winter project on contracts
TRANSCRIPT
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WINTER PROJECT ON IMPLICATIONS OF
CONTRACTS ON DB GROUP
PREPARED BY-AJINKYA SUKHATANKARPGDM 2011-13
ROLL NO-4
DATE-3/3/2012
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Topics To Be Covered
INTRODUCTION TO DB GROUP
FREIGHT FORWARDING
SERVICES OF DB GROUP
DEPARTMENTS OF DB GROUP
CONTRACTS
ELEMENTS OF LOGISTICAL CONTRACTS
INDIAN CONTRACTS 1872
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Topics To Be Covered
INTERNATIONAL CONTRACT LAW
CONCLUSIONS
RECOMMENDATIONS
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DB GROUP
DB Group is an Italian freight forwarding company created in 1950 under
the name De Bortoli Trasporti, a family business for domestic transports,
with Mr. Angelo De Bortoli as its sole associate.
By the early 90s the company was ranking amongst the leading shipping
companies for footwear and outdoor industry companies operating in the
Montebelluna area.
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DB GROUP
Its acquisition ofAMI (an air and sea freight shipping company)
in 1992 enabled the company to branch out into all fields of transport and
then subsequently go global.
Within a few years it set up offices in Italy (Montebelluna, Mogliano
Veneto, Tessera, Milano, Prato, Trieste, Ancona)
And abroad, in Europe (Munich, Stuttgart, Dusseldorf, Barcelona, Madrid,
Granada, Bilbao, Lubjana, Arad, Bucharest, Timisoara, London).
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DB GROUP
In America (New York, Los Angeles and Atlanta), in Asia (Hong Kong,
Shanghai, Osaka, Tokyo, Mumbai, New Delhi, Chennai and Bangalore )
in Australia(Sydney and Melbourne).
DB Group currently boasts a workforce of over 250 employees stationed
in approximately 30 offices worldwide.
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D.B. Group in the world...
http://www.dbgroup.net/content.asp?L=3&idMen=195http://www.dbgroup.net/content.asp?L=3&idMen=195 -
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FREIGHT FORWARDING
A freight forwarder, forwarder, or forwarding agent is a person or
company that organizes shipments for individuals or corporations to get
large orders from the manufacturer or producer to market or final point of
distribution.
A forwarder is not typically a carrier, but is an expert in supply chain
management.
In other words, a freight forwarder is a "travel agent," for the cargo
industry, or a third-party (non-asset-based) logistics provider.
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SERVICES OF DB GROUP
Sea & Air
Sea Freight, Air Freight and Combined Sea & Air Freight Import and
Export transportation Services from and to the most important domestic
and international Ports and Airports
With the combination of DB Groups employees and a network of
correspondents, it covers all five continents and can offer total support to
companies wishing to place their products on international markets
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SERVICES OF DB GROUP
DB Group works in close collaboration with a network ofoffices based all
over the world, in synergy, and we can continuously track all stages of
your companys shipments
DB Group also a FIATA and I.A.T.A. (International Air Transport
Association) agent.
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CORE PRODUCTS OF DB
AIR EXPORT
AIR IMPORT
SEA EXPORT
SEA IMPORT
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CORE DEPARTMENTS OF DB GROUP
Customer Service-Both Air and Sea operations
Documentation
Finance and Accounts
Sales and Marketing
Operations- Air and Sea
Pricing
Quality Control
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Job Profiles of DBS Departments
Internal Operations- Air(Export and Import)
Responsible for internal operations of DB Group.
Issuing MAWB and HAWB.
Preparation of Master File for Air operations/Sea Operations.
Details Regarding Shipments
Maintenance of Records.
Tracking of Shipments.
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Customer Service Department (Air and Sea operations)
Responsible for maintaining good relations with clients
Providing Information to the customers.
Giving details about the shipment to the shipper and consignee.
Works in co-ordination with pricing department.
Maintaining good rapport with air and sea operations.
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DOCUMENTATION
Maintaining documents of various air and sea operations.
Arranging of various documents in a proper manner.
Handling the documents to the final customer (Both Air and Sea).
Preparing the MWAB and HAWB.
Issuing Gate pass , BL (Bill Of Lading),Carting Copy and several
important documents.
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Sales and Marketing Department
Prospecting future customers for DB group.
To attain maximum sales.
Promoting DBS core products
Preparing marketing strategy
To co-ordinate with various departments
Attending Sales Calls- Maximum 4 clients per day.
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Sales and Marketing Department
Achieving credit objectives.
Attending educational seminars and workshops.
Closing the deal.
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Finance and Accounts
To maintain all various information in the NOVA(Italian Software).
Collection of various tax invoices and TDS receipts
Fund Transfer(RTGS and NEFT).
Maintenance of various accounts in the software
Request for DD and other various cash approvals.
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Finance and Accounts
Customer File management/Accounting Client
VAT details
Custom Duty Charges
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Pricing
Quoting the right price to the clients.
Bargaining with the customers.
Enquiring about airline rates for example-Emirates quoting a high price or
Lufhthansa quoting a lower price.
Request for Sea/Air freight charges.
Preparing a Rate Sheet.
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Quality Control
Maintaining certain quality standards fro DB groups operations.
Applying for ISO procedure.
Maintenance of various important quality audit files.
Co-ordinating an effective quality policy with various deprtments.
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CONTRACTS
A contract is an agreement entered into voluntarily by two parties or
more with the intention of creating a legal obligation, which may have
elements in writing. Contracts can be made orally.
A contract is a legally enforceable promise or undertaking that something
will or will not occur.
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Origin and scope
Contract law is based on the principle expressed in the latin phrasepacta
sunt servanda, which is usually translated "agreements must be kept" but
more literally means pactsmust be kept.
Contract law can be classified, as is habitual in civillaw systems, as part of
a general law of obligations, along with tort , unjust enrichment,
and restitution.
http://en.wikipedia.org/wiki/Civil_law_(legal_system)http://en.wikipedia.org/wiki/Civil_law_(legal_system) -
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Elements
At common law, the elements of a contract are offer, acceptance, intention
to create legal relations, and consideration.
Mutual assent
Offer and acceptance
Consideration
Sufficiency
Other jurisdictions
F i
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Formation
In addition to the elements of a contract:
a party must have capacity to contract;
the purpose of the contract must be lawful;
the form of the contract must be legal;
the parties must intend to create a legal relationship; and
the parties must consent.
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Elements Of Logistical Contracts
Reverse logistics stands for all operations related to the reuse of
products and materials.
It is "the process of planning, implementing, and controlling the
efficient, cost effective flow of raw materials, in-process inventory,
finished goods and related information from the point of
consumption to the point of origin for the purpose of recapturing
value or proper disposal.
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INDIAN CONTRACTS ACT 1872
Indian Contract Act 1872 is the main source of law
regulating contracts in Indian Law, as subsequently amended.
It determines the circumstances in which promise made by the
parties to a contract shall be legally binding on them.
All of us enter into a number of contracts everyday knowingly or
unknowingly.
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INDIAN CONTRACTS ACT 1872
Each contract creates some right and duties upon the contracting parties.
Indian contract deals with the enforcement of these rights and duties upon
the parties.
It applies to the whole of India except the state of Jammu and Kashmir. It
is not a complete and exhaustive law on all types of contracts.
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Essential Elements of a Valid Contract
According to Section 10, "All agreements are contracts, if they are made
by the free consent of the parties, competent to contract, for a lawful
consideration with a lawful object, and not hereby expressly to be void."
Essential Elements of a Valid Contract are:
1.Proper offer and proper acceptance
2.Lawful consideration
3.Competent to contract or capacity
T f t t
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Types of contracts
On the basis of validity
On the basis of formation
On the basis of performance
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International Contract Law
International contract law concerns the legal rules relating to cross border
agreements .
When parties from different countries enter into a contract they are
governed by the International contract law.
Unless they agree to abide by the laws of one of the countries.
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RECOMMENDATIONS
DB group should follow some rules and regulations taking into
consideration Indian Contracts Act 1872.
Stringent laws and procedures should be maintained in the agreement.
Legally binding contracts should be framed.
Core issues involved in the freight forwarding sector should be addressed.
Involvement of two competent parties is also another important
consideration.
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CONCLUSIONS
DB group has a very legal procedure into structure.
It gives more weight age to an written agreement.
It also gives more emphasis to the principle of indemnity.
In the agreement we also consider handling of goods as a very important
criterion.
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REFERENCES
DBGROUP.COM
WIKIPEDIA.COM
FIATA.ORG
IATA.ORG
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ANY QUERIES
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