winter project on contracts

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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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