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AGREEMENT FOR HIRE-PURCHASE OF A MOTOR VEHICLE THIS AGREEMENT  made at………….this………….day of………….between A son of B resident of ………….(hereinafter called "the owners") of the ONE PART and C son of D resident of .......................... (hereinafter called "the hirer") of the OTHER PART.   WHEREAS   (1) The owner is the owner of a motor vehicle, more particularly described in the Schedule hereto and the hirer has approached the owner to let the said vehicle on hire to him, to which the owner has agreed and has assured the hirer that he shall have and enjoy quiet possession of the said vehicle.   (2) The owner has further assured the hirer that he shall have the right to sell the said vehicle at the time the property is to pass and the said vehicle is free from any charge or encumbrances in favour of any third party at the time when the property is to pass.     (3) The hirer has inspected the said vehicle and is satisfied about the same and considers it fit for the purposes for which he requires the same.   NOW IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:   (1) The owner will let and the hirer will take on hire the vehicle more particularly described in the Schedule hereto.   (2) The owner has delivered the said vehicle to the hirer and has allowed the hirer to use the said vehicle in the usual manner.    (3) In consideration of the delivery of the said vehicle to the hirer the latter has paid in advance a sum of Rs ………….as first instalment on hire (the receipt whereof the owner hereby acknowledges) and will punctually pay to the owner at his place the sum of Rs…………. every calendar month by way of rent for the hire of the said vehicle, the first payment to be made on the day of………….and each subsequent payment on the………….day of every succeeding month.   (4) During the continuance of hiring, the hirer shall    (i) Not sell, assign, pledge, mortgage, underlet, lend or part with the possession of the said vehicle and not allow the said vehicle to be used by anybody else or kept or detained or run for the use of any other person.   (ii) Not take the said vehicle out of the city of………….unless he has obtained a permission in writing from the owner in that behalf and if the owner grants permission subject to certain terms and conditions, the hirer shall abide by all the terms and conditions imposed in respect of such permission.   (iii) Pay all licence duties, fees, registration and other charges payable in respect of the said vehicle and keep the said vehicle in a good repair condition and working order and will permit the owner and persons authorised by him to have access to the said vehicle for the purpose of inspecting the condition thereof. In case the hirer fails or neglects to cause the said vehicle to be repaired or kept in a proper state of repair, the owner shall be entitled but shall not be bound to do so, to seize or cause the said vehicle to be seized and to get the same repaired and to keep the said vehicle in his custody till the hirer pays the bills for repair of the said vehicle.   (iv) Keep the said vehicle insured and kept insured so long as the hiring shall continue in the joint names of the owner and the hirer against all risks and the hirer shall pay all the premiums payable to the insurance company. On the hirer becoming the owner of the said vehicle under the terms of this agreement, the owner will transfer to the hirer the benefit of any insurance policy then current relating to the said vehicle.   (v) Make good to the owner all damages to the said vehicle (fair wear and tear excepted) and pay the owner the full value of the said vehicle in the event of its total loss   (vi) Indemnify the owner against claims by third parties arising by accident caused by the said vehicle until the said vehicle is returned to the owner or purchased by the hirer in terms of this agreement.    (vii) Not use or permit or suffer the said vehicle to be used in contravention of any law for the time being in force.   (4) If the hirer shall duly observe and perform all the conditions herein contained and on his part to be observed and performed and shall pay to the owner the sum specified in clause 3 hereof, together with all other sums if any payable by him to the owner under the provisions of this Agreement, then the hiring shall come to an end and the said vehicle shall become the property of the hirer and the owner will assign and make over all his rights and interest in the same to the hirer, but the hirer shall have the option of purchasing the said vehicle at any time during the period of hiring by paying in one lump sum the balance of all the hire hereinbefore mentioned and other expenses incurred by the owner. Until all such payments as aforesaid have been made, the said vehicle shall remain the property of the owner.    (5) The hirer may at any time terminate the hiring by returning the said vehicle at his own cost and risk to the owner at his place of address for the time being.   (6) If the hirer shall make default in payment of any monthly sum payable hereunder for………… days after the same have become due or shall fail to observe or perform any of the terms and conditions of this agreement, the owner may without prejudice to his claim for arrears of hire or damages (if any) for breach of this agreement forthwith terminate the hiring without notice and retake physical possession of the said vehicle himself or through his agents or servants and the hirer shall not object to the retaking of possession of the said vehicle by the owner or his agents or servants and/or by written notice to the hirer determine this agreement and the hiring hereby constituted. On such termination the hirer shall immediately return the said vehicle to the owner at his place of address for the time being and the hirer shall pay the owner a sum of Rs………every month until the said vehicle is returned to the owner.     (7) No neglect, delay or indulgence on the part of the owner in enforcing any terms or conditions of this agreement shall prejudice the rights of the owner hereunder.    (8) The agreement is personal to the hirer and the rights of the hirer shall not be assignable or chargeable by him in favour of third party.   (9) In the event of the hiring being determined by the hirer or by the owner under clause 6 hereof, the hirer shall forthwith return the said vehicle to the owner at the hirer's expense. The determination of the hiring as aforesaid shall not affect or prejudice any claim the owner may have against the hirer for arrears of hire payments or for damages for breach of this agreement or his right to enforce such claim by action or otherwise.   (10) The owner has permitted the hirer to have the said vehicle registered in his own name in terms of the provisions of Motor Vehicles Act, 1988 and the rules framed thereunder provided that the hirer shall transfer such registration in favour of the owner when he returns the said vehicle to the owner under the terms of this agreement.   (11) The agreement shall determine if the hirer commits any act of bankruptcy or makes any arrangement with his creditors or on presentation of a petition in the court for adjudicating the hirer as an insolvent or on the appointment of a receiver of the properties of the hirer or if an application is made by any creditor or other person against the hirer for the attachment of the said vehicle.   (12) All disputes, differences and/or claims, arising out of this agreement shall be settled by arbitration in accordance with the provisions of Indian Arbitration Act, 1940 or any statutory modification thereof and shall be referred to the sole arbitration of Shri....................or in case of his death, refusal, neglect, incapability to act as an arbitrator to the sole arbitration of Shri………….the award given by the arbitrator shall be final and binding on the parties.   (13) The parties hereby admit that this agreement has been fully explained to them and they have understood the meaning of all the clauses of this agreement and they have signed this agreement with full understanding of the obligations herein.   IN WITNESS WHEREOF , the parties have hereunto set and subscribed their hands on the date and year above mentioned.   WITNESSES 1 Signed and delivered by the within named owner 2. Signed and delivered by the within named hirer Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.30/-)

HIRE-PURCHASE AGREEMENTS Download Word Document In English. (Rs.50/-) Download PDF Document In Hindi. (Rs.50/-) (I). Preliminary.- Hire-purchase agreements have acquired special importance in the developing economy of the country. What does hire-purchase agreement connote? By a contract of hire-purchase is meant a contract which in addition to terms of hire, provides that on payment of the rent for a certain period, or for a certain number of times, or on the payment of a certain sum after such payment of rent, or at some time during the hiring, the property in the goods hired shall (or may) pass from the owner to the hirer. [ Priers Law of Hire and Hire-Purchase 2nd Ed., p.2]. In effect hire-purchase agreement is a contract of bailment and is governed by the provisions of Chapter IX of the India Contract Act, 1872. This agreement is with an option to purchase though it is sometimes used in a wider sense to include agreements where there is an irrevocable agreement to buy in installments are paid. A hire-purchase agreement thus creates a bailment, but is a bailment plus an option to purchase. The transaction is composed of the element of both the law of hire and sale, it would be clearly wrong to assimilate it to a hypothecation of moveable property .[V. Dakshinamurthi Mudaliar v. General & Credit Corporation (India) Ltd., AIR 1960 Mad. 328, 330]. The transaction partakes of a contract or bailment with an element of sale added to it. In such an agreement, the owner of the goods lest them on hire for periodic payments by the hirer upon an agreement that when a certain number of payments by the hirer upon an agreement that when a certain number of payments have been completed, the absolute property in the goods will pass to the hirer, but so that the hirer may return the goods at any time without any obligation to pay any balance of rent accruing after return; until the conditions have been fulfilled, the property remains with the owner. In this agreement the hirer is not bound to purchase the thing hired, he has an option, he may or may not purchase. But in either case, if there an obligation to buy, or an option to buy, the goods delivered to the hirer by the owners on the terms that the hirer on payment of a premium as also of a number of installments shall enjoy the use of the goods, which ultimately may become his property, the transaction amounts to one of hire-purchaser, even though the title to the goods has remained with the owner and shall not pass to the hirer until certain event has happened, namely that all the stipulated installments have been paid, or that the hirer has exercised his option to finalize the purchase on payment of a sum nominal or otherwise. [Installment Supply (P) Ltd. v. Union of India, AIR 1962 SC 53, 58: Sundaram Finance Ltd. v. State of Kerala, AIR 1966 SC 1178]. (ii) Hire-Purchase agreement not sale.-It has to be remembered that a hire-purchase agreement is not a sale even if it contains a stipulation in the form of option of the hirer to purchase the article hired. Even where the price for sale is to be pain in installments later, the property in the goods passes as soon as the sale is made. This follows from the definition of sale in section 4 of the Sale of Goods Act, 1930 (as distinguished from an agreement to sell) which requires that the seller transfers the property in the goods to the buyer for price. The essence of sale is that the property is transferred from the seller to the buyers for a price whether paid at once or paid later in installments. On the other hand , a hire-purchase agreement as its very name implies, has two aspects. There is first an aspect of bailment of the goods subjected to the hire-purchase agreement, and there is next an element of sale which fructifies when the option to purchase, which is usually a term of hire-purchase agreements, is exercised by the intending purchaser. Thus the intending purchaser is known as the hirer so long as the option to purchase is not exercised, and the essence of the hire-purchase agreement properly so called is that the property in the goods does not pass at the time of the agreement but remains in the intending seller, and only passes later when the option is exercised by the intending purchaser. The distinguished feature of a typical hire-purchase agreement is made but only passes when the option is finally exercised after complying with all the terms of the agreement. [K.L. Johar & Co. vi Dy CTO, AIR 1955 SC 1082,1088]. The position of the owner of goods under a hire-purchase agreement is that of a person who has made on irrevocable offer to sell but no obligation to buy. [Helby v. Mathews, (1895) AC 471 ; Lee v. Butler, (1893) 2 Q.B. 318]. T essence of the hire-purchase agreement is that the hirer is not bound to purchase . [Dalpat Rai v. Manohar Lal & Sons, AIR 1974 Raj. 61]. A hire-purchase agreement has two elements ; (I) element of bailment, and (ii) element of sale, in the sense that it contemplates an eventual sale. The element of sale fructifies when the option is exercised by the intending purchaser after fulfilling the terms of the agreement. When all the terms of the agreement are satisfied and the option to purchase is exercised, a sale takes place of the goods which till then had been hired. [K.L.Johar & Co. v. Dy. CTO, AIR 1965 SC 1082, 1090].  (iii) Duty of hirer.-According to section 151 of the Contract Act, 1872, the hirer is bound to take as much care of the goods hired to him as a man of ordinary prudence would under similar circumstances take of his own goods of the same bulk, quality and value as the goods hired. Under Section 152 of the Contract Act, the hirer in the absence of any special contract is not responsible for the loss, destruction or deterioration of the thing hired, if he has taken such care. Accordingly, the parties may provide by stipulation in that behalf that the hirer will be liable for any loss or damage to the goods arising from any cause whatever. (iv) Parties .-Normally , there are two parties to the hire-purchase agreement, viz., the owner and the hirer. However, sometimes a financier, for example in case of motor vehicles, is also brought in as a necessary party who purchase the vehicle from the owner and lets the same on hire to the hirer on installments and in such case, a guarantor is also required to be supplied by the hirer to secure fulfillment of the obligations imposed on the hirer under the agreement. (v).- Clauses.-In drafting a hire-purchase agreement, care should be taken to draft the following important clause in the agreement properly ; (a) No obligation to buy.-The agreement of hire-purchase should not amount to an agreement to buy but it should only give the hirer an option to purchase because where a person under an agreement to buy obtains the possession of the goods and the hirer under the hire-purchase agreement so obtains the possession, he would be able to give little to any one who takes the goods on sale or pledge from him without notice of the hire purchase agreement [See section 30 (2) of the Sales of Goods Act, 1930 and thereby the hirer would be able to defeat the intention of the owner. Where, however, the agreement is not an agreement to buy but it merely give an option to the hirer to buy on the fulfillment of certain conditions, the hirer cannot gives a valid title to any one. [Roopchand Jankidas v. National Bank, 46 Cal. 342].  (b) Property in goods not to pass.-A hire-purchase agreement must contain an express stipulation that the property in the goods shall not pass of the hirer until all installments have been paid. Minimum payment clause.-A hire-purchase agreement may be terminated either by the owner or hirer and the hirer may return the article to the owner after terminating the agreement. But since the articles are subject to usual wear and tear on account of user, it is usual to insert a minimum payment clause in the agreement in order to provide for depreciation of the article taken under the hire-purchase agreement. Such a clause provides that in the event of the agreement being determined by the owner or the hirer, the hirer shall be liable to pay 50% of the total price after deduction of the installments already paid by the hirer. (d) Seizure clause.-It is also usual to incorporate a clause in the hire-purchase agreement empowering the owner to seize the article hired in the event of the hirer committing a breach of any terms thereof, particularly the non-payment of monthly hire. (vi) Claim of financier to prevail over the state.-Where under a hire-purchase agreement, the financier, i.e., the owner lets on hire a motor vehicle to the hirer, clause 4 of the agreement states that, on default by the hirer, the owner can seize, remove and retake possession of the vehicle and sue for all the installments due and for damage for breach of the agreement and for all the costs of retaking of possession of the said vehicle and all costs occasioned by the hirers default. Clause 6 would show that, only upon the hirer paying the entire amounts due under the agreement, the said vehicle shall become the sole and absolute property of the hirer. In regard to the registration of the vehicle shall become the sole and absolute property of the hirer. In regard to the registration of the vehicle, thought it is in hirers name, clause 8 of the agreement states that the owners-meaning the financing company agree to permit the hirer to have the registration of the vehicle in his name provided that the hirer shall transfer the registration in the name of the owners whenever required to do so by them and especially when the hirer commits breach of any of the conditions of the agreement. In the light of these clauses in the agreement and in the event of the financier seizing the vehicle on default on the hirer in payment of the installments, the claims of the financier would prevail over that of the State. Where a person has got a prior secured right over the property, the States claim will not prevail. In the Income-tax Act, there is no substantive provision for superseding or overriding the claims or rights of a secured creditor. Schedule II mentioned in section 222 of the I.T. Act, 1961, which contains statutory rules in accordance with which the modes of recovery mentioned in that section have to be exercised, relates to procedure only and does not deal with substantive rights. [Sundaram Finance Ltd. v. RTO, (1979) 117 ITR 334 (Ker)]. (vii) Allow ability of depreciation of hired article.-The Board has issued the following circular containing instructions regarding depreciation allowance on plant and machinery acquired under hire-purchase agreement.  The following instructions are issued for dealing with case in which as asset is being acquired under or on what is known as hire-purchase agreement:- (i) In every case of payment purporting to be for hire-purchase, production of the agreement under which the payment is made should be insisted on. (ii) Where the effect of an agreement is that the ownership of the subject is at once transferred to the lessee( e.g. where the lessor obtains a right to sue for arrear of installments but no right to recovery of the asset) the transaction should be regarded as one of purchase by installments and no deduction in respect of hire should be made. Depreciation should be allowed to the lessee on the entire purchase price as per the agreement. (iii) Where the terms of the agreement provide that the equipment shall eventually become the property of the hirer or confer on the hirer an option to purchase the equipment, the transaction should be regarded as one of hire-purchase. In such case the periodical payments made by the hirer should not tax purposes be regarded as made up of- (a) consideration for hire, to be allowed as a deduction in the assessment ; and (b) payment on account of purchase, to be treated as capital outlay, depreciation being allowed to the lessee on the initial value(i.e., the amount for which the hired subject would have been sold for cash at the date of the agreement). The allowance to be made in respect of hire should be the difference between the aggregate amount of the periodical payments under the agreement and the initial value(as described above), the amount of this allowance being spread evenly over the term of agreement. If, however, the agreement was terminated either by outright purchase of the equipment or its return to the owner, the deduction should cease as from the date of the termination. An assessee claiming this deduction should be asked to furnish a certificate from the vendor or other satisfactory evidence of the initial value (as described above). Where no certificate or satisfactory evidence is forthcoming, the initial value should be arrived at by computing the present value of the amount payable under the agreement at an appropriate rate per centum. In doubtful case the fact should be reported to the Board. [Circular No.9 of 1943, R. Dis. No. 27(4) IT/43, dated 23rd March, 1943]. (viii) Registration.-Registration of a hire-purchase agreement is not compulsory. (ix) Stamp duty.-The hire-purchase agreement requires a stamp of only Re. 1 like an ordinary agreement. (x) Model Forms

HIRE-PURCHASE AGREEMENT IN RESPECT OF SEWING MACHINE THIS AGREEMENT made on this..day of..BETWEEN AB, etc., (hereinafter called the owner) of the one part AND CD, etc., (hereinafter called the hirer), of the other part. WHERAS the owner has lent to the hirer a sewing machine and accessories ; NOW THIS AGREEMENT WITNESSES as follows : 1. The sewing machine and the accessories described by the endorsement on the back of this agreement will remain in the use and possession of the hirer for a period of 12 months ending on unless the agreement is term in ate d sooner under the power reserved in this agreement 2. The hirer has paid Rs. 30 as the first months rent in advance and has agreed to pay to the owner a sum or Rs. every month regularly in advance on before the 5th day of each month. 3. The hirer will keep the machine and accessories in good order and in his custody at the above mentioned address and will not remove the same or seal or pawn if without the consent of the owner. 4. The owner will be at liberty to terminate this agreement on the failure of the hirer to perform the terms of this agreement and retake possession of the machine and the accessories. 5. The hirer may also terminate agreement by delivering up the machine and accessories in good order to the owner. 6. The hirer may at any time during the hire become the purchaser of the machine and accessories by paying in cash all the price endorsed on this agreement provided the payments of hire are regularly made. 7. On the termination of the hiring, the machine with the accessories shall be returned to the owner and the owners right of lien of the machine shall not be destroyed by any money decree or judgment that the owner may obtain against the hirer. 8. If the hirer fails to pay regularly in advance, the whole transaction will be treated as one of without any option of purchase. IN WITNESS WHEREOF the parties hereto have signed this agreement on the date and year first written above. CD AB . . (Hirer) (Owner) Witness.. On Reverse (1) Particulars of the Sewing machine and accessories (2) Price of Sewing machine Rs (3) Price of accessories Rs.. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

AGREEMENT FOR HIRE-PURCHASE OF MACHINERY Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) THIS AGREEMENT  made at………….this………….day of..............20………….between A B & Co. Ltd., a company incorporated under the Companies Act, 1956, and having its registered office at.............., (hereinafter called "the Owner") of the FIRST PART and M/s. ……………… XY & Sons, a partnership firm, carrying on the business of printing press and having its place of business at………….(hereinafter called "the Hirer") of the SECOND PART and Shri A son of B resident of..............(hereinafter called "the Surety") of the THIRD PART.   WHEREAS   (1) The hirer has vide his letter dated…………. requested the owner to provide finance for the purchase of printing press.   (2) The owner has by its reply dated………….agreed to provide finance for the purchase of printing press on the terms and conditions laid down in the said letter and the documents to be executed for the said purpose.   (3) The hirer has placed an order with M/s………….for the purchase of printing press.    (4) The owner has provided the finance by making payment of an amount of Rs………….vide cheque No…………. dated………….drawn on………….to the supplier………….      NOW IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS :   (1) The owner, being the owner of the printing press with fittings, tools, and accessories, more particularly described in the Schedule hereto shall let and the hirer shall take on hire from the ………….day of………….    (2) On execution of these presents, the hirer shall pay a sum of Rs ………….to the owner as initial payment by way of hire and shall during the continuance of this agreement pay to the owner at his address for the time and without previous demand by way of rent for the Instalments hire of the said printing press the monthly sum of Rs ………….the first payment to be made on the…………. day of………….next and each subsequent payment on the………….day of each succeeding month during the said term.   (3) During the continuance of the agreement, the hirer shall   (a) not sell or offer for sale, assign, mortgage, pledge, underlet, let or otherwise deal with the said printing press or any part or parts thereof or with any interest therein;   (b) keep the said printing press in his own possession and will not remove the same or any part or parts thereof from the place where such printing press is for the time being situate without the previous consent in writing of the owner;   (c) not allow any lien to be created upon the said printing press whether for repairs or otherwise and will duly and punctually pay all rents, taxes, rates, charges and levies payable in respect of the premises wherein the said printing press shall for the time being be situate and produce all receipts for such payment to the owner on demand and will protect the said printing press against distress, execution or seizure;   (d) use the printing press in a skilful and proper manner and shall at his own expense keep the said printing press in good and substantial repair and condition (reasonable wear and tear excepted);  (e) keep insured the printing press during the period of hiring against any loss or damage by hire or otherwise in the sum of Rs………….with an insurance company in the name of the owner and deliver the policy of such insurance to the owner and duly and punctually pay all premiums necessary for keeping the said insurance effective throughout the period of this agreement:   Provided that in case the hirer shall at any time fail to effect or keep effect the said policy by making default in any payment of premium, the owner shall be entitled to effect such insurance and pay the premium to the said insurance company and the hirer shall forthwith pay to the owner all the premiums and other sums paid by the owner;   (f) not do or omit to do any act which may result in seizure and/or confiscation of the printing press by the Central or State Government or local authority or any public officer or authority under any law for the time being in force.   (4) If the said printing press shall be destroyed or damaged by fire or otherwise, all moneys received or receivable in respect of such insurance as aforesaid shall forthwith be received by the owner who shall as the case may require, apply such money either in making good the damage done or in replacing the said printing press by other articles of similar description and value and such substituted articles shall become subject to the provisions of this agreement in the same manner as the articles for which they shall have been substituted.    (5) The hirer may determine the hiring at any time by giving .............days notice in writing to the owner at his address for the time being and by returning the said printing press at the hirer's own risk and expense and shall thereupon forthwith pay to the owner all hire charges upto the date of such determination and other sums due under the agreement and 25% of the balance of the total hire charges still to fall due as settled compensation.   (6) If the hirer shall make default in punctual payment of the monthly sum so to be paid by him for the hire of the said printing press  if a receiving order in bankruptcy is made against him or if he compounds with his creditors or do or suffer any act or thing whereby or in consequence of which the said printing press may be distrained or taken in execution under legal process or by any public authority or fails to pay to the Government or any public authority any taxes or surcharges due in respect of the said printing press or fails to observe and perform the terms and conditions of this agreement on his part to  be observed and performed or if the hirer shall do or cause to be done or permit or suffer any act or thing whereby the owner's rights in the said  printing press may be prejudiced or put in jeopardy, the owner may without notice determine the hiring and it shall thereupon be lawful for the owner to take possession of the said printing press and for that purpose to enter into or upon any premises where the same may be  kept and the determination of the hiring under this clause shall not affect the right of the owner to recover from the hirer any money due to the owner under this agreement or damages for breach thereof. The hirer shall also be liable to pay to the owner all expenses incurred by the owner in repossessing or attempting repossession of the said printing press.   (7) If the agreement is determined before the property in the said printing press passes to the hirer, the hirer shall forthwith return to the owner, policies and other documents relating to the said printing press   (8) The hirer acknowledges and agrees with the owner that he has inspected the printing press and he is satisfied that the printing press is suitable for his purpose and the owner shall not be liable to the hirer for any liability, claim, loss, damage or expenses caused directly or indirectly by the said printing press or any inadequacy thereof for any purpose or any defect therein or by the use thereof or in relation to any repairs, servicing, maintenance of the said printing press.   (9) The hirer shall be liable to bear and incur the installation cost, cost of detachment of the printing press taken on hire and to pay any tax, levy, rates or assessments levied at any time by the Central Government, State Government or any local authority on the total of or any instalments payable under this agreement.   (10) If the hirer shall duly perform and observe all the terms and conditions in this agreement and the covenants on his part to be  performed and observed and shall punctually pay to the owner the sums specified in clause 2 hereof amounting (together with the said sum of Rs…………. so paid on the execution of this agreement as aforesaid) to the sum of Rs………….then the hiring shall come to an end and the said printing press shall become the property of hirer and the owner will assign and make over all his rights, title and interest in the same to the hirer but until such payments have been made, the printing press shall remain the property of the owner.   (11) No neglect, delay, indulgence, forbearance or waiver on the part of the owner in enforcing any terms or conditions of this agreement shall prejudice the rights of the owner hereunder.   (12) In consideration of the owner letting the said printing press to the hirer at the rent and under the agreements and conditions hereinbefore expressed, the surety hereby guarantees the due payment of the said rents and all other sums of money which may become payable under this agreement and the performance and observance of the said agreements and conditions by the hirer and this guarantee shall not be prejudiced by the owner neglecting or forbearing to enforce this agreement against the hirer or giving time for the payment of the said rents when due or delaying to take any steps to enforce the performance or observance of the said agreements or conditions or granting any indulgence to the hirer.   (13) The parties to this agreement hereby declare that they have fully understood the meaning of all the clauses, terms and conditions of this agreement and they have accepted and executed this agreement with full knowledge and understanding of the obligations herein.   IN WITNESS WHEREOF , the parties have executed this agreement on the day and the year first hereinabove written.   The Schedule above referred to (Particulars of the printing press)   WITNESSES The common seal of A B & Co. Ltd., the within named owner has been hereunto affixed pursuant to the  1. Resolution of its Board of Directors on…………. in the presence of Shri………….Director and Mr………….Secretary of the company, who have signed these presents 2. Signed and delivered by Mls. X Y & Sons, the within named hirer by its partners Signed and delivered by A, the within named surety

NOTICE OF TERMINATION OF HIRE-PURCHASE AGREEMENT Registered A.D. To …………..………….. …………..………….. …………..………….. Dear Sir, Under the hire-purchase agreement dated………….. I , ………….. as owner had given the goods described in the Schedule to the said agreement on hire to you, on the terms and conditions laid down in the said agreement   2. In terms of clause…………..of the said agreement, you as hirer were required to pay to me at my address for the time being and without previous demand the sum of Rs…………..every calendar month by way of rent for the hire of the said goods, the first payment to be made on the…………..day of…………..20………….. and each subsequent payment on the 10th day of every succeeding month. Further in terms of clause ……of the said agreement, if you the hirer shall make default in payment of any monthly sum payable for 10 days after the same have become due, 1, the owner has a right to terminate the hiring and retake possession of the said goods without prejudice to my claim for arrears of hire or damages (if any) for breach of the said agreement.   3. You have failed to pay the hire-rents for the months of .............. which are payable to me. I, therefore, hereby give you notice determining the said hire-purchase agreement forthwith and your possession of the goods comprised in the said agreement has ceased to be in possession with my consent. I hereby call upon you to return the said goods at your expense at my address and pay up the arrears of hire-rent amounting to Rs . …………..together with a sum of Rs ………….. as agreed compensation for loss of profit under clause…………..of the said agreement.   4. Please note that if you fail to return the hired goods within....................days from the issue of this notice, in terms of clause...................of the agreement, I or my servants or agents will enter upon the premises where the said goods are kept and seize and take possession thereof and in that case all costs and expenses of and incident to such retaking of possession of the said goods which may be incurred by me shall be payable by you. In case of failure by you to pay the hire-rent and agreed compensation within…………..days hereof, appropriate legal proceedings will be initiated against you, without further reference to you.   Yours faithfully, Date: ..............       …………..………….. Owner Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-)

AGREEMENT FOR HIRE OF MACHINERY AN AGREEMENT  made the………….day of………….20…………. BETWEEN A son of B resident of………….(hereinafter called the "Owner") of the ONE PART and C son of D resident of…………...(hereinafter called the "Hirer") of the OTHER PART.   WHEREAS  the owner is the owner of the machinery and is not being used by him, as he has closed his factory due to his personal reasons;      AND WHEREAS  on the request of the hirer, the owner has agreed to give the said machinery on hire to the hirer on the terms and conditions hereinafter appearing.   NOW THESE PRESENTS WITNESS AS FOLLOWS   (1) The owner s hall let and the hirer shall take on hire the machinery, specified in the Schedule hereunder written (hereinafter referred to as the said machinery) from………….for a term of............years     (2) The hirer shall, during the continuance of this agreement, pay to the owner without previous demand by way of rent for the hire of the said machinery the monthly sum of Rs ………for the use and possession of the said machinery, the first payment to be made on the ............ day of………….20………….next and each subsequent payment on the………….day of each succeeding month during the said term.   (3) The hirer will not sell, assign, mortgage, pledge, underlet or otherwise deal with the said machinery but will keep the said machinery in his own possession and will not remove the said machinery from the premises where such machinery is for the time being installed without the previous consent in writing of the owner.   (4) The hirer shall use the said machinery in a skilful and proper manner and shall at his own expenses keep the said machinery in good and substantial repair and condition (reasonable wear and tear excepted) and will allow the owner, his servants or agents at all reasonable times to have access to the said machinery and to inspect the state and condition thereof.   (5) The hirer shall keep the said machinery insured in the sum of Rs………….against fire and loss, damage or risk from whatever cause arising with some insurance company in the name of the owner and deliver the policy of such insurance to the owner and duly and punctually pay all premiums necessary for effecting and keeping such insurance in force and produce the receipt for all such payments to the owner on demand and will keep the owner indemnified against all loss or damage to the said machinery from whatever cause the same may arise.   (6) If the said machinery is destroyed by fire or lost by theft, all moneys received in respect of such insurance shall be received by the owner, who may apply such moneys either in making good the damage done or in replacing the said machinery by other articles of similar description and quality and such substituted articles shall become subject to hire in the same manner as the articles for which they shall have been substituted.    (7) The hirer may at any time determine the hiring by giving...............months notice and the hiring shall from the expiration of the said notice determine and the hirer shall not be entitled to any credit or allowance in respect of any payment previously made by him to the owner.   (8) If the hirer shall make default in punctual payment of the monthly sums so to be paid by him for the hire of the said machinery or if he shall fail to observe and perform the terms and conditions of this agreement on his part to be observed and performed, the owner may determine the hiring without any notice and it shall be lawful for him to retake possession of the said machinery and for that purpose the owner, his servants or agents may enter into or upon any premises where the said machinery is installed and the hirer will remain liable for the payment of money due to the owner under this agreement or damages for breach thereof.   (9) The hirer hereby covenants with the owner that he will not do or omit to do any act which may result in seizure and/or the confiscation of the said machinery by the Central or State Government or local authority or any public officer or authority under any law for the time being in force.   (10) The hirer shall pay all licence fees, taxes, etc. payable to the Government, local authority in respect of the said machinery and if the owner is compelled to pay such licence fees, taxes, etc., the hirer shall forthwith repay the said amounts paid by the owner.   (11) Any time or indulgence granted by the owner shall not affect the strict rights of the owner under this agreement.   (12) In case of any dispute or difference arising between the parties regarding the meaning, construction, interpretation, breach or fulfillment or non-fulfilment of the terms and obligations of these presents or any clause or condition thereof, the same shall be referred to the decision and arbitration of two arbitrators, one to be nominated by each party which arbitrators shall before taking upon themselves the burden of reference, appoint an umpire. The submission shall be deemed to be a submission to arbitration within the meaning of the Indian Arbitration Act, 1940 or any statutory modification thereof. The award of the Arbitrator or Arbitrators, as the case may be, shall be final and binding on the parties.   (13) The stamp duty and other incidental expenses relating to the execution of this Agreement will be borne by the hirer.   IN WITNESS WHEREOF , the parties hereto have executed these presents, the date, month and year first hereinabove mentioned.   The Schedule above referred to WITNESSES 1 Signed and delivered by A, the within named owner 2. Signed and delivered by Q the within named hirer Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-)

HIRE-PURCHASE AGREEMENT BETWEEN MANUFACTURER AND HIRER   Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-)  THIS AGREEMENT made on this day of . BETWEEN ABC, etc. (hereinafter called the owner which expression shall include the successors and assigns unless the context otherwise admits) of the one part and CD, etc. (hereinafter called the hirer) of the other part.    WHEREAS  1. The owner is engaged in the business of manufacturing.. and has agreed to let to the hirer.   2. The hirer has agreed to take on hire the said goods more particularly described in Schedule A hereto for the term of. years from.  NOW THIS AGREEMENT WITNESSES as follows :  1. Hire.-The hirer shall pay to the owner on the execution of this agreement the sum of Rs as hire for the first month and on the first day of every calendar month during the period of hiring the sum of Rsby way of hire for the said goods, or shall pay the rent specified in Schedule-B hereto which payable without demand on the day therein mentioned.  2. Option to purchase.-The hirer shall at any time during the hiring have the option to purchase the said goods for Rsand in that event the hirer shall receive full credit for all sums previously paid by him under the preceding clause. However , until the purchase so effected and the price fully paid by the hirer the said goods shall remain the pr0perty of the owner.   3. Hirers covenants.-During the hiring period the hirer will- (a) not sell, transfer pledge, hypothecate, charge or in any manner encumber the goods or part with possession thereof either in entirely or in part ;   (b) Not without the consent in writing or the owner, remove the said goods or any part thereof from the premises of the hirer at.. and shall inform the owner forthwith of any change in address or shift or place ;   will not lend or mortgage the goods to any other person without the previous permission in writing of the owner ;   (d) will keep and maintain the goods in good order and condition and will, on the expiry ofyears or earlier termination of this agreement, return the same to owner in the same condition in which it has been given on hire, reasonable wear and tear however excepted, and all loss or damage due to breakage pilferage or any other cause shall be made good by hirer at his own cost;   (e) pay all taxes, fees, duties, fines, registration charges, other charges, payable in respect of the assets as when the it shall become due ; (f) permit the owner or his authorised agent or any nominee at all reasonable times to visit and examine the condition of the said goods ;   (g) shall keep the goods insured against all looses or risks or damage by fire, tempest or theft upto the value of Rswith an Insurance Company to be nominated by the owner and shall punctually all premia and produce to owner of and when so required the receipts for the last premium paid and keep the insurance alive during the continuance of the agreement. If the said hired goods are damaged or destroyed by fire or lost by theft all moneys received in respect of such insurance by the hirer shall be paid forthwith to the owner who shall apply the same in making good the loss by replacement of such damaged part or parts or the entire goods of similar description and value whereupon such replaced part or parts or goods shall become subject-matter to this agreement in the same manner as the original goods ;   (h) in case of default by hirer in payment of the charges mentioned in sub-clause (g) above, the owner may pay the same or any part thereof and the hirer shall be liable to reimburse the same together with interest thereon at the rate of 15% p.a. from the date of payment by the owner ;   (i) the hirer shall indemnify the owner against claims by third parties arising out of any accident caused by the user of the asset by the hirer until the determination of this agreement ;   (j) the hirer shall not use or permit or cause the asset to be used in contravention of any statute or regulations for the time being in force or otherwise in any way contrary to any law excepting as permitted by and under this agreement ;   (k) hirer agrees to make good to the owner all damages caused to the asset (fair wear and tear excepted) and pay the owner the full value of the asset if there is total loss of the assets, whether the damage or loss be caused accidentally or otherwise and by any reason whatsoever and to keep the asset at his sole risk, until he purchases the asset or returns it to the owner ;   (l) hirer agrees to pay all expenses for repair found necessary by the owner, replace any damaged parts and not make any alteration or addition thereto without previous permission in writing of the owner ;   (m) hirer has examined /caused to be examined the asses and receipt by him of the same shall be conclusive proof that the asset has been duly accepted by him as being in perfect order and has been duly accepted by him as being in perfect order and working condition.   4. Intimation of change in address.-The hirer shall forthwith intimate the owner of any change of his address and also of the address of the premises where the asset is kept and shall also immediately notify the owner in writing of any loss or damage to the said asset.   5. Default.-If the hirer shall make default in the punctual and prompt payment, in full, of the said monthly hire or in the observance or performance of any of the provisions of this agreement, which is to be observed and performed by him, the hiring shall immediately determine.   6. Owner to take possession.-On the determination of the hiring, the owner shall without notice or demand take possession of the hired goods and for that purpose may by himself or by his agent or servants enter into or upon any premises occupied by the hirer and search for the same if necessary for the said goods.   7. Hirers option to terminate hiring-The hirer may terminate the agreement at any time without notice by returning the said goods at the owners address or his place of business.   8. Rights to damages not affected.-If the hiring is terminated by the hirer under clause 7 above such termination shall be without prejudice to the owners right to recover the hire upon the date of such termination nor his right to recover damages for any prior breach of this agreement by the hirer or on account of any payments previously made by him.   9. Compensation for depreciation.-On the termination of this agreement either at the instance of the hirer or the owner, the hirer shall pay to the owner by way of compensation for depreciation of the said goods such sum as with the amount previously paid for hire shall be of a sum equal to not less than one half of total amount payable under the agreement.   10. Time or indulgence not to affect owners rights.-Any time or other indulgence granted by the owner to hirer shall not prejudice or affect his strict rights under this agreement.   SCHEDULE A  Description of Goods.  1. Name 2. Accession No. 3. Mark/Trade Name 4. Year of Manufacture 5. Make of Machine 6. No. of Machine 7. Other description : .. . 8. Accessories affixed to the goods

AGREEMENT BETWEEN - A MANUFACTURER OF -PRODUCTS/ SERVICES FOR ADVERTISING ITS PRODUCTS ON WEBSITE Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-) THIS AGREEMENT  made at ………………..on this………………..day of........... 2000 between Galaxy Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered  office.....................(hereinafter referred to as the "Galaxy" which expression shall, unless repugnant to the context or meaning thereof, be deemed to includes its Successors and Assigns) of the ONE PART and ALPHA Website Advertisers Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office.................... (hereinafter referred to as the "Alpha" which expression shall, unless repugnant to the context or meaning thereof, be deemed to includes its Successors and Assigns) of the OTHER PART   WHEREAS   (1) The Galaxy is manufacturers of various consumer durable items such as Televisions, Stereo Systems, Washing Machines, VCR Video Cameras, Computers, Cooking ranges, etc. and interested to advertise its products through Website on Internet.   (2) The Alpha is undertaking advertising through Websites on Internet and it has approached the Galaxy to provide advertising services to Galaxy.    (3)The Galaxy, after negotiations with the officials of Alpha have agreed to advertise its products through Alpha on the terms and conditions mentioned herein.   NOW IT IS HEREBY AGREED BETWEEN THE PARTIES AS UNDER:   (1)The Galaxy agrees to appoint Alpha as its advertising agent for advertising its products on the Website on Internet (2) The Galaxy agrees that the Alpha may use the information provided by Galaxy as part of advertising process for its own business purposes and may provide aggregated usage, viewership and other statistical demographic information associated with Alpha members to potential advertisers for Alpha sponsored websites   (3)The Alpha may place advertisements on any page which meets standard broadcast television acceptability guidelines   (4)The Galaxy agrees and undertakes that it will not give any advertisement content (textual, graphical or otherwise which (a) is libelous, abusive, obscene, profane, defamatory, inaccurate, sexually explicit, threatening or otherwise illegal (b) promotes, suggests or encourages illegal acts (c) contains expressions of bigotry, racism or hate (d) violates any copyright, trade mark or other intellectual property laws or (e) contains any other advertisements of goods or services except of the products of Galaxy. In case Alpha finds that the Galaxy has committed any violation of the foregoing prohibitions, it will have the right to terminate the agreement. The Galaxy will indemnify and keep indemnified the Alpha from and against all claims, demands, actions, proceedings, losses, damages, recoveries, judgments, costs, charges and expenses which may be made or brought or commenced against the Alpha or which the Alpha may or may have to bear, pay or suffer, directly or indirectly arising from the use of such contents furnished by the Galaxy   (5) The Alpha declares that its advertisements may not be placed not to place on on pages which automatically refresh without human intervention.   (6) The Galaxy agrees and undertakes that it will not change or manipulate Alpha's graphics in any way without expressed prior consent of the Alpha in writing.   (7) The Alpha may modify, suspend, discontinue, or restrict the use any portion of the Alpha service at any time, with or without cause, with or without notice and without liability   (8) The Galaxy agrees that neither it will capture, store, relay, transmit, buy or sell Alpha Member account numbers, nor it will reverse  engineer the Alpha Advertising Delivery System. The Galaxy further agrees that it will not create programmes or systems which automatically view and/or click-through Alpha advertising without human intervention.   (9) The Galaxy will pay to the Alpha Affiliate Websites at the following rates for ad impressions: Rs. 5,50,000 for a period of three months Rs. 10,00,000 for a period of six months Rs. 14,00,000 for a period of nine months Rs. 19,00,000 for a period of one year The payment has to be made in advance and the advertising services will start within a week's time from the date of receipt of payment from Galaxy,   (10)The Alpha, its affiliates, licensors, employees, agents or contractors will not be liable for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of or use of records, whether for breach of contract tortuous behaviour, negligence or under any other cause of action.   (11) The Alpha will have the right at its discretion to change the terms of this Agreement and will the Galaxy of any changes by e-mail or online postings. The continued use of Account by Galaxy after the posting of any notice of change in terms shall constitute the acceptance of Galaxy and Galaxy will be bound by any such changes. If any specific change in the agreement is not acceptable to Galaxy, the Galaxy will have the right to terminate the contract.   (12) The Alpha will furnish its feed report to the Galaxy received from the viewers of the advertisements of Galaxy. The feed back will also include the No. of viewers which have seen the advertisements of Galaxy products on Website and suggestions it any for the modification/change in the manner of advertisements or products   (13) This agreement may be amended only by a writing signed by the duly authorized representatives of both parties and specifically referring to itself as amendment to this agreement   (14) Notices and other communications under this agreement shall be in writing addressed as indicated in the description of the parties herein or as either party may request in writing and the effective date of each is the date of its prepaid deposit in the mail for dispatch by air or such service properly addressed. Any notice sent by cable, telex or facsimile shall be deemed to have been served on the next day following the date of dispatch thereof.   (15) The parties hereto agree that they shall not be responsible for failure to perform of their obligations under these presents due to forcemajeure, which shall include but not be limited to fire, flood, strike, labour strikes and disputes, embargo put by the government of the country of any party, shortage of labour, raw material, or any other reason of such party. If the circumstances leading to force majeure occur, the affected party shall give notice thereof to the other party. If the circumstances or event of force ma ure continue for a period ie exceeding six months, either party may terminate this agreement.   (16) Any relaxation, forbearance, delay or indulgence on the part of any party in enforcing any of the terms and conditions of this agreement or the granting of time by any party to the other party shall not prejudice, affect or restrict the rights of that party hereunder nor shall any waiver by any party of any breach hereof operate as a waiver of any subsequent or any continuing breach hereof.   (17) In case any dispute arises between the parties out of or in connection with this agreement, the same shall be referred to the arbitration of sole arbitrator, who may be appointed by the parties by mutual agreement. The venue of all proceedings relating to this agreement including Arbitration proceedings and proceedings before the Court will be The proceedings held by the arbitrator in making the award will be in accordance with the provisions of Indian Arbitration and Conciliation Act, 1996 or any statutory modification thereof. The award of the arbitrator shall be final and binding on the parties   (18) It is hereby agreed between the parties that the time is the essence of this agreement.   (19) This agreement shall be executed in duplicate. The original shall be retained by the Galaxy and the duplicate by the Alpha.   (20) The stamp duty and all other expenses in respect of this agreement and duplicate thereof shall be borne and paid by the Galaxy.    (21) The headings of the clauses of this agreement are meant only for convenience of reference and shall not in any way be taken into account in the interpretation of these presents.   IN WITNESS WHEREOF  the parties hereto have executed these presents and duplicate copy thereof on the day and year hereinabove written    1 Signed and delivered by the within named Galaxy Company. Ltd., by the hands of  Shri………Managing Director thereof in the presence of   2 Signed and delivered by the within named Alpha Website Advertisers Co. Ltd., by the hands of Shri …………….Managing Director thereof in the presence of

AGREEMENT BETWEEN A PUBLISHER AND WEBSITE OPERATOR PERMITTING THE DISPLAY OF ITS PUBLISHED MATERIAL ON WEBSITE THIS AGREEMENT  made at…………….on this…………….day of........... 2000 between XYZ Publishing House Private. Ltd. a company incorporated under the Companies Act,1956 and having its registered off ice…………….(hereinafter referred to as the "XYZ" which expression shall, unless repugnant to the context or meaning thereof, be deemed to includes its Successors and Assigns) of the ONE PART and ABC Website Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office ..................... (hereinafter referred to as the "ABC" which expression shall, unless repugnant to the context or meaning thereof, be deemed to includes its Successors and Assigns) of the OTHER PART.   WHEREAS   (1)The ABC is operating portal on Internet with the domain name'.www.abc.com" and displaying lot of information on various subjects for the use of its viewers.   (2) The XYZ is a big publisher and has published about 1000 books containing different subjects. A list of publications of XYZ is annexed to this Agreement and marked as Annexure 1.   (3) The ABC has approached XYZ to allow the text with photos, graphics and tables, etc., of its  publications to be displayed on its portal for the use of its viewers and XYZ has agreed to permit the display of the text with photos, graphics and tables, etc. of its publications on the portal of ABC on the terms and conditions hereinafter contained.   NOW IT IS HEREBY AGREED BETWEEN THE PARTIES AS UNDER   (1) XYZ permits the ABC to display the text including photos. Graphics, designs, tables, etc. of the books published by it, a list of which has been given at Annexure 1, of this agreement hereinafter referred to as the "said books" on its portal " www.abc.com " for a period of one year, commencing from the date of these presents. However the portal will display the text of the said books with such system that the text may only be read by the viewers and the viewers may not be able to download any part of the text.   (2) XYZ confirms that it is the owner of the copyrights of all the books published by it and therefore it is entitled to assign the copyright of the said books to ABC. XYZ will indemnify and keep indemnified ABC from and against all claims, demands, actions, proceedings, losses, damages, recoveries, judgments, costs, charges and expenses which may be made or brought or commenced against ABC or which ABC may or may have to bear, pay or suffer, directly or indirectly arising from the use of such contents furnished by the XYZ.   (3)ABC will be entitled to use the text of the said books of XYZ for its own business purposes. However ABC undertakes that it shall not modify, alter, edit or change the text of the said books on the portal and display the text of the said books in its original form with the name of the book, author and XYZ, along with the text, so that the viewers of the portal may come to know of the name of the book, author and the publisher of the book of which the text has been displayed on the portal.   (4) XYZ will deliver one copy of the latest edition of the copy of all the books published by it to ABC alongwith the floppies within seven days from the execution of these presents so that the text of the said books may be displayed on the website.    (5) ABC will pay the following amounts to XYZ for use of the text, etc., of the said books on its portal: Rs. 20,00,000 At the time of execution of these presents  Rs. 2,00,000 every month  The monthly payment of  Rs. 2,00,000 for the month of ……………. 2000 will be paid on the 5th day of……………. and subsequent payment will be made on or before the 5th day of every succeeding month regularly. If the ABC fails to pay the said payment of Rs. 2,00,000 to XYZ within 10 days of the due date, ABC will be liable to pay penalty @ 2% to the said amount. If the amount remains delinquent 30 days after its due date, an additional penalty @ 5% will be added to each month of the delinquency. In case the amount is not paid within two months from the due date, XYZ reserves the right to terminate this agreement by serving a notice of 10 days to ABC.   (6) XYZ agrees and undertakes to furnish the revised edition of each book mentioned in the Annexure to ABC within fifteen days of the release of the book for updating the text book on the website of the portal.   (7) The books proposed to be published by XYZ after the execution of this agreement will not be covered by this agreement and ABC will not be entitled to use the text of the books being published by XYZ after the execution of this agreement. However if ABC desires to display the text of those books, it has to approach XYZ for display of the text of the said books on the website of the portal.   (8) If ABC (i) fails to pay the monthly sum of Rs. 2,00,000 for a period of more than two months from the due date of its payment; (ii) modifies, alters, changes or edits the text of the said books on the website of the portal; (iii) fails to display the name of the book, author and publisher with the text of the book displayed on website of the portal; (iv) passes a resolution of winding up or has a petition for winding up presented against or if a receiver shall be appointed of the whole or part of the assets, properties or undertakings of ABC or shall compound with or enter into any composition with its creditors; (v) if any judgment or order against ABC shall remain unsatisfied for more than fourteen days; Then, and on the occurrence of any such event, it shall be lawful for XYZ to terminate this agreement, without prejudice to any action that it may take against ABC for any right or remedy under this  agreement or otherwise at law. Upon such termination of the agreement, ABC will promptly stop the display of the text of the said books of XYZ and forthwith deliver or cause to be delivered all the books alongwith diskette at such place as may be intimated by XYZ to ABC promptly and not later than seven days from the date of termination of the agreement.   (9) If ABC having paid all the amounts payable under this agreement and observed and performed all the stipulations, terms and conditions, shall desire to renew this agreement and shall give notice of such desire not less than…………….days prior to the expiration of the term hereby granted, XYZ shall grant renewal of this agreement for a further period of 1 year commencing on the expiration of this agreement on the same terms and conditions as those herein contained including the right of renewal but at a monthly payment of Rs. 3,00,000 per month.   (10) Upon expiry of the term of this agreement or renewal hereof or sooner determination in terms of this agreement, ABC shall stop display of the text of the said books of XYZ and forthwith deliver or cause to be delivered all the books alongwith diskette at such place as may be intimated by XYZ to ABC promptly and not later than seven days of the termination of the agreement or renewal thereof.   (11) This agreement may be amended only by a writing signed by the duly authorized representatives of both parties and specifically referring to itself as amendment to this agreement.   (12) Notices and other communications under this agreement shall be in writing addressed as indicated in the description of the parties herein or as either party may request in writing and the effective date of each is the date of its prepaid deposit in the mail for dispatch by air or such service properly addressed. Any notice sent by cable, telex or facsimile shall be deemed to have been served on the next day following the date of dispatch thereof.   (13) The parties hereto agree that they shall not be responsible for failure to perform of their obligations under these presents due to force majeure, which shall include but not be limited to fire, flood, strike,  labour strikes and disputes, embargo put by the government of the country of any party, shortage of labour, raw material, or any other reason of such party. If the circumstances leading to force majeure occur, the affected party shall give notice thereof to the other party. If the circumstances or event of force majeure continue for a period exceeding six months, either party may terminate this agreement.   (14) Any relaxation, forbearance, delay or indulgence on the part of any party in enforcing any of the terms and conditions of this agreement or the granting of time by any party to the other party shall not prejudice, affect or restrict the rights of that party, hereunder nor shall any waiver by any party, of any breach hereof, operate as a waiver of any subsequent or any continuing breach hereof.   (15) In case any dispute arises between the parties out of or in connection with this agreement, the same shall be referred to the arbitration of sole arbitrator, who may be appointed by the parties by mutual agreement. The venue of all proceedings relating to this agreement including Arbitration proceedings and proceedings before the Court will be…………….The proceedings held by the arbitrator in making the award will be in accordance with the provisions of Indian Arbitration and Conciliation Act, 1996 or any statutory modification thereof. The award of the arbitrator shall be final and binding on the parties.   (16) It is hereby agreed between the parties that the time is the essence of this agreement.   (17) This agreement shall be executed in duplicate. The original shall be retained by the ABC and the duplicate by the XYZ.   (18) The stamp duty and all other expenses in respect of this agreement and duplicate thereof shall be borne and paid by the ABC.    (19) The headings of the clauses of this agreement are meant only for convenience of reference and shall not in any way be taken into account in the interpretation of these presents.     IN WITNESS WHEREOF  the parties hereto have executed these presents and duplicate copy thereof on the day and year hereinabove written.   Signed and delivered by the within named XYZ Publishing Co Ltd., by the hands of Shri …...Managing Director thereof in the presence of 1 . 2 Signed and delivered by the within named ABC Website Co. Ltd., by the hands of Shri…….Managing Director thereof in the presence of 1. 2. Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-)

COMPLAINTS AGAINST AIRLINES Download Word Document In English. (Rs.50/-) Download PDF Document In Marathi. (Rs.50/-) BEFORE THE CONSUMER DISPUTES REDRESSAL DISTRICT FORUM AT BOMBAY ORIGINAL COMPLAINT NO. OF 1999. XYZ & & Complainant Versus Arctic Airways & Opposite Party INDEX SR NO. PARTICULARS PAGE NO. 1.     Original Complaint 1-5 2.     Ex. A copy of the damaged memo 6-7 3.     Ex. B complaint dated 26/6/1999 8 4.     Ex. C letter dated 29/6/1999 from the Complainant to opposite party 9-10 5.     Ex. D reply dated 2/7/1999 from the opposite party to complainant 11 6.     Ex. E reply dated 9/7/1999 from the opposite party to complainant 12 7.     Ex. F Advocate’s notice dated 24/8/1999 And acknowledgment 13-16 8.     Ex. G Particular of claim 17 9.     Vakalatnama 18 BEFORE THE CONSUMER DISPUTES REDRESSAL DISTRICT FORUM AT BOMBAY ORIGINAL COMPLAINT NO. OF 1999. Mr. XYZ, 18, Raza Bldg., R.M Road, Mumbai 400 024. & Complainant Versus Arctic Airways, Mumbai Airport Terminal II A Sahar, Mumbai 400 099. & Opposite Party This complaint under section 12(a) of the Consumer Protection Act, 1986, is presented on the grounds stated herein under:- 1.     That the Complainant is a diamond merchant and frequently travels out of India for business commitments and the Arctic Airways, the Opposite Party abovenamed, is a scheduled Airline operating flights to and from India and having its office at the address given in the title above. 2.     That the Complainant on 19/6/1999 travelled from London to Mumbai by Arctic Airways by flight No.BA 174 and carrier flight No.BA 139. When the Complainant reached Mumbai Airport, he found that his baggage included suitcase bearing carrier-bag tag No.DA 649098, brand name UNK had major damages and inter-alia following articles were lost from the said suitcase viz.                               i.                One suit costing 34,950 Belgium Frank                              ii.                Two sarees costing US $ 100 each                             iii.                Two jeans costing US $ 90 each and,                             iv.                Other articles The above articles totally weighed 12 kgs and the net value of the above lost articles was Rs.1,48,463/-. Ex.A 3.     The Complainant immediately informed the Opposite Party at the Sahar Airport, Mumbai about the said loss articles. The said representative inspected the damaged suitcase and issued memo for damaged articles duly filled after the inspection wherein the damage has been shown as the major damage. The Opposite Party’s representative at the Airport informed the Complainant that the Complainant would be compensated for the said loss of articles. Hereto annexed and marked as Ex.A is the copy the above memo. 4.     The Complainant thereafter visited the Opposite Party twice or thrice when he was informed that he had to give written complaint for the above loss. EX. B 5.     The Complainant on 28/6/1999 forwarded the written complaint dated 26/6/1999 to the Opposite Party. The Opposite Party asked the Complainant to produce the bills for the purchase of the said lost articles. Hereto annexed and marked Exhibit "B"is the copy of the said complaint dated 26/6/1999. EX.C 6.     Accordingly by a letter dated 29/6/1999, the Complainant submitted the bill for the purchase of the suit and also informed the Opposite Party that sarees and jeans were purchased on cash payment from New York and the bills for the said sarees and jeans have been lost with the above articles. Hereto annexed and marked as Exhibit "C"is the copy of the said letter dated 29/6/1999. EX.D 7.     The Complainant states that by a reply dated 2/7/1999 the opposite party informed the complainant that they were liable for only the missing 12 kgs of the articles and were ready to reimburse the complainant US$240/-. The complainant did not accede to the said offer as it was much less then the value of the lost articles. Hereto annexed and marked as Ex.`D"is the copy of the above reply dated 2/7/1999. EX.F 8.     The Complainant states that again by a letter dated 9th July 1999 (the date is wrongly mentioned as 09 June 1999 in the said letter), the opposite party expressed their inability to pay the amount claimed by the complainant and reiterated that they were unable to better their offer of USD 240/-. Hereto annexed and marked as Ex.`E’is the copy of the above letter dated 9th July 1999. EX.F 9.     As the Opposite Party did not accede to the complainant’s request, the complainant by an advocate’s notice dated 24th August 1999 called upon the Opposite Party to pay the loss suffered by the Complainant within 7 days of the receipt of the said notice. The said notice was duly received by the Opposite Party but neither they paid the above amount to the complainant nor replied to the said notice. Hereto annexed and marked as Ex. `F’is the copy of the above notice and its acknowledgment. 10.  The Complainant states that the amount offered by the opposite party for the loss of above articles is much less then the actual amount of the lost articles. The opposite party is responsible for the compensation of the lost articles according to the claims made by the complainant. The opposite party ought to have taken sufficient and adequate steps to avoid the loss due to its negligence and inefficiency. The opposite party is negligent in handling the above baggages of the Complainant. Because of the negligence of the Opposite Party, the Complainant has lost the above articles from his suitcase. All the articles, which are carried by the passengers with them, are kept in the custody of the crew members of the flight and the said crew members are duty bound to handle with care the above articles. If any articles are lost and/or damaged during the travel by Air flight, then the negligence can be imputed on the part of the Airlines. In the above case the Complainant had trusted his baggage with the Airlines during his travel from London to Mumbai and the said baggage had been damaged during the travel. The Airlines did not handle the said baggage with due care and therefore they are negligent in handling the said baggage and therefore there is deficiency in service on the part of the Opposite Party. 11.    Ex.G The total claim of the Complainant is Rs. 2,18,463/- as per the particulars of the claim annexed hereto as Ex.`G’which is less than Rs.5 lacs and the cause of action arises in Andheri, Mumbai, hence the district forum has the jurisdiction to try and entertain this complaint. The complainant when arrived at the Mumbai airport he came to know about the lost articles. The complaint about the said loss articles was made at Mumbai to the opposite party and the opposite party made the offer for compensation from their office at Mumbai. Therefore, this forum has the jurisdiction to try and entertain the complaint. 12.  The complainant has not filed any complainant having the same cause of action in any other forum or court. 13.  The claim in the complaint is not barred by the law of limitation.In the circumstances, the Complainant therefore prays that: a.     the opposite party be directed to pay to the Complainant the sum of Rs. 1,48,463/- being a loss incurred by the Complainant on account of the negligence and inefficiency of the opposite party: b.    the Opposite Party be directed to pay to the Complainant the sum of Rs. 20,000/- being the cost of the legal expenses borne by the Complainant; c.     the opposite party be directed to pay to the complainant the sum of Rs.50,000/- being the cost of the visiting the opposite party, phone calls, follow up and mental agony and harassment suffered by the Complainant due to negligence and deficiency in service by the opposite party. d.    any other relief deemed fit and proper in the circumstances of the case. Dated this day of December 1999 Advocate for the Complainant Complaint VERIFICATION I, XYZ of Mumbai, Indian Inhabitant the complainant abovenamed carrying on business at 18, Raza Bldg., R.M Road, Mumbai -- 400 024 do hereby solemnly declare and state that what is stated in paragraphs no.1 to 10 of the above complaint is true to my own knowledge and what is stated in the remaining paragraphs is stated on information and belief and I believe the same to be true. Solemnly declared at Mumbai ) this day of December 1999 ) Before me Advocate for the Complainant BEFORE THE CONSUMER DISPUTES REDRESSAL DISTRICT FORUM AT BOMBAY ORIGINAL COMPLAINT NO. OF 1999. XYZ & & Complainant Versus Arctic Airways & Opposite Party PARTICULARS OF CLAIMS 1.             Loss of Articles a.     Two Sarees costing US $ 100 each b.    Two jeans costing US $ 90 each c.     Other articles 2.             Cost of damaged Suit case brand UNK 34,950 Belgium Frank In Rupees : 1,48,463/- 3.             Cost for visiting the opposite party, phone calls, mental agony And harassment Suffered by the complainant and time lost in the follow-up with the opposite party In Rupees : 50,000/- 4.             Legal expenses In Rupees : 20,000/- --------------------------------------------------------------------------------------- Total in Rupees : 2,18,463/- BEFORE THE CONSUMER DISPUTES REDRESSAL DISTRICT FORUM AT BOMBAY ORIGINAL COMPLAINT NO. OF 1999. XYZ, 18, Raza Bldg., R.M Road, Mumbai 400 024. & Complainant Versus Arctic Airways Mumbai Airport Terminal II A Sahar, Mumbai 400 099. & Opposite Party VAKALATNAMA I, XYZ, the complainant abovenamed do hereby appoint Mr. ABC to act, appear and plead for me in the above matter. IN WITNESS, WHEREOF, I have affixed my hands to this writing. Dated this day of December 1999 Accepted Complainant ADVOCATE N.B. I am not the member of the Advocate’s welfare fund BEFORE THE CONSUMER DISPUTES REDRESSAL DISTRICT FORUM AT BOMBAY COMPLAINT NO. OF 1999 XYZ & Complainant Versus Arctic Airways & Opposite Party ------------------------------------------------------------------------- ORIGINAL COMPLAINT ------------------------------------------------ DATED THIS DAY OF DEC.99 ADVOCATE FOR COMPLAINANT

AGREEMENT BETWEEN A COMPANY PROPOSING TO DEVELOP WEBSITE AND THE DEVELOPER FOR DESIGN AND MAINTENANCE OF WEBSITE  THIS AGREEMENT  made at………………..on this………………..day of..........2000 between Galaxy Co. Ltd., a company incorporated under the Companies Act,1956 and having its registered office ........... .........(hereinafter referred to as the "Galaxy" which expression shall, unless repugnant to the context or meaning thereof, be deemed to includes its Successors and Assigns) of the ONE PART and ALPHA Website Developer Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office ..................... (hereinafter referred to as the "Alpha" which expression shall, unless repugnant to the context or meaning thereof, be deemed to includes its Successors and Assigns) of the OTHER PART.   WHEREAS   (1)The Galaxy is interested to develop a World Website on Internet for furnishing information of its products and for advertising for the products of other companies/manufacturers/vendors. (2)The Alpha is a company having professional knowledge and experience of developing and maintenance of websites (3)The Alpha has offered to develop and maintain Website for Galaxy, which the Galaxy has agreed on the terms and conditions mentioned hereafter   NOW IT IS HEREBY AGREED BETWEEN THE PARTIES AS UNDER:   1.The Galaxy is engaging Alpha as an independent contractor for the specific project of developing and maintaining a World Website to be installed on the Galaxy's web space on an Internet Service Provider's (ISP) computer. The Galaxy authorizes Alpha to access the account and authorizes the ISP to provide Alpha with "write permission" for the Galaxy's web page directory, cgi-bin directory and any other directories or programmes which need to be accessed for this project. The Galaxy also authorizes Alpha to publicize their completed WorldWebsite to web search engines, as well as other  Web Directories and Indexes.   2. The Alpha will provide the following services in the Website to be developed for Galaxy. (a) E-Mail/Phone consultation (Upto 3 hours marketing and Web Design consultation. Telephone long distance charges are to be paid by Galaxy in addition to the rates payable to Alpha under clause of this Agreement). (b) Providing text of 50 web pages containing 200 words of each page. (The 200 words per page approximate maximum, if not supplied via diskette. Web pages of more than 1,00,000 words of text may be subject to additional fees, especially if they require a great deal of formatting). (c) Link to external pages upto an average of 2.5 per page. (d) Masthead graphic on first page (Simple custom graphic incorporating Galaxy's logo).Top-of-page graphic for all pages in the Website, colour full lines and bullets, and coloured and textured background. Minor manipulation of graphics Le. enlargement, reduction, etc. (e) Photo and other miscellaneous graphic. The images will be supplied by Galaxy or Alpha (The photo and graphic will be upto an average of 1.3 included per page in standard websites and regular on line store pages, in addition to masthead and top-of page graphic. The colour originals larger than 5" x 8" will be charged extra). Installation of Web pages on the Galaxy's ISP host computer (g) Minor updates and changes to existing Web pages for 1 year (This updating and changes only include upto one hour per page total, subject to the limits outlined below. Additional changes will be charged at hourly rate). (h) Site publicity to at least a dozen major Web search engines, such as Yahoo, Hot Mail, Alta Vista, InfoSeek, WebCrawler, Lycos, HotBot, etc. (i) E-Mail response link on each web page to any e-mail address as desired by Galaxy Feedback or guest book form. (The Basic CGI programme upto 20 fields included. If the Galaxy's ISP does not use a Unix Operating System, the Alpha will have to incur extra charges which will be reimbursable by Galaxy). (k) Image Map for internal navigation.   3. The Galaxy will supply the contents of the Web Pages and will  be executed by Alpha as specified by the Galaxy.   4. The parties agree that they will work together to complete the website in a timely manner. The Alpha agrees to complete the website not later than The Galaxy will supply the complete text and graphics contents for the website within 14 days of signing of this agreement.     5. The fee for the services described in this contract will be Rs. 10,00,000, which will be payable as under Rs. 1,00,000 on the execution of these presents Rs. 4,00,000 within one month of these presents Rs. 5,00,000 on the completion of the job The payment of Rs. 5,00,000 shall be paid after the construction of web pages according to the Galaxy's original written specifications The above fee includes upto 50 web pages. The graphics or photos beyond the allowed average of 1.3 per Web page shall be charged at an additional Rs.1,000 each. Transparencies will be charged extra @ Rs.1,200 each. If the Galaxy requests "Custom Graphic Package" the said job will be billed at the hourly rate specified below. In case the Galaxy has not secured Web space on an ISP computer by the time the Web pages are completed, the Web pages may be delivered to the Galaxy on diskette or attached to an e-mail message. The advertising the pages to Web search engines and updating will be done after the receipt of the payment by the Alpha. If the Galaxy does not supply the text and graphics contents of all Web pages within six weeks of the execution of this agreement, the entire amount of the contract will become due and payable. If the Galaxy does not submit complete text and graphics contents within one month after signing of this agreement, an additional continuation fee of 10% of the total agreed price will also be assessed each month until the Website is advertisement or agreement is terminated   6. This Agreement includes maintenance of Web pages for a period of one year upto an average of one hour per regular page, including updating links and making minor changes to a sentence or paragraph. The maintenance does not include removing nearly all the text from a page and replacing it with new text. If the Galaxy or an agent other than the Alpha attempts updating the Alpha's pages, time to repair Web pages will be assessed at the hourly rate, and is not included as part of the updating tie. The one year maintenance period commences from the date of execution of this Agreement. The changes requested by the Galaxy beyond those limits will be billed at the hourly rate of Rs. 250. The hourly rates shall also be payable for the work authorized beyond the maximums specified above for such services as Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-)

WEB LINKING AGREEMENT BETWEEN TWO WEBSITE COMPANIES Download Word Document In English. (Rs.40/-) Download PDF Document In Hindi. (Rs.40/-) THIS AGREEMENT  made at…………….on this…………….day of…………….2000 between Electronic Website Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered off ice (hereinafter referred to as the "Electronic" which expression shall, unless repugnant to the context or meaning thereof, be deemed to includes its Successors and Assigns) of the ONE PART and Online Website Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office ..................... (hereinafter referred to as the "ABC" which expression shall, unless repugnant to the context or meaning thereof, be deemed to includes its Successors and Assigns) of the OTHER PART.   WHEREAS   (1)The Electronic is providing online information and communication service by its website on the internet with the domain name www.abc.com and through Web linking providing access to many companies having website to post or transmit their texts on its website   (2) On Line is having website on the internet with the domain name www.xyz.com and desirous of access to various websites and for that purpose has approached the Electronic for providing access through web-linking   (3) After knowing the details about On line, the Electronic has agreed to provide access to On Line with the facility of posting or transmit its text on its website on the terms and conditions hereinafter contained.     NOW IT IS HEREBY AGREED BETWEEN THE PARTIES AS UNDER   (1) The Electronic declares that the entire contents of website www.abc.com are copyrighted under the Indian law and the proprietor of the copyright of the contents is Electronic. Under the linking arrangement, Online will be entitled only to print and download portions of material from the different areas of the website solely for its own non-commercial use. Online may make machine readable copy, one back up copy and one print copy of any portion of material downloaded from the website solely for its own non-commercial use. The Online will not be authorized to take any other copy, redistribution, retransmission or publication of any downloaded material from the Electronic's website.   (2)The On Line will also be entitled to post or transmit any text on the Electronic's website under its own name. The On Line agrees and undertakes that it shall not post any text on the Electronic's website which is libelous, defamatory, indecent, obscene, pornographic or which discloses private or personal matters concerning any person or violate the copyright, trade mark or other intellectual rights of any other person or harmful, threatening, abusive or hateful.   (3) The Electronic further declares that the text posted by On Line should not contain any file having viruses, worms, or any other contaminating or destructive features. The said text should not provide charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes.   (4) The Online agrees that it shall grant to Electronic the non  exclusive, royalty free, worldwide, perpetual licence with the right to sub-licence to reproduce, distribute, transmit, create derivative works of, display on Internet website, of the text, material, information posted by it on the Electronic's website.   (5) The Electronic declares that the website contains unedited material, and therefore some of which may be sexually explicit or may be offensive. Therefore the access by On Line of the website, shall be at its own risk and Electronic does not accept any liability or responsibility whatsoever for such material.   (6) The Electronic also declares that except for information, products or services identified as being supplied by Electronic, the Electronic does not operate, control or endorse any information product or services posted or advertised on its website on internet. The Electronic does not guarantee or warrant that files available for downloading on the website contain true or accurate data and will be free of infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. The On Line should have its own arrangement or system for checking the accuracy of data input and output and for reconstruction of any lost data. The On Line will be responsible to evaluate the accuracy, completeness, and usefulness of all opinions, advices, services, merchandise and other information provided through the Electronic's website. The On Line agrees that it will assume total responsibility and risk for access of the internet and Electronic does not make any express or implied warranties, representations or endorsements whatsoever, relating to the information/text/material available on its website on the Internet.   (7) The Electronic further declares and confirms that in any event it will not be liable for any claims attributable to errors, omissions or other inaccuracies in the information available on the website or any incidental, consequential or indirect damages arising from the use of or inability to use the website or any information, or transactions provided on its website or downloaded from its website.   (8) The On Line will indemnify and keep indemnified Electronic, its directors, officers, employees, agents, sub-contractors, licensors and any third party information providers to the website from and against all claims, demands, actions, proceedings, losses, damages, recoveries, judgments, costs, charges and expenses which may be made or brought or commenced against Electronic, its directors, officers, employees, agents, sub-contractors, licensors and any third party information providers to the website of which Electronic, its directors, officers, employees, agents, sub contractors, licensors and any third party information providers to the website may or may have to bear, pay or suffer, directly or indirectly arising resulting from any violation of this Agreement by the On Line   (9) This agreement may be terminated by the Electronic without any notice or reason. However the provisions relating to copyright, Licenses, access of the website, indemnification of this agreement will survive any termination of this Agreement. The Electronic reserves the right against On Line if it is found that it has violated any of the terms and conditions of this agreement in which event the On Line will bear the cost of such action.   (10) This Agreement will remain valid for a period of one year from the date of these presents. However the parties may renew this agreement for a further period of one year on the same terms and conditions by giving a fifteen days notice before the expiration of the period of this agreement.   (11)This agreement may be amended only by a writing signed by the duly authorized representatives of both parties and specifically referring to itself as amendment to this agreement   (12) Notices and other communications under this agreement shall be in writing addressed as indicated in the description of the parties herein or as either party may request in writing and the effective date of each is the date of its prepaid deposit in the mail for dispatch by air or such service properly addressed. Any notice sent by cable, telex or facsimile shall be deemed to have been served on the next day following the date of dispatch thereof.   (13) The parties hereto agree that they shall not be responsible for failure to perform of their obligations under these presents due to force majeure, which shall include but not be limited to fire, flood, strike, labour strikes and disputes, embargo put by the government of the country of any party, shortage of labour, raw material, or any other reason of such party. If the circumstances leading to force majeure occur, the affected party shall give notice thereof to the other party. If the circumstances or event of force majeure continue for a period exceeding six months, either party may terminate this agreement.   (14) Any relaxation, forbearance, delay or indulgence on the part of any party in enforcing any of the terms and conditions of this agreement or the granting of time by any party to the other party shall not prejudice, affect or restrict the rights of that party, hereunder nor shall any waiver by any party of any breach hereof operate as a waiver of any subsequent or any continuing breach hereof   (15) In case any dispute arises between the parties out of or in connection with this agreement, the same shall be referred to the arbitration of sole arbitrator, who may be appointed by the parties by mutual agreement. The venue of all proceedings relating to this agreement including Arbitration proceedings and proceedings before the Court will be …………….The proceedings held by the arbitrator in making the award will be in accordance with the provisions of Indian Arbitration and Conciliation Act, 1996 or any statutory modification thereof. The award of the arbitrator shall be final and binding on the parties.   (16) It is hereby agreed between the parties that the time is the essence of this agreement    (17) This agreement shall be executed in duplicate. The original shall be retained by the Electronic and the duplicate by the On Line.    (18) The stamp duty and all other expenses in respect of this agreement and duplicate thereof shall be borne and paid by the On Line   (19) The headings of the clauses of this agreement are meant only for convenience of reference and shall not in any way be taken into clauses account in the interpretation of these presents.     IN WITNESS WHEREOF  the parties hereto have executed these presents and duplicate copy thereof on the day and year hereinabove written.    Signed and delivered by the within named Electronic Website Co. Ltd., by the hands of Shri …………….Managing Director thereof in the presence of 1. 2.  Signed and delivered by the within named On Line Website Co. Ltd., by the hands of Shri …………….Managing Director thereof in the presence of 1. 2.