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- ASSIGNMENT OF COPYRIGHT
ASSIGNMENT OF COPYRIGHT This Deed of Assignment is executed on this _________________________ day of ___________________________________. Betweens Sh. _______________________________, S/o Sh. ____________________________, R/o ____________ ________________________(hereinafter called "the assignor") which expression shall include his successors, executors and administrators of the one part And Sh. ________________________________, S/o Sh. _____________________________, R/o _____________________________________ (hereinafter called "the assignee") which expression shall his successors, executors and administrators of the other part. Whereas 1. The assignor being author of the book named ____. 2. The assignee has asked the assignor for assigning the copyrights of the said book to the assignee.3. The assignor consents to assign to the assignee the copyright of the said book for a consideration of Rs. ________. Now This Deed Witnesses as Follows: 1. according to aforesaid agreement and in consideration of Rs._______ (Rupees ________________ only) paid by the assignee to the assignor (the receipt of which the assignor hereby acknowledges) the assignor being completely beneficial owner of the copyright in the said book, hereby assigns, transfers and sells absolutely to the assignee the copyright of the above-stated, book written by the assignor. 2. The assignor also assigns and sells to assignee the right of also printing, publishing and bending any quantity of books in whole or in parts and in any kind that the assignee may wish. The assignor also allows to the assignee the right of translating or of any other use of the book, all the rights hereby allowed are subjective to enactments in section 53A of Copyright Act, 1957. 3. The assignor also agrees with the assignee that he being sole owner of copyright in concerned book and lacking any right, claim or interest of any form, whatever, or any other person per copyright of said book. In Witness Whereof, the parties to this deed have signed their signatures at New Delhi, on the day, month and year first noted above, in presence of : Assignor _____________ Assignee: ______________ Signed................... Date ................ Witnesses: 1. 2. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)
- A DEBT DUE FOR A CONSIDERATION
A DEBT DUE FOR A CONSIDERATION This Deed of Assignment is executed on this __________________ day of __________. Between Mr.____________________________, S/o____________________________________, address_____________________________________________________________________ (hereinafter called "the assignor") which expression shall include his successors, executors and administrators of the one part And Mr._____________________________________, S/o_________________________, R/o_________________________________________________________________________ (hereinafter called "the assignee") which expression shall include his successors, executors and administrators of the other part. Now This Deed Witnesseth As Follows: 1. In consideration in lieu of the sum of Rs.______________ (Rupees ________________________________________________ only) paid by the assignee to the assignor (the receipt of which the assignor hereby acknowledges) the assignor as beneficial owner hereby transfers to the assignee all that debt due and owing to the assignor by his customer Sh. __________, S/o Sh. ____________________________, address _____________________________________________. 2. The said debt, which was given by the assignor to his customer, has been acknowledged vide a bond dated_________________ executed favouring the assignor by the customer. 3. addition to the amount in the bond the assignor also transfers to the assignee all interest due and to become due from the bond to the assignor, completely. 4. The assignee as beneficial owner accepts the assignment so granted by the assignor. 5. The assignor hereby agrees with the consents that the said debt is still due and owing to the assignor from his customer. In Witness Whereof, the parties to this deed have appended their signatures at ………………………………………, on the day, month and year first noted above, in presence of: Assignor ___________ Assignee: ____________ Signed.................... Date ...................... Witnesses: 1. 2. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.15/-)
- ASSIGNMENT OF LIFE INSURANCE POLICY
ASSIGNMENT OF LIFE INSURANCE POLICY This Deed of Assignment is entered on this __________ day of ___________. Between Sh. _________________________________, S/o Sh. ______________________________, R/o __________________________________ (as named "the assignor") which expression shall include his successors, executors and administrators of the one part And Sh. __________________________________, S/o Sh. _______________________________, R/o __________________________________ (as named "the assignee") which expression shall include his successors , executors and administrators of the other part. Whereas 1. Life Insurance Corporation of India issued a policy of assurance by the dated the ____ day of ____ and numbered _____ subjective to yearly payment of premium of Rs. _______, the sum of Rs.___ is assured as paid on death of assignor. 2. The assignor has concerted with the assignee for bending him said policy amount to Rs. _________. Now This Deed Witnesses as Follows: 1. The assignor being beneficial owner also assigns to the assignee the aforesaid policy of assurance for a consideration of Rs._______ (Rupees ____________ only) paid by the assignee to the assignor, the assignor also acknowledges. The assignor also assigns to the assignee all moneys assured by or to become payable under or in lieu of the stated of policy, foe holding the same completely, subjective to the payment of all future premiums hereunder. 2. The assignor consents with the assignee that on date of this assignment the said policy is legal and enforceable. The assignor undertaking for not doing knowingly, any act, deed or thing whereby the said policy may become nullity or voidable or whereby the assignee is obstructed from getting assured the moneys or any bonus or addition thereto. In Witness Whereof, the parties to this deed have signed at New Delhi, on the day, month and year first noted above, in presence of : Assignor _____________ Assignee: _____________ Signed................. Date ............. Witnesses: 1. 2. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-)
- JOINT DEED BY THE NATURAL MOTHER AND ADOPTIVE FATHER
JOINT DEED BY THE NATURAL MOTHER AND ADOPTIVE FATHER THIS DEED of adoption made on this _______________ day of ______________ between Sh._________, s/o ____________________, r/o ________________ (hereinafter called "the adoptive father") of one part AND Smt. __________________ widow of Late Sh ______________ r/o _________________, (hereinafter called "the natural mother") of the other part. WHEREAS 1. The adoptive father has no issue, male or female, and having regard to his circumstances, he has no expectation of having any issue. 2. The adoptive father and his wife wish to adopt a child as their son/daughter. 3. The natural mother is a widow whose husband has died on______________ leaving three children, all sons. 4. The adoptive father, with the consent of his wife, has approached the natural mother for giving in adoption one of her son named _______________(name of the child). 5. The natural mother has consented to her said son being given in adoption. 6. The ceremony of giving and taking in adoption has been duly performed along with other religious ceremonies customary with the parties on the day of ____________. 7. The parties considered it expedient and necessary that a proper deed of adoption be executed as an authentic record of adoption. NOW THIS DEED WITNESSESETH AS FOLLOWS: 1. Declaration of Adoption The parties hereto do hereby declare that the adoptive father has duly adopted the said child as his son from the day of _________ i.e. the day on which ceremony of giving and taking in adoption has been duly performed along with other religious ceremonies customary with the parties. 2. Legal rights and liabilities of adopted son The said son has been transferred to the family of adoptive father and shall have, from the date of adoption, all the legal rights and liabilities of an adopted son. Further, the said son shall cease to be a member of the family of his natural birth. 3. Maintenance, etc. of adopted son The adoptive father shall be liable for the maintenance, education and other expenses of the adopted son and shall bear all such expenses in accordance with his status. IN WITNESS WHERE OF, the parties hereunto have signed this deed this ______________day of _________. WITNESS: 1. _____________________ THE ADOPTIVE FATHER 2. ____________________ THE NATURAL MOTHER Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- ASSIGNMENT OF BUSINESS AND ITS GOODWILL
ASSIGNMENT OF BUSINESS AND ITS GOODWILL THIS ASSIGNMENT etc. (as in Form No. 1). WHEREAS the Assignor has been carrying on the business of …………………………………………………………………. for some years past and has earned a goodwill and established a reputation and business connections with various other firms and persons and the assets and liabilities of the said business are as mentioned in the Schedule as annexed hereto; AND WHEREAS the Assignee has agreed to take the business of the Assignor as a running concern along with its goodwill, obligations and outstandings for a consideration of Rs_________ NOW THIS DEED OF ASSIGNMENT WITNESSES— 1. That in pursuance of the said agreement and in consideration of the sum of Rs ___________________ paid to the Assignor (the receipt of which sum the Assignor hereby acknowledges) the Assignor hereby assigns to the Assignee: (i) the goodwill of the business; (ii) all the rights, privileges, advantages and benefits arising out of all pending contracts and engagements; (iii) all debts and outstandings mentioned in the Schedule annexed and all other sums which are or may be found due to the Assignor in connection with the busines (iv) stock-in-trade. furniture, fixtures of the business; (v) trade mark in respect of __________________ TO HOLD the same absolutely. The Assignor has no right or interest of any kind left in the same. 2. The Assignee hereby covenants that he shall pay and discharge all debts, liabilities and outgoings of the said business up to this day and will at all times save the harmless and keep indemnified the Assignor and his estate and effects from and against all proceedings, costs, claims, expenses and liabilities whatsoever in respect thereof. 3. The Assignor hereby covenants and assures the Assignee that he shall assist the Assignee in claiming and realising the debts and outstandings of the business and in explaining any items in the account books so as to support any lawful claim in respect of the said debts and outstandings. IN WITNESS WHEREOF etc. etc. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.40/)
- ASSIGNMENT OF BALANCE HOUSE RENT
ASSIGNMENT OF BALANCE HOUSE RENT This Deed of Assignment is entered on this _________________ day of ______. Between Mr __________________________________ S/o Mr _______________________________, RESI __________________________________ (after named "the assignor") which expression shall be inclusive his successors, executors and administrators of the one part And Mr.____________________________________________________________, S/o Mr._________________________________________________________, RESI ______________________________________________________________________________ (after that named "the assignee") which including his successors, executors and administrators of the other part. Whereas 1. The assignor completely owner the house no._____________________________________________ situated at ___________________________________________________________________. 2. having entered between assignor and Mr. _________, S/o Mr. ___________, RESI _______________________________________________________________________________ (as named "the tenant") for __________ months on monthly rent of Rs.____________ payable on the 10th day of every month. 3. The tenant not paid rent of said house for ____ months beginning from ________ and ending on _____. 4. The assignor having demanded the said rent from the tenant repeatedly and written notice dated _____________The gross amount of rent payable by the tenant comes to Rs. _____________. 5. The assignee has contacted the assignor for buying the rights in recovering rent. Assignor being beneficial owner has consented in allowing same to the assignee. Now This Deed Witnesses as Follows: 1. In lieu of Rs.___________________ (Rupees ______________________________________________ only) paid by the assignee (whose receipt have being acknowledged by the assignor) the assignor also his right to recover Rs.______________ due as balance of rent from the said tenant. To the assignee who shall have rights in recovering the said balance of rent with interest and appropriate the same to his use. 2. The assignee be beneficial owner accepts the assignment so allowed by the assignor. 3. The assignor hereby agrees with the assignee that said balance of rent being due and owing to the assignor from his tenant. In Witness Whereof, the parties to this deed have set and scribed their hands at Coimbatore, on the day, month and year first noted above, in presence of: Assignor ____________ Assignee: _____________ Signed................. Date .............. Witnesses: 1. 2. Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-)
- ASSIGNMENT OF COPYRIGHT (ROYALTY)
ASSIGNMENT OF COPYRIGHT (ROYALTY) This instrument made this ____________________________ day of ………./….…../………….... between _______________________________________________________________________________ of the first part (hereinafter called ‘‘the Author’’): And M/S ______________________________________________________________________________ carrying on the business of publishers principally at _____________________________________________ of the other part (hereinafter called ‘‘the Publishers’’): Witnesses as follows: 1. That in consideration of and subject to the covenants of the Publishers hereinafter following, the Author does hereby convey to the Publishers by way of assignment all that copyright as defined in Section 14 of the Copyright Act, 1957, in the work entitled _________ on the subject of _________ to hold the same to the Publishers as absolute owners thereof for the full term of copyright prescribed by law: Provided that the Publishers will print and publish the work as soon as practicable, and should the work remain out of print for a period of six months or more at any time within ten years from the date of this contract, the Author may, by a notice in writing, call upon the Publishers to print and publish the work within twelve months of the receipt of the said notice; and if the Publishers shall fail or neglect to print and publish the work within the twelve months’ period, save and except insofar as they are prevented from doing so by circumstances beyond their control, the Author shall be at liberty to rescind the contract as if on a failure of consideration, and on the giving of a notice of such rescission of the contract by the Author the copyright shall revert to the Author and all the rights of the Publishers under their control shall as from the date of such rescission absolutely cease and determine. 2. That the Publishers shall pay to the Author or his nominee or nominees a royalty of _________ per cent on the nominal selling price of the copies of the work or adaptations or translations thereof that may be actually published and sold every year by the Publishers and as disclosed in the statement of account referred to in Clause 4 below. No royalty shall be payable on any copies of work that may be damaged or destroyed or disposed of otherwise than by sale. 3. That the Publishers shall pay to the Author half the net profits earned by them, if any, from any transfer or assignment of any of the rights comprising the copyright or from grant of any interest or license therein: Provided that the Publishers shall not be entitled to and shall not do or cause anything to be done in derogation of the Author’s other rights, particularly the right to royalty, reserved by or under this instrument. 4. That so long as the said work or any adaptation or translation thereof is published and sold by the Publishers under this instrument, they will submit to the Author during the month of January, or latest by June, every year, a statement of account showing the number of copies printed, held in stock and sold, or disposed of otherwise than by sale or damaged or destroyed and of the profits, if any, earned by them under Clause 2 above, during the preceding year. 5. That the Author does hereby agree to revise the work and bring it up to date, or otherwise modify, alter, adapt or translate it or get it translated whenever required to do so by the Publishers: Provided that the Publishers will not normally require the Author to do so oftener than once in two years; and Provided further that in case the Author shall neglect, refuse or omit to revise, modify, alter or translate the work or get it translated when required by the Publishers, they shall be at liberty to get the same done by any person or persons of their choice and deduct the cost from the amounts that may be then due or may thereafter become due to the Author. However, in choosing a person to revise, modify, alter, adapt or translate the work and in fixing the remuneration to be paid therefor, the Author’s wishes, if any, shall so far as possible, be respected by the Publishers. 6. That ______ the manuscript of the said work has been delivered to the Publishers/or/shall be delivered by the Author to the Publishers within a period of _________ months from the date of this instrument. 7. That the Author does hereby declare and guarantee that the work in which the copyright is being assigned by this instrument is the original work of the Author and does not in any manner whatsoever violate or infringe any existing copyright or any other right of any other person; and that it does not contain anything which may be obscene, libellous, scandalous or defamatory and the Author hereby agrees to keep the Publishers indemnified and harmless against all demands, claims, suits and proceedings whatsoever, that may be made, instituted or taken and against all damages, expenses and costs which they may suffer, on account of the printing, publication or sale of the said work or any part thereof, by reason of such printing, publication and sale being an infringement of some other person’s copyright or other rights in the work or by reason of its containing anything which may be obscene, libelous, scandalous or defamatory. 8. That in case of dispute or difference arising between the parties touching the interpretation, breach of fulfillment of this instrument or any clause or condition thereof, the same shall be referred to the arbitration and award of two arbitrators, one to be nominated by each party; and in case of difference of opinion between the two arbitrators, to an umpire to be nominated by the arbitrators before entering upon the reference; and the award of such arbitrators or umpire, as the case may be, shall be final and binding between the parties: Provided always that anything done or to be done or omitted to be done under this instrument, shall be deemed to have been done or omitted at _________ and the courts at _________ only and no other courts shall have jurisdiction to adjudicate upon any dispute or action or proceeding arising from this instrument. 9. That the words ‘‘Author’’ and ‘‘Publishers’’, ‘‘party’’ or ‘‘parties’’ shall, unless there be something contrary in the context, include their respective, heirs, survivors, successors, representatives, executors, administrators and assigns. In witness whereof the parties hereto have executed the instrument on the date first hereinbefore mentioned. Witnesses: 1. Author. ___________ 2. Publishers. ________ Sd. BB Download Word Document In English. (Rs.40/-)
- DECLARATION BY THE GUARDIAN
DECLARATION BY THE GUARDIAN KNOW ALL MEN BY THESE PRESENTS that I, ___________, son of Sh.________________, r/o ____________________ hereby declare that I being guardian _______________ of ________________ (name of the child) and having obtained the permission of court dated _____________ have given my ward in adoption to Sh._______________, s/o Sh.__________________ r/o_________________ for which the ceremony of giving and taking have taken place on _____________ . From the date of adoption, he shall be the adopted son of Sh.________. ____________. (GUARDIAN) Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)
- GENERAL ASSIGNMENT WITH ACCEPTANCE (BY ENDORSEMENT)
GENERAL ASSIGNMENT WITH ACCEPTANCE (BY ENDORSEMENT) KNOW ALL MEN BY THESE PRESENTS that, I, AA., aged about _________ years, Son of ___________________________, Resident of ______________________, in consideration of Rupees _________ . (Rs _________________________________________) only, receipt whereof I do hereby acknowledge, assign and transfer to Shri B.C., aged about _________ years, Son of ___________________________, Resident of ______________________, all my rights, title and interest in and to the within and foregoing agreement, subject to all the terms and conditions thereof and do hereby demise, release and relinquish unto the said B.C. all my rights, title and interest in and to the property within described and agreed to be assigned. Dated, signed and executed at _________.this the _________ day of _________ in the year _________ Witness: Assignor. I, B.C., the above-named do hereby accept the foregoing assignment subject to all the terms and conditions thereof. Witness: Assignee. Note.— This instrument falls under Article 23 or 62 of Schedule I of the Indian Stamp Act, 1899, depending on the property assigned. Download Word Document In English. (Rs.15/-)
- Appointment of a Distributor for Consumer Products
Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.60/-) Download PDF Document In Marathi. (Rs.60/) Appointment of a Distributor for Consumer Products THIS AGREEMENT is made at __________ on the _______ day of _____________ 200___ BETWEEN MESSRS RISHIT FOODS AND ICE CREAMS PRIVATE LIMITED, a Company incorporated under the Companies Act, 1956 having its registered office at _______________ ______________________________, hereinafter referred to as “THE COMPANY” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include its’ successors and assigns) of the ONE PART; AND _____________________, hereinafter referred to as “THE DISTRIBUTOR” (which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his/their heirs, executors and administrators) OF THE OTHER PART; W H E R E A S: (a) The Company is the exclusive Marketing Agent for India of “BOOGIE WOOGIE ICE CREAMS” and other milk and dairy products (herein referred as the “said goods” ) and is duly authorized to appoint within the said territory of India distributors for all products manufactured under the above brand/trade name/mark. (b) The Distributor is desirous of being appointed as the Distributor for the said goods in the territory of _________________ (herein referred as the “said territory” ) on the terms and conditions appearing hereinafter. NOW THIS DEED WITNESSETH AS BELOW: 1. The Distributor is hereby appointed as the distributor of the Company for the said territory of ___________ for sale of the said goods on the terms and subject to the conditions set out below. 2. For the due performance of this agreement, the Distributor shall deposit an interest free security deposit of Rs. _____________/- (Rupees _____________________________ only) with the Company. The Company shall be at full liberty to increase the amount of the said security deposit any time hereafter and the said increased deposit shall accordingly be deposited by the Distributor with the Company, without raising any objection, within a period of one month from the date of the Company making the demand for the same. On determination of this agreement, as hereinafter provided, the Company shall refund the said deposit to the distributor without interest after deduction of the amounts payable, if any, by the Distributor to the Company under these presents. 3. The Company shall supply the said goods to the Distributor on the basis of cash payment against the delivery . The Company will accept the cash/local cheques/demand drafts/pay orders/bankers’ cheques towards the payment of its bills. No outstation cheques will be accepted. 4. The Company shall raise its bills/Invoices on the Distributor at the rates from time to time set and/or fixed by the Company as the dealer’s price. The invoices will allow discount of _______% on the dealer’s price. In addition to the said rates, the Distributor shall be liable to separately pay octroi duty, entry taxes and any other cess including service tax, central and state sales tax as applicable and leviable on the goods delivered to them. 5. The Company will effect delivery of the said goods to the cold storage of the Distributor. Thereafter, it shall be the sole responsibility of the Distributor to preserve and keep the said goods in good condition and the Company will not be responsible for deterioration of the goods stored by the Distributor. The Distributor shall be required to manage, at his own cost, and with his own labour and transportation arrangements the distribution and marketing of the said goods to the dealers/retailers within the said territory. 6. The distributor shall, at the time of delivery, receive the goods after due inspection. If at any time, it is observed that the said goods or part thereof are in damaged condition, in that case the Distributor is required to immediately, at the time of receipt itself, inform the company about the same by endorsing specific details of such damaged condition on the Company’s copy of the sale bill/invoice/Delivery Challan. Any subsequent claim or complaint by the Distributor in that behalf will not be entertained by the Company. Goods once delivered in good condition cannot be returned to the Company. 7. The Company shall, for better preservation of the said goods, supply its Deep Freezers worth Rs. ______________/- (Rupees ____________________ only) to the Distributor on the following terms:— (a) The Ownership of the Deep Freezers shall always be that of the Company and at no time the Distributor shall be entitled to claim any right, title, interest or lien on the same. (b) The Distributor shall deposit with the Company 50% of the aforesaid amount of Rs. _______________/- (Rupees ___________________________ only) being the additional security deposit free of any interest. This deposit is in addition to the security deposit referred in Clause 2 above. (c) The Deep Freezers will be supplied to the Distributor on hire basis. The Distributor shall be required to pay initially nominal hire charges at the rate of Rs. __________/- per month per Deep Freezer. The Company has full liberty to review the said hire charges anytime hereafter without any notice to the Distributor. The Distributor shall not be entitled to raise any objection to such increase. The hire charges shall be payable irrespective of the fact whether the said Deep Freezers are actually used or not or for any other reason whatever. The Distributor shall, take all reasonable care to keep the said Deep Freezers in good condition and in working order. (d) The Distributor shall pay the aforesaid hire charges in advance on or before 5th day of every month. The Distributor shall issue twelve cheques in advance for 12 months’ hire charges and on expiry of the said period shall from time to time issue further fresh cheques in advance for every subsequent 12 months. The Distributor assures to honour the said cheques at the first presentation. (e) The Distributor may, with the prior approval of the Company in writing, keep the said Deep Freezers at the place of his dealers at his risk subject to terms and conditions hereof. The Distributor shall expressly clarify to the dealer that the said Deep Freezers are the absolute property of the Company. In any event it shall be the sole obligation and responsibility of the Distributor to pay the hire charges and for safe return of the said Deep Freezers to the Company on determination of the present agreement. (f) The Company shall carry out major repairs of the said Deep Freezers. At the end of every month the Distributor shall in addition to the hire charges also pay a sum of Rs. __________/- per Deep Freezer to the Company towards maintenance and service expenses. However, the Company shall not be responsible for any repairs required due to any act of negligence of the Distributor or his staff or of the Distributor’s dealer and the Company’s decision in that behalf shall be final. The Company’s liability for repairs and maintenance of the said Deep Freezers in no case shall exceed Rs. _____________/- per annum. Any additional maintenance/repairs required shall be for and on account of the Distributor. (g) The Distributor shall not be entitled to withhold the payment of hire and/or maintenance charges on the ground that the said Deep Freezers were under repairs or not being used or on any other ground. (h) The Distributor and/or his dealers shall, in the said Deep Freezers, store goods only of the Company and shall not store therein goods of any other party. (i) The Company shall not be held responsible or liable if stocks deteriorate due to failure of mechanism of Deep Freezers for any reason whatever including power failure. The Distributor at his cost and expense shall take out necessary insurance for the stocks. (j) If the Distributor shall collect any deposit in respect of the said Deep Freezers from the dealers in excess of the deposit paid to the Company, in that case the Distributor shall remit such excess deposit to the Company. The Distributor shall submit a six monthly statement relating to the said Deep Freezers disclosing information as to the dealers with whom they are kept and the amounts of deposits received from them. (k) The said Deep Freezers being absolute and exclusive property of the Company, the Distributor and/or his dealers shall not be entitled to create any kind of third party rights on the same. (l) The Company has unilateral right to remove its Deep Freezers from the place of Distributor and/or from the place of his dealers and/or from any other place where the said Deep Freezers are kept for reasons deemed fit by the Company including non payment of any dues by the company and/or storage of the goods therein of other party and/or for breach of any of the terms of this Agreement by the Distributor. 8. The Distributor shall pay a Franchise Fee of Rs. ________/- per each parlour and Rs. ______________/- per outlet to the Company. 9. The Company shall advertise its products through different medias as may be thought fit by the Company in its sole discretion. The Distributor shall have no right to make any complaint in that behalf. 10. The Company shall Endeavour its utmost to deliver the said goods of best quality. However, on and from the point of its actual physical delivery, it shall be the sole obligation and responsibility of the Distributor to take all measures and precautions to preserve the quality and condition of the said goods until its consumption. The said goods being for human consumption, as mentioned in Clause 6 hereinabove, the Distributor shall be entitled to make any complaint in respect thereof, only at the time of its delivery and thereafter it shall be the sole responsibility of the Distributor. The Distributor agrees to keep indemnified and hereby indemnifies the Company against all claims, actions and demands in respect of the use of the said goods caused by the negligence of the Distributor in not properly preserving the said goods or for its timely consumption. 11. The Distributor shall:— (a) purchase the said goods directly from the Company only and shall not purchase any goods of the same or similar type or Goods competing with the Company’s goods from any other source. (b) sell the goods in the same condition and packing as they are received by him and not deface or alter the goods or their packaging or remove or modify any labels, instructions, trade marks or indentifying signs applied to or furnished in connection with the said goods or affix to the said goods or its packaging any labels or signs not previously approved in writing by the Company. (c) shall fulfill the standards from time to time indicated by the Company for presentation of goods, setting up of infrastructure and/or for any other purposes. (d) use his best endeavors to promote and extend the sale of the said Goods throughout the said territory and in particular to achieve the sales target of the Company. (e) in all matters act loyally and faithfully to the Company and obey its orders and instructions and in any matter where it is not possible to obtain such orders or instructions in relation to any particular matter, act in prudent manner as he reasonably considers to be most beneficial to the Company’s interest. (f) not engage or be interested either directly or indirectly as principal, agent, partner, director or employee in the production, sale or advertisement of goods of any description or kind similar to or competitive with the said goods without obtaining the previous consent in writing of the Company. (g) disclose to the Company immediately particulars of all selling agencies in which the Distributor is engaged or interested either directly or indirectly as principal, agent, partner, director or employee and from time to time disclose promptly to the Company particulars of all further similar agreements in which the Distributor so becomes engaged or interested. (h) act only within the territory assigned and shall not take orders for the sale to any person of the said goods which he knows or has reason to believe are intended for resale outside the said territory. (i) not advertise the goods except by means of materials supplied or approved by the Company. (j) not offer the said goods for sale at price except at the price time to time fixed by the Company. (k) not, in selling the Goods, make any representations or give any warranties except those contained in the Company’s conditions of sale. (l) keep full and proper books of account and records showing clearly all visits, inquiries, transactions and proceedings relating to the distribution and to keep those books and records separate from those relating to matters not relating to the distributorship and allow the authorized officers of the Company at all reasonable times to have access to and to inspect his books and records relating to the Distribution and on demand to supply copies thereof to the Company. (m) supply such reports, returns and other information as the Company from time to time requests including sales, forecasts and information with regard to products competing with or likely to compete with the said goods in the said Territory. (n) take part in meetings with representatives of the Company for better marketing propaganda of the said goods at such times and places as may be required by the Company. (o) bring promptly to the notice of the Company any information received by him which is likely to be of use or benefit to the Company in relation to the marketing of the said goods. (p) not incur any liability on behalf of the Company or in any way pledge or purport to pledge the Company’s credit or accept any orders or make any contract binding on the Company without the Company first approving its terms in writing. (q) defray all expenses of and incidental to the distributorship. (r) not at any time, whether during or after the term of this agreement, divulge or use any unpublished technical information derived from the company or any other information in relation to the Company’s affairs or business or method of carrying on business. (s) not to sell the said goods under any trade mark or name other than as specified by the Company. (t) not to directly or indirectly either as principal, agent, partner, director or employee, during the period of one year after the determination of this agreement for any reason whatsoever, solicit business, for goods which are or are likely to be competitive with the said goods, from Customers of the Company with whom Distributor has dealt as Distributor for the Company during the period of this Agreement. (u) not in any way at all during or after the termination of the Agreement make any use of or claim any right in any name, logo, trade mark, pattern or design owned by the Company or any name logo, trade mark, pattern, or design resembling to the same. (v) immediately bring any improper or wrongful user of the Company’s patents, trade marks, emblems, designs, models or other similar industrial or commercial monopoly rights which come to his notice, to the attention of the Company and in and about the execution of his/their/its duties use every effort to safeguard such rights and interest of the Company and assist the Company, at the request and cost of the Company, in taking all steps to defend the rights of the Company. (w) not make directly or indirectly any profit or benefit from the sale of the said goods other than the requisite commission/discount. (x) not transfer his rights and benefits under this agreement to any other party without the specific written consent of the Company. 12. Notwithstanding anything to the contrary contained in this Agreement the Company reserves to itself the following rights :— (a) to continue to quote for or supply of the said goods to any buyer in the said Territory who directly approaches the Company or to any buyer outside the said Territory for delivery of the said goods within the said territory. (b) to decline at its absolute discretion without giving any reason therefor, to execute any order or to submit any quotation or tender on any enquiry transmitted to it by the Distributor. (c) to vary the price of the said goods and to vary its conditions of sale in each case without any prior notice. (d) to make changes in the design, production or finish of the said goods and its packing. (e) to specify from time to time sales target by the Distributor for the said goods or for particular type of goods within the said territory. (f) if in the reasonable opinion of the Company the Distributor is not at any time producing adequate sales coverage throughout the said territory and without prejudice to any other of its rights under this Agreement, either to vary the extent of the said territory so as to exclude from this Agreement such part or parts of the said territory as it reasonably thinks fit. (g) in the event of its business or any part of it being transferred to any other Company, to assign its right and obligations under this Agreement to that other Company. 13. The relation between the Company and the Distributor will be that of principal to principal and not as principal and agent and the company will not, therefore, be responsible or liable for the acts of the Distributor or for any amount due and payable by the Distributor to any other party. 14. Either party shall have right to terminate this agreement by giving a written notice of ninety days. 15. Without prejudice to any other remedies the Company may have against the Distributor, the Company shall have the right, at any time by giving notice in writing to the Distributor to suspend the performance of or terminate all or any of its obligations and the Distributor’s rights under this Agreement with the immediate effect, in any of the following events:— (a) If the Distributor commits a breach of any of the terms of this Agreement; (b) If the Distributor dies, becomes bankrupt or insolvent, compounds with his creditors or takes, suffers any similar action in consequence of debt or goes into liquidation voluntary or compulsory; (c) If from any cause the Distributor is prevented from performing his duties under this Agreement for a continuous period of two months or for a total of three months in any period of six calendar months; (d) If the Distributor is guilty of any conduct which in the reasonable opinion of the Company is prejudicial to the Company’s interest; (e) If the Distributor purports to assign the burden or benefits or charge the benefits of this Agreement to any third party without obtaining prior written consent of the Company; (f) If there is any material change in the identity of the management, executives, directors, shareholders or partners of the Distributor; (g) If there is any material change in the constitution, capital or premises of the Distributor. The Company’s decision of the aforesaid termination shall be final and binding on the Distributor. 16. Upon the termination of this agreement in any of the aforesaid manner:— (a) The Distributor, at his own cost and expense, shall return, all the Deep Freezers together with all the other properties of the Company which are in possession of the Distributor or in possession of any dealers to the Company in good condition and without claiming any right, title, interest, lien or claim of whatsoever nature, at the place intimated by the Company. (b) On return of the aforesaid items to the Company by the Distributor, the company shall settle all its claim and accounts with the Distributor and after settling such claims and accounts if any amount is payable to the Distributor, the company shall pay the same. If it is found that the amount is payable by the Distributor to the Company, the Distributor shall pay the same to the Company. (c) The Distributor shall have no right to any compensation for goodwill, customer expenses or any other payment of any nature against the company save and except for what is provided herein. 17. The waiver by the Company of any breach of any terms of this Agreement by the Distributor shall not preclude the company from enforcing any subsequent breach of that term or of any other term and shall not be deemed as a waiver of any similar subsequent breach also. 18. All previous agreements and arrangements if any relating to the sale of the said goods made between the Company and the Distributor are superceded by this Agreement. 19. No variation or amendment of this Agreement or oral promise or commitment related to it shall be valid until and unless committed to in writing by the Company. 20. For any suit or legal proceedings arising out of this agreement the courts at ___________ alone will have jurisdiction to entertain and try the same. IN WITNESS WHEREOF the parties have executed these presents on the day and the year first hereinabove written. THE COMMON SEAL OF the ) M/S. RISHIT FOODS AND ) ICE CREAMS PRIVATE LIMITED, ) the COMPANY above named ) is hereunto affixed pursuant to the ) Resolution of its Board of Directors ) made in that behalf, on the ______ ) day of ___________ 200___ ) in the presence of (1)______________, ) Managing Director and ) (2) __________________, Director ) and in the presence of:- ) SIGNED AND DELIVERED ) By ______________________ the Distributor ) Above named in the presence of …….. )
- ACKNOWLEDGMENT BY ADVOCATE
ACKNOWLEDGMENT BY ADVOCATE Registered A/D Ref. No. ________ Dated: ________________ From: To, Sh.______________ ________________ ________________ Sub.: ____________ Dear Madam/Sir, Kindly refer to your letter No. _________________________________________________ dated ___________ issued on behalf of your client Sh. ________________, S/o Sh. ______________, R/o ________________. That I have been duly authorised by my client Sh. __________________________________________________, S/o Sh. _______________________________________________, R/o___________________________________________________ to act as his Advocate in this matter and forward this acknowledgement to you. That on behalf of my client Sh.____________________________________________ I hereby acknowledge the liability of Rs. ________________, which my client owes to you and which my client shall repay you at a date convenient to him. Yours faithfully, ______________ _______ Advocate Address ______________ _______ ______________ _______ Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)
- PETITION FOR APPOINTMENT OF A SOLE ARBITRATOR
PETITION FOR APPOINTMENT OF A SOLE ARBITRATOR Before the High Court at ……………….………………………. Civil Jurisdiction In the matter of: An application under section 11 of the said Act In the matter of: An Arbitration Agreement bearing in the Contract No…………………………………..dated .................. And In the matter of: ………………………………………………………………………………………….Petitioner Versus ……………………………………………………………………………..Respondent To The Hon’ble Mr........ Chief Justice and His Companion Justices of the said Hon'ble Court The petitioner named above most respectfully Showeth: 1. Petitioner is engaged in building trade, having a good reputation. 2. By and under a agreement dated ........................... entered into with the respondent petitioner consented to construct and build specified, apartments for and on behalf of the respondent. The terms / conditions along with specifications will appear from the said agreement. Petitioner under took the work of building per terms of agreement and offered to handover possession of the completed work to the respondent. 3. The respondent on some pretext or the other did not take delivery of the apartments built by petitioner, and to pay the final bills of petitioner duly presented to the respondent. 4. The said agreement bearing a clause concerning that all controversies and disagreements shall be referred to an Arbitrator to be selected by the parties. 5. The controversies and disagreements have emerged between parties on or about No………………, petitioner requested the respondent to approve the selection of a sole Arbitrator and petitioner selected Mr. ……………………….……… an Advocate……………………………. A copy of notice in this behalf sent to respondent is annexed hereto marked 'B'. 6. The respondent is doing business at the address given above within the said jurisdiction of this Hon'ble Court and the controversies emerged as the respondent did not give approval for selecting sole Arbitrator at the address of respondent within the jurisdiction of this Hon'ble Court. 7. Petitioner says that this Hon'ble Court will be pleased to select a sole Arbitrator as laid in the Arbitration agreement dated ..............................a certified copy whereof is annexed hereto marked 'C'. ' 8. Unless Orders are passed as prayed for herein, petitioner would sustain loss with prejudice. 9. This application is made bona fide with interest of justice. Petitioner, hence humbly prays to Your Lordships for orders as below: (a) A fit person be selected as sole Arbitrator for arbitrating the controversies emerging from the said agreement and make his Award; (b) Costs of this application become costs in the arbitration proceedings; (c) Subsequent orders be passed and instruction be given as to this Hon'ble Court may consider proper and fit for giving complete relief to petitioner. And your petitioner as in duty bound shall ever pray. Signature…………………………………………………………………. of the Advocate of the petitioner Signature ………………………………………………………….……….of the petitioner VERIFICATION < (1) I being Director of Coimbatore construction and Principal Officer and Constituted Attorney. I know and I have acquainted myself with the facts/circumstances of this case and I can depose thereto. I am empowered and competent to verify the above stated petition and I do verify the same on behalf of the petitioner. (2) The statements covering in the paragraphs 1 to 9 herein are true to my best knowledge basing on information got from records kept by petitioner and I believe them to be true. Solemnly affirmed by the said Mr. ........................pertaining to Board Resolution dated ............ of the …………………… construction. in the Court House at ……………………………./…………./……….. Deponent Download Word Document In English. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)






