-
per the following incremental brackets: 4. Transport the container cargo from vents the performance of the contract.
Indode railway freight yard to SGTD Article 5
a. For a delay of more than 12 hours to 1
container railway freight yard. Contract Price
calendar days: 25% of the amount listed
5. Provide safe transportation of the 1. The price of container transporta-
on article 2 sub article 27.
container throughout the transit. tion from Indode railway freight
b. For a delay of 1-2 Calendar days 50% of yard to SGTD container railway
the amount listed on article 2 sub article 6. The Service Provider shall make freight yard shall be ETB 42,344 per
number 27. ready the wagons it has assigned for 40ft container and ETB 42,854 per
the freight at the agreed place and two 20ft containers.
c. For a delay for more than 3 Calendar
time and to follow up that the cargo is
days 100% of the amount listed on article 2. The tonnage of the price for 40ft con-
loaded on time.
2 sub article 27. tainer is up to 40 ton (gross weight)
7. The Service Provider shall transport and the price shall be added on the
d. The demurrage payment amount will
and deliver the cargo it has taken over quoted price for every incremental ton
repeat itself every four calendar days and
in the condition it has received within proportionally if the container weighs
will be paid by the client accordingly.
two days to the SGTD Container rail- above 40 ton.
28. In addition to the clause 27, the client shall way freight yard after whole train set
also be responsible to pay demurrage for 3. The tonnage of price for two 20ft con-
loading is completed if the document -
the occupied wagon by client for any addi- tainers is up to 40 ton (gross weight)
of gate pass and release order is sub-
tional charge incurred such as for storage, and the price shall be added on the
mitted by the client to Nagad EDR
document preparation, loading and unload- quoted price for every incremental ton
office within two hours after train
ing of container. proportionally if the two 20ft contain-
arrive in Nagad railway station.
ers weighs above 40 ton.
3
(The service provider has the right to refuse Article 7 Article 12
containers that are stuffed with more than the Settlement of Dispute
Documentation Requirements
loading capacity of the containers standard.) 1. If a dispute arises between the parties,
The following document shall be delivered they shall exert efforts to settle their
3. Gross weight shall be the total sum of Car- to the Client upon request for settlement. differences amicably.
go, Packing and Container tare weight. 1. Consignment Note (Cargo handover doc- 2. If the parties fail to settle their disputes
amicably, the case shall be taken to the
4. The payment for additional tonnage (if ument to the Client).
competent Federal Court of law presid-
any) shall be paid in advance before the 2. Summary of payment request of the ser- ing in Addis Ababa.
container loaded on wagon. vice provider prepared as per agreed tar- 3. The governing law shall be the laws of
iff. the Federal Democratic Republic of
5. The price includes the transportation of Ethiopia.
full container from Indode railway freight Article 8
yard to SGTD container railway freight
Consignment notes The signatories confirm that they are fully
yard, and unloading and loading at Indode authorized to sign and execute this Contract
railway freight yard. 1. The service provider must certify the Agreement. The power of Attorney of the
taking over and handing over of the con- signatories for the parties is enclosed to this
6. The price in this contract does not include tainer cargo on Freight Carriage Ac- contract agreement.
loading and unloading operations, and ceptance Sheet of Addis Ababa-Djibouti
Container handling costs at SGTD contain- Railway in appropriate manner and pro-
er railway freight yard. For in the behalf of the client
vide to the client.
7. The client shall pay for the temporary stor- 2. Freight Carriage Acceptance Sheet shall
age of containers as per the following in- be prima facie evidence of the receipt of
cremental brackets: the container cargo by service provider,
A. 1-3 days: free of charge the kind, number, and weight of the (Authorized representative Position,
goods. name and Signature)
B. 4-7 days: ETB 150/20ft container/day
Article 9 Date: ______________________
ETB 250/40ft container/day
Termination of Contract
C. 8-15 days: ETB 500/20ft container/day For in the behalf of the service
The Contract may be terminated; provider
ETB 850/40ft container/day
1. Up on mutual consent by the parties.
D. 16 days and above: ETB 1200/20ft con-
tainer/day ETB 1600/40ft container/day. 2. Up on Completion of the contract period.
3. Up on Completion of the contracted car-
9. The service provider will review and adjust the
contract price if the services provider deems go. (Authorized representative Position,
that there is a significant change in the ex- 4. Up on a legal notice given by either party name and Signature)
change rate of USD to birr. if there is fundamental breach of the
10. Change of contract price, if any, shall be adjust- terms and conditions of this contract. Date: ______________________
ed with a contract amendment and will be com- Article 10
municated to the client before a week of imple- Witnesses
Contract effectiveness
mentation.
The Contract shall come into full force and
Article 6 Name & Signature
effect on the date when all of the followings
Contract Documents are accomplished:
1. The following documents shall constitute 1. The Contract is signed by both contract- 1. …………………………………
the Contract between the Client and the ing parties and witnesses. …………………….
Service Provider. ………………..
2. The Service Provider will receive 100%
I. Amendment made to this contract (if any) of the total Contract Price in advance for
each train set. 2………………………………………
II. This contract Agreement
Article 11 ……………….
III. Final Minutes of Negotiation (if any)
Contract Period …………………
2. If there is any discrepancy between the 3………………………………………
documents, they shall be interpreted priori- The contract duration shall be until De-
cember 31, 2024 from the date of effec- ……………….
tized in the order they are listed above. tiveness of the contract with possible ex- …………………
tension upon mutual agreement of the
parties
4