Format
Agreement for the work of MSME DEFEXPO-2013
THIS AGREEMENT is made and executed on this ______ day of ________ two
thousand and thirteen
BETWEEN
The National Small Industries Corporation Ltd., a Government Company incorporated
under the Companies Act of 1913 (Act VII of 1913) having its Registered Office at
NSIC Bhawan, Near Okhla Indl. Estate, New Delhi-110020 & also having one of its
Branch Office at No. 6 & 7, West of Chord Road, Rajajinagar Industrial Town,
Bangalore-560044 hereinafter called as the ‘Corporation’, which expression shall
include its successors and assigns. ;
AND
Mr.________________________ S/o _______________________ residing at
_______________ and carrying on business under the name and style of
M/s._____________________ at _______________________ (Full Address)as
Proprietor (hereinafter called as the ‘Contractor’ which expression shall include his
heirs, executors, administrators, successors, legal representatives and assigns)
(In case Proprietor concern)
OR
M/s.____________________(Name of the firm with full address), a Partnership firm
carrying on business in co-partnership and acting through Shri.__________________
(name of the managing partner)
S/o_______________R/o_________________________ holding power of
attorney/authority dated____________________ from all the partners of the firm to
sign this agreement on behalf of the firm, hereinafter called as the ‘‘Contractor’’,
which expression shall include each partner or partners for the time being of the said
firm and their respective heirs, executors, administrators and legal representatives.
(In case of partnership firm)
OR
M/s._________________________(name of the Company/Co-operative Society), a
Company/Co-operative Society duly registered under the Companies Act, 1913/ 1956
/ Co-operative Societies Act having its Registered Office at
____________________________ and acting through Sh._______________ duly
S/O________________ R/o____________________ a Director/Member of the
Company / Co-operative Society authorised vide a Resolution no.
____________________ dtd._______________ passed by its Board of Directors/
Members in the Meeting held on ______________ to sign this agreement on behalf
of the Company / Co-operative Society hereinafter called the ’ ‘Contractor’’ which
expression shall include its successors and assigns
(In case of Company/Co-operative Society)
WHEREAS The ‘Corporation’ being desirous of having provided and executed
certain works mentioned in the Tender document,Viz. Conceptualizing, Designing,
Printing, Providing and erecting Stage, Mega Structure, Stalls, Seating ,Publicity
of event, Branding ,Sound, Light, Power,Marketing of Stalls (space),moblising
sponsorship and any Other arrangements on hire basis for MSME DEFEXPO-
2013, Bangalore and the ‘Corporation’ has accepted the Tender of the Contractor
for the execution and completion of the Works for Rupees _________________.
AND WHEREAS The CONTRACTOR has carefully verified the tender documents
and has satisfied himself by careful examination before submitting his tender
regarding the nature of work to be done which is stated in the Tender Document and
agreed to execute the work in the specified time stated in the Tender document.
NOW THIS AGREEMENT WITNESSETH & IT IS HEREBY AGREED AND DECLARED
AS FOLLOWS:
(1)In consideration of the payment to be made to the CONTRACTOR for the work to
be executed by him, the CONTRACTOR hereby covenants with the Corporation that,
the CONTRACTOR shall and will duly provide, execute and complete the said works
and shall do and perform all other acts and things mentioned in tender document or
described or which are to be implied there from or may be reasonably necessary for the
completion of the said works and at the said times and in the manner and subject to the
terms and conditions or stipulations mentioned in the terms and condition made in
Tender Document..
(2)In consideration of the due provision execution and completion of the said
works, the Corporation does hereby agree with the CONTRACTOR that the
Corporation will pay to the CONTRACTOR the respective amounts for the work
actually done by him and approved by the Corporation.
(3)The CONTRACTOR shall be allowed to enter upon the site for execution of
the works only as a licensee simplifier and shall not have any claim, right, title or
interest in the site there on and the Corporation shall be entitled to terminate such
license at any time without assigning any reason.
(4)The following documents shall be deemed to form and be read and construed
as part of this Agreement, viz:
a.i) Letter of Acceptance
a.ii) Terms & Conditions made in the Tender Document
a.iii) Declaration
a.iv) Authorization Letter: and
a.v) Any other document listed in the Contract Data as forming part
of the contract
(5)That powers conferred upon the Client by this Contract Agreement and all
notices, consents, directions and approvals to be given by the Client shall be in writing
and may unless otherwise expressly provided to any of the conditions aforesaid be
executed by any other Officer so authorized for the purpose. Any notice to be served on
the Contractor shall be deemed to be sufficiently served on the Contractor or sent by
registered post addressed to the Contractor at their registered office or sent through Fax
or the last known place of business or residence of any of the partner of the firm /
proprietor who are entering into this Contract Agreement. The period of notice under this
Contract Agreement will count from the date of receipt of notice by either side.
(6)If any dispute or difference arises between Corporation and the Borrower with
regard to the construction, meaning and effect of these presents or any part thereof or
any other matter under these presents like interpretation or termination of this
agreement, the same shall be referred to the sole arbitration of the Chairman of the
Corporation or such officer as he may appoint to be the Arbitrator. There would be no
objection that the Arbitrator is an employee of the Corporation, that he had to deal with
the matters to which this agreement relates or that in the course of his duties as an
employee of the Corporation he has expressed his views on all or any of the matters in
dispute or difference. The award of the Chairman or the officer so appointed by him shall
be final and binding on the parties to this agreement.
(a)In case, the arbitrator so appointed by the Chairman of the Corporation is
transferred, dies, neglects, or refuses to act as on arbitrator or resigns or is otherwise
unable to act for any reason whatsoever, it shall be lawful for the Chairman to appoint
another arbitrator in place of such arbitrator in the manner as aforesaid. Such other
person shall be entitled to proceed with the reference from the stage where the earlier
arbitrator left the proceeding.
(b)The venue of the Arbitration shall be at Delhi or at any other place where the
Regional / Branch Office of the Corporation is situated, at the discretion of the Chairman
and the Court at the respective places shall have exclusive jurisdiction to decide the
matter relating to the Arbitration referred to the above.
In witness whereof the parties thereto have caused this Agreement to be executed the
day and year first before written.
Signed and delivered for and on behalf Signed and Delivered for and on
of Corporation. Contractor
____________________________ __________________________
____________________________ __________________________
Date _______________________ Date ______________________
Place _______________________ Place ______________________
IN PRESENCE OF TWO WITNESSES
1.
2.
