S. No. |
DETAILS |
PARTICULARS |
1 |
NAME OF WORK: |
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2 |
SCOPE OF WORK: |
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3 |
MATERIAL |
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4 |
RATE |
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5 |
VALUE OF WORK |
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6 |
QUALITY |
You will be fully responsible for good quality supply to the satisfaction of the client/consultant
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7 |
PAYMENT TERMS |
Invoice submission bill be on fortnightly basis
Payment towards running bills shall be made within 30 days based on the certified quantities by us.
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8 |
SUBMISSION OF INVOICE |
Hard Copy duly signed by you or your representative |
9 |
BANK DETAILS |
Mode of Payment: NEFT/RTGS
Name:
A/c Number:
IFSC Code:
Branch Address:
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10 |
TAXES AND DUTIES |
Prices are including all other taxes rates and duties but exclusive of Goods and Services Tax (GST).
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11 |
GST |
As per the govt. rules and regulations |
12 |
STATUTORY COMPLIANCE |
Second Party shall comply with the provisions of all statutes, ordinances, rules and regulations
applicable to the Services agreed to be provided pursuant to this work order and shall obtain all
necessary registrations, licenses, approvals and sanctions under the laws applicable. Service
Provider confirms that it has and shall comply with all the requirements of the statutory
authorities in respect of Contract Labour, provident fund, ESI, gratuity, bonus, leave wages,
professional tax etc. |
13 |
WARRANTIES AND REPRESENTATIONS |
Second party represents and warrants in relation to itself to the other that:
- It has all necessary statutory and regulatory permissions, approvals and permits for the
running and operation of its establishment for the conduct of its business.
- The execution and performance of this work order/agreement by either of the Parties does not
and shall not violate any provision of any existing work order/agreement with any other
Party.
- It has the requisite skills, experience, expertise, and manpower required to efficiently
perform and conduct services.
- It will perform its obligations under this work order/agreement in compliance with all
applicable and enforceable laws, ordinances and regulations and will obtain and maintain in
full force and effect, any permits, licenses, consents, approvals, and authorizations
necessary for the performance of its obligations hereunder and bear and pay and discharge
all financial liabilities arising there from.
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14 |
CONFIDENTIALITY |
Both the Parties recognize that in the due course of the engagement, it may be possible for both the
Parties to come across and know about certain confidential information (whether or not the
information is marked or designated as "confidential" or "proprietary") relating to the other Party
and its businesses including legal, financial, technical, commercial, marketing and business related
records, data, documents, reports, etc. without limiting to any other information (the
"Information"). Parties agree to keep all information of the other Party confidential and not to
disclose, without the prior written consent of the other Party, to any other person or use such
information other carrying out the purposes of this work order. Each Party shall take all steps as
may be reasonably necessary to protect the integrity of the Information and to ensure against any
unauthorized disclosure thereof. |
15 |
INTELLECTUAL PROPERTY RIGHTS |
This work order shall not affect the respective intellectual property rights vested in the Parties
to this work order. Nothing contained in this work order shall be considered as either Party
granting any license or permission to the other Party, to use its intellectual property rights.
Neither Party shall claim any rights over the proprietary information belonging to the other. |
16 |
DISPUTE RESOLUTION |
Any and all disputes, differences or questions relating to or arising out of this work order,
including without limitation, any questions relating to the existence, validity and enforceability
of any of the provisions of this work order (together “Disputes”), shall be submitted for
arbitration by a sole arbitrator appointed by the First Party under the provisions of the
Arbitration and Conciliation Act, 1996 as amended from time to time with. If the Parties fail to
reach a consensus on a sole arbitrator, each Party shall appoint one arbitrator and the arbitrators
so appointed shall jointly decide on a third arbitrator. The place of arbitration shall be Delhi.
The arbitral proceedings shall be in English. The decision of the arbitrator/s shall be final and
binding on the Parties. |
17 |
FORCE MAJEURE |
In no event shall either Party have any liability for failure to comply with this work
order/agreement, if such failure results directly from the occurrence of any contingency beyond the
reasonable control of the Party, including, without limitation, strike or other labour disturbance,
riot, vis major, power failure, war, natural calamities including but not limited to floods,
earthquakes, fire, volcanic eruptions, epidemics, pandemic, lockdown, national emergency, terror
attacks, interference by any government or governmental Supplier, embargo, seizure, or enactment or
abolition of any law, statute, ordinance, rule, or regulation (each a “Force Majeure Event”). In the
event that either Party is unable to perform any of its obligations under this work order/agreement
because of a Force Majeure Event, the Party who has been so affected shall as soon as be, after
coming to know of the Force Majeure Event, inform the other Party and shall take reasonable steps to
resume performance as soon as may be after the cessation of the Force Majeure Event. If the period
of non-performance due to a Force Majeure Event exceeds thirty (30) days, the Party whose ability to
perform has not been so affected may, by giving written notice, terminate this Agreement. Any
pending payments shall be made to the respective Party. |
18 |
WAIVER |
It is agreed by the Parties that giving of any time and/or delay in enforcing any of its rights
and/or its claim and/or any other remedy by the other Party, would not be considered to be a waiver
and the Party is entitled to enforce any of its rights and/or its claim and/or any remedy without
prejudice at any time, and delay in any of such claim shall not be considered to be a ground for
waiver and/or shall not be considered to be lapsed due to time gap in such claim. |
19 |
SEVERABILITY |
That in the event of any or more of the provisions contained in this work order/agreement, being
waived, modified, or altered, as provided, none of the other provisions hereof shall in any way be
affected or impaired thereby. If any of the provisions of this work order/agreement becomes invalid,
illegal, or unenforceable in any respect under any applicable law, the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or impaired. If any,
provisions of this Agreement become invalid, the Parties agree to substitute a new provision, which
fully serves the purpose of the invalid provision. |
20 |
APPLICABLE LAW & JURISDICTION |
The applicable law shall be the laws of India. The courts at Delhi shall have exclusive jurisdiction
over the disputes arising between the Parties. |
21 |
INDEMNITY |
Second party agrees to indemnify and hold harmless the first party and all its directors, officers,
agents, representatives, and employees, from and against any and all claims, suits, liabilities,
judgments, losses and damages arising out of or in connection with any claim or suit or demand, in
relation to the breach of any obligations under this work order/agreement, by the second party. |
22 |
ASSIGNMENTS |
The Parties shall not, without the prior written consent of the other Party, assign, change or
otherwise transfer, delegate, or share any provision of this work order/agreement to any third party
whatsoever. |
23 |
AMMENDMENTS |
No amendment or change hereof or addition hereto shall be effective or binding upon any of the
Parties hereto unless the same is reduced in writing with specific reference to this work order/work
order/agreement and executed by the Parties hereto. |
24 |
DIRECTOR/
SHAREHOLDER |
The relationship hereby established between the Parties is solely that of independent contractors/
service provider. This work order/work order/agreement shall not be interpreted as the creation of a
supplier, partnership, joint venture, or employer/employee relationship and Infralogix Energy Pvt
Ltd shall not be liable or be responsible for any act’s deeds of second party. |
25 |
TERMINATION |
The continuance of this work order will be subject to the satisfactory performance of the second
party during the work order period from the date of award of the contract and if found not
satisfactory, the work order will be liable to be terminated without assigning any reason there of.
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