Plumbing & Flooring SERVICES AGREEMENT
This Services Agreement (the "Agreement") is made at Gurugram, on
this September 9, 2024 ("Effective Date")
BY AND BETWEEN
Mr. Pankaj Kumar, resident of the following address: Mr. Pankaj Kumar,
___________________________________________________________________
____________ (hereinafter referred to as the "Service Provider" which
expression shall unless excluded by or repugnant to the subject or context be
deemed to include its legal heirs, administrators and permitted assigns) of
the ONE PART
AND
Mr. Vikas, resident of the following address: H No 43, Sarai Wala Rasta, Near
Masjid Wali Gali, Ashok Vihar Phase 3, Gurugram-122001, Haryana (hereinafter
referred to as the "Client" which expression shall unless excluded by or repugnant
to the subject or context be deemed to include its legal heirs, administrators and
permitted assigns) of the OTHER PART
(The Service Provider and the Client shall hereinafter individually referred to as
"Party" and collectively as "Parties")
WHEREAS
A. The Service Provider is in the business of providing the Services (as defined
hereunder) and has the skills, qualifications and expertise required to perform the
Services.
B. The Client desires to engage the Service Provider to provide the Services and
the Service Provider has agreed to do the same.
C. Pursuant to the above, the Parties seek to enter into this Agreement to confirm
and record the terms and conditions on which the Service Provider shall provide
the Services to the Client and other Agreements in connection therewith.
1. DEFINITIONS AND INTERPRETATION
(a) "Applicable Law" shall include all applicable (i) statutes, enactments, acts of
legislature or parliament, laws, ordinances, rules, bye-laws, regulations, listing
Agreements, notifications, guidelines or policies of any jurisdiction; and (ii) judicial
quasi-judicial and/or administrative decisions, interpretations, directions,
directives, licenses, permits, judgments, writs, injunctions, arbitral awards,
decrees, orders, terms and conditions of governmental or regulatory approvals or
Agreements with any governmental or regulatory authority;
(b) "Approvals" shall mean sanctions, permissions, consents, validations,
confirmations, licenses, and other authorizations obtained and/or required to be
obtained from any Government Body;
(c) "Government Body" means any government authority, statutory authority,
government department, agency, commission, board, tribunal or court or other
law, rule or regulation-making entity having or purporting to have jurisdiction on
behalf of India or any state or other subdivision thereof or any municipality,
district, or other subdivision thereof;
(d) "Services" means the services provided as follows:
1. I, Mr. Pankaj Kumar accepts an agreement from Mr. Vikas R/o H No 43,
Sarai Wala Rasta, Near Masjid Wali Gali, Ashok Vihar Phase 3, Gurugram to
renovate 4 Bathroom, 2 Kitchen & 2 Balcony are which includes labor cost
of Rs. 55000 and Chemical waterproofing (labor + Material) cost of Rs.
17000. I, Mr. Pankaj Kumar provides 3 years Guarantee of this renovation
work as well as no seepage and water leakage happens again in my
renovation work.
2. If any seepage or water leakage problem happening again in these 3 years
guarantee period then I, Mr. Pankaj Kumar will renovate all 4 bathroom, 2
Kitchen and 2 balcony by his own cost including all repairing materials as
well as labor cost.
3. If seepage and water leakage problem happened again in guarantee period
and I, Mr. Pankaj Kumar deny do this work in this guarantee period then I,
Mr. Pankaj Kumar will be responsible to pay Mr. Vikas the amount of Rs.
1,15000/- that Mr. Vikas has spent on the renovation as per the agreement.
and all other services that are incidental or ancillary thereto;
(e) "Term" means the period during which the Service Provider has provided /
shall provide Services in terms of this Agreement which shall be the period as
specified in Clause on (Term and Termination) of this Agreement.
(f) Interpretation
(I) The headings in this Agreement are inserted for convenience only and shall not
be ignored in construing this Agreement.
(II) Unless the context otherwise requires, in this Agreement:
(III) words using the singular or plural number also include the plural or singular
number, respectively;
(IV) words denoting any gender shall include all genders;
(V) the words "written" and "in writing" include any means of visible
reproduction;
(VI) the terms "hereof", "herein", "hereto" and similar words refer to this entire
Agreement and not any particular Clause, or any other subdivision of this
Agreement;
(VII) the words "include" or "including" shall be deemed to be followed by
"without limitation" or "but not limited to" whether or not they are followed by
such phrases or words of like import;
(VIII) references to any "person" include any natural person, corporation, judicial
entity, association, statutory body, partnership, limited liability company, joint
venture, trust, estate, unincorporated organization or government, state or any
political subdivision, instrumentality, agency, or authority; and
(IX) references to "Clause" or any other Agreement or document in this
Agreement shall be construed as references to the Clauses of this Agreement, or
such other Agreement or document, as may be amended, modified or
supplemented from time to time, and shall include a reference to any document
which amends, modifies or supplements it, or is entered into, made or given
pursuant to or in accordance with its terms.
2. SERVICES
(a) The Client agrees to avail the Services from the Service Provider and the
Service Provider agrees to provide the Services to the Client on the terms and
conditions specified in this Agreement.
(b) The Service Provider shall:
(I) Provide the Services in compliance with this Agreement and Applicable Laws. If
any Approvals are to be obtained for the provision of Services, the same shall be
obtained by the Client;
(II) Perform the Services (i) in a professional, diligent, and timely manner; (ii) as
per good commercial practices; and (iii) within the budget specified by the Client;
(III) Retain and utilize a sufficient number of qualified personnel to perform the
Services;
(IV) Ensure that all personnel who are deputed to perform the Services are
appropriately trained and qualified to perform such Services; and
(V) Devote the time and attention necessary to provide the Services in accordance
with the best of the industry standards and meet any quality standards as may be
specified by the Client.
(c) Unless otherwise authorized in writing, the Services Provider shall not have
any authority pursuant to this Agreement to commit the Client to any obligation
in any manner whatsoever with respect to third parties or to enter into any
contracts on behalf of the Client. The Service Provider shall not have, nor
represent itself as having, any authority under the terms of this Agreement to
make Agreements of any kind in the name of or binding upon the Client.
(d) The Service Provider shall keep the Client promptly informed of all material
matters which come to the Service Provider's attention relating to or affecting the
business of the Client or any matters concerning the provision of Services
hereunder by the Service Provider.
(e) The Service Provider agrees and acknowledges that:
I, Mr. Pankaj Kumar will use premium quality material in the renovation as per
this agreement after the consent of Mr. Vikas.
(f) The Services shall be provided at: H No 43, Sarai Wala Rasta, Near Masjid Wali
Gali, Ashok Vihar Phase 3, Gurugram-122001, Haryana. The Service Provider
agrees and acknowledges that the provision of Services hereunder may require
travel to different destinations and the Parties agree that the cost of travel and
accommodation shall be borne by Service Provider.
(g) The total budget for this shall be specified by the Client to the Service Provider
in Schedule B attached hereto. Service Provider agrees to manage the designated
budget responsibly and to confer with the Client in the event that there is any
possibility of overruns prior to such an event. Service Provider agrees to provide
the Client with all purchase or rental receipts and an itemized and annotated
accounting of all expenditures. The Service Provider agrees that all items
purchased with the Client's funds become the property of the Client.
(h) The Service Provider shall work for a minimum of: 20 Days for providing
Services to the Client during the Term of the Agreement.
(i) The Service Provider shall keep the Client informed regarding the time spent on
the provision of Services and in the event, that the time spent exceeds: 20
Days the fee payable shall only be increased if prior written approval is obtained
from the Client regarding time in excess of: 20 Days.
(j) In the event the Service Provider does not spend at least: 20 Days, the fee
payable shall be reduced proportionately based on the actual time spent or
otherwise as may be agreed between the Parties.
(k) The Service Provider shall complete the Services on or before the September
12, 2024. Notwithstanding any provision to the contrary, any dates, periods or
times specified by the Service Provider in the Agreement are estimates only and
no penalty shall be payable for delay in the completion of Services by the Service
Provider.
3. RECORDS
The Service Provider must maintain accurate records related to the services
provided under this Agreement throughout the term of the Agreement. These
records must be kept for a standard period of time as required by industry
practices and relevant laws. Upon request, the Service Provider must provide the
Client with copies of these records.
4. CONSIDERATION
(a) In consideration of the Services rendered by the Service Provider, the Client
shall pay to the Service Provider, the fixed fees of Rs. 72,000 (Rupees seventy-two
thousand only).
(b) The Fees payable by the Client shall be inclusive of all expenses to be incurred
by the Service Provider in the provision of Services hereunder.
(c) The Client shall pay the fee within a period of 7 (seven) business days from
receipt of the invoice from the Service Provider.
(d) In the event of delay by the Client in payment of fees to the Service Provider,
the Service Provider shall be entitled to stop the provision of further Services till
such time that the Client makes the payment of outstanding dues.
(e) In the event of any service(s) provided that are not included in the list of
services as specified in this Agreement, the Parties shall mutually agree upon such
services, fees and expenses.
(f) All payments to be made by the Client to the Service Provider shall be subject
to deduction of applicable taxes. The Client shall issue a requisite certificate
evidencing such tax deduction in accordance with Applicable Laws.
5. REPRESENTATIONS AND WARRANTIES
(a) Each Party hereby warrants and represents to the other Party that:
(I) It has full power and authority to enter into this Agreement and perform its
obligations hereunder;
(II) This Agreement has been duly executed by it and this Agreement constitutes
its legal, valid and binding obligation enforceable in accordance with the terms
contained herein;
(III) The execution, delivery, and performance by it of this Agreement does not
and will not (i) breach or constitute a default under its constitutive documents, or
(ii) result in a breach of, or constitute a default under, any Agreement to which it
is a party or by which it is bound.
(b) The Service Provider hereby represents and warrants to the Client:
(I) It will provide the Services in compliance with the provisions of this Agreement;
(II) It will act in good faith and use reasonable skill and care in the provision of
Services under this Agreement;
(III) It will comply with all Applicable Laws in the provision of the Services;
(IV) It has all requisite corporate and other approvals, licenses and permits from
relevant governmental authorities to provide the Services.
EXCEPT AS SPECIFIED ABOVE THE SERVICE PROVIDER MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND HEREBY DISCLAIMS
ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
6. TERM AND TERMINATION
(a) This Agreement shall commence on August 7, 2024 ("Commencement Date")
continue to be in full force and effect till September 12, 2024 ("Term"), unless
terminated as specified below. Thereafter, this Agreement may be renewed upon
the mutual consent of the Parties.
(b) This Agreement may be terminated as follows:
(I) By either Party upon providing written notice of 30 (thirty) business days prior
written notice to the other Party; or
(II) By the Client, in the event a material breach of any provision hereof is
committed by the Service Provider, by providing 15 (fifteen) days written notice
to the Service Provider with reasons of termination stated thereunder; or
(III) By the Service Provider, in the event a material breach of any provision hereof
is committed by the Client, by providing 15 (fifteen) days written notice to the
Service Provider with reasons of termination stated thereunder; or
(c) Notwithstanding anything to the contrary, provisions in respect of Dispute
Resolution, Indemnity, Limitation of Liability, and the other provisions of this
Agreement which are expressly or impliedly intended to survive the expiration or
termination of this Agreement, shall survive the expiration of the Term or any
termination of this Agreement.
7. OWNERSHIP OF INTELLECTUAL PROPERTY
(a) Client shall retain all right, title, and interest in and to Client's intellectual
property and no right, title or interest therein is transferred or granted to Service
Provider under this Agreement except for use in performing Services hereunder
and for no other purpose. Service Provider shall retain all right, title, and interest
in and to its own technology and information and, except as expressly set forth in
this Agreement, no right, title or interest therein is transferred or granted to
Client under this Agreement.
(b) In connection with the provision of the Services, the Service Provider may
generate, create, write, or produce literary works or other works of authorship
including, but not limited to, manuals, training materials, reports, advice,
methodologies, code, test data, analyses, studies, research, and documentation
(hereinafter referred to as "Work Product").
(c) The Work Product and copyright and all Intellectual Property rights in and to
such Work Product created and provided by the Services Provider to the Client
pursuant to this Agreement shall be owned by the Client.
8. FORCE MAJEURE
If and to the extent that a Party's performance of any of its obligations under this
Agreement, hindered or delayed by fire, flood, earthquake, elements of nature or
acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions,
or any other similar cause beyond the reasonable control of such Party (each, a
"Force Majeure Event"), and such non-performance, hindrance or delay could not
have been prevented by reasonable precautions, then the non-performing,
hindered or delayed Party will be excused for such non-performance, hindrance
or delay, as applicable, of those obligations effected by the Force Majeure Event
for as long as such Force Majeure Event continues and such Party continues to
use its best efforts to recommence performance whenever and to whatever
extent possible without delay, including through the use of alternate sources,
workaround plans or other means. The Party whose performance is prevented,
hindered, or delayed by a Force Majeure Event will immediately notify the other
Parties of the occurrence of the Force Majeure Event and describe in reasonable
detail the nature of the Force Majeure Event.
If the Force Majeure Event continues for a continuous period exceeding 30 (thirty)
days, the Parties shall mutually agree on the future course of action. However,
despite all efforts made by the Parties in good faith, if the Force Majeure Event
continues for a period of 90 (ninety) days, either of the Parties shall have the right
to terminate this Agreement by giving the other Parties notice of termination in
writing.
9. INDEMNITY
Only service provider ("Indemnifying Party") hereby agrees to indemnify and hold
the other Party harmless from all damages, costs, attorney's fees, or other losses
arising out of or relating to:
(a) breach of this Agreement by the Indemnifying Party;
(b) breach of any representation or warranty by the Indemnifying Party.
10. LIMITATION OF LIABILITY
Neither the Service Providers nor the Client will be liable for, nor will the measure
of damages include, any punitive or consequential or indirect losses or damages,
including lost profits or third-party claims arising out of or relating to its
performance or failure to perform under this Agreement. Liability for all punitive
or consequential or indirect losses or damages is hereby expressly excluded.
Notwithstanding anything contained in this Agreement, a Party's liability for any
loss or damage, direct or indirect, for any cause whatsoever (including, but not
limited to, those arising out of or related to this Agreement) with respect to
claims (whether third party claims, indemnity claims or otherwise) shall not under
any circumstances exceed the project amount.
11. TAXES
Service Provider shall be responsible for all taxes in respect of this Agreement
including without limitation payment of goods and services tax, if applicable, on
the Services provided hereunder.
12. NON-COMPETE
The Parties shall not use any Confidential Information directly or indirectly to
procure a commercial advantage over the other Party or otherwise use any
designs, ideas or concepts created by or belonging to the other Party without the
express written consent of the other Party.
13. SEVERABILITY
If any provision of this Service Agreement shall for any reason be held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof, and this Service
Agreement shall be construed as if such invalid, illegal or unenforceable provision
had never been contained herein. Any invalid or unenforceable provision of this
Service Agreement shall be replaced with a provision that is valid and enforceable
and most nearly gives effect to the original intent of the invalid/unenforceable
provision.
14. ENTIRE AGREEMENT
This Service Agreement constitutes the entire Agreement and understanding of
the Parties with respect to the subject matter hereof and supersedes any and all
prior negotiations, correspondence, Agreements, understandings duties or
obligations between the Parties with respect to the subject matter hereof.
15. NO OTHER RIGHTS GRANTED
Nothing in this Agreement is intended to grant any rights under any patent,
copyright, or other intellectual property rights of any Party in favour of the other,
nor shall this Agreement be construed to grant any Party any rights in or to the
other Party's Confidential Information, except the limited right to use such
Confidential Information in connection with the Services to be provided under
this Agreement. The Client or Service Provider shall not receive any intellectual
property rights in the Confidential Information of the other Party other than a
limited right to use the Confidential Information for the purposes specified in this
Agreement. All intellectual property rights shall continue to vest with the Party
disclosing the Confidential Information.
16. AMENDMENTS
Any change, alteration, amendment, or modification to this Service Agreement
must be in writing and signed by authorized representatives of both Parties.
17. DISPUTE RESOLUTION
(a) Any dispute(s) arising out of this Agreement shall, as far as possible, be settled
amicably between the Parties hereto failing which the following shall apply:
(I) Any dispute under this Agreement shall be referred to arbitration by a sole
arbitrator to be appointed jointly by the Parties.
(II) The arbitration proceedings shall be held in Gurugram in accordance with the
provisions of the Arbitration and Conciliation Act, 1996 or any statutory re-
enactment or modification thereof for the time being in force.
(III) The Parties agree that the arbitration award shall be final and may be
enforced as a decree.
(IV) The Parties further agree that subject to the above only the competent courts
at Gurugram shall have jurisdiction in all matters arising hereunder.
(V) The Parties further agree to keep the arbitration proceedings and the arbitral
award confidential.
(b) If either Party employs attorneys to enforce any rights arising out of or relating
to this Agreement, the prevailing Party shall be entitled to recover reasonable
costs and attorneys' fees.
18. INDEPENDENT PARTIES
Nothing contained or implied in this letter creates a joint venture or partnership
between the Parties or makes one party the agent or legal representative of the
other party for any purpose.
19. EXCLUSIVITY
For a period of: 1 week, commencing from the date of this Agreement, the Parties
shall not enter into discussions with third parties for transactions which are
similar to the Services being provided under this Agreement.
20. ASSIGNMENT
This Agreement shall not be assignable by any Party without prior written consent
of the other Party.
21. ANNOUNCEMENTS
A Party shall not make any news releases, public announcements, give interviews,
issue or publish advertisements or publicize in any other manner whatsoever in
connection with this Agreement, the contents/provisions thereof, other
information relating to this Agreement, the Confidential Information or other
matter of this Agreement, without the prior written approval of the other Party.
22. NOTICES
Except as otherwise specified in this Service Agreement, all notices, requests,
consents, approvals, Agreements, authorizations, acknowledgements, waivers,
and other communications required or permitted under this Service Agreement
shall be in writing and shall be deemed given when sent to the address specified
below.
In the case of Client:
Address: H No 43, Sarai Wala Rasta, Near Masjid Wali Gali, Ashok Vihar Phase 3,
Gurugram-122001, Haryana
In case of Service Provider
Address: Mr. Pankaj Kumar,
___________________________________________________________________
____________
Either Party may change its address for notification purposes by giving the other
Party 10 (ten) day's notice of the new address and the date upon which it will
become effective.
25. GOVERNING LAW
This Agreement and all issues arising out of the same shall be construed in
accordance with the laws of India.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT:
SERVICE PROVIDER:
________________________________________
Dated:
Mr. Pankaj Kumar
CLIENT:
________________________________________
Dated:
Mr. Vikas
Witness-1
________________________________________
Dated:
Name and address:
Witness- 2
________________________________________
Dated:
Name and address: