Agreement - Electrical
Agreement - Electrical
Agreement - Electrical
Agreement
is
made
at
MUMBAI
on
this
between Godrej & Boyce Mfg. Co. Ltd., a company
incorporated under the Companies Act, 1913, through its SSD
Division and having its registered office at Pirojshanagar,
Vikhroli, Mumbai 400 079, (hereinafter referred to as the
Company, which expression shall unless repugnant to the
context or meaning thereof deemed to include its successors
and permitted assignees) of ONE PART;
AND
M/s. Bless Electricals, a company incorporated under the
Companies Act, 1956 and having its registered office at Shop
no:5,COSMOSPARK ,Near Vijay Garden,Ghodbunder road,Thane400607 (hereinafter referred to as the Contractor which
expression shall unless repugnant to the context or meaning
thereof include its successors and assigns) of the OTHER PART.
WHEREAS :
A. The Company is engaged in the manufacture and
sales/service of security equipment/solutions.
B. The Contractor is engaged in the business of Electrical LT
Line repair & maintenance activities on the contract Basis .
C. The Company is desirous of appointing the Contractor on
independent contract basis to provide Services (defined
here in below) at the Company premises located at B 100,
Additional Ambernath MIDC, Anand Nagar, Ambernath East,
Dist. Thane, Pin 421506. (here in after referred to as the
Premises).
D. The Contractor represented that it has the necessary
professional experience, resources, manpower and
infrastructure and offered to the Company to undertake the
Services.
E. Pursuant to discussions and negotiations, the parties are
desirous of executing an Agreement to set out the terms
and conditions.
Now this Agreement witnesseth the terms and
conditions detailed hereunder:
1. The Contractor shall furnish at its own cost and expenses
the contract labour to the Company, on need basis from
15.
The parties agree that it is the duty of the Contractor
to see that all safety rules are followed by his Workmen
while in the premises of the Company. The Contractor
further agrees that his employees will wear/put on the
personal protective equipment provided by us while at
work. The Contractor confirms that the Company will in no
way be responsible for any accident which may take place
whilst carrying out the jobs and that necessary formalities
including statutory obligation has to be taken care of by the
Contractor.
16.
It is agreed by the parties that throughout the period
of this agreement or on its earlier determination, the
Contractor shall alone be liable for payment of any dues
and terminal benefits to his employees, including salary,
wages, bonus, provident fund, gratuity, maternity benefits,
payment under E.D.L.I & E.S.I. Schemes and any other
contributions prescribed by law and compensation under
Industrial Disputes Act, E.S.I. Act, Workmens Compensation
Act, etc. and the Contractor alone shall be liable to face
civil or criminal action that the Government, Municipal/local
authorities or private persons/firms may take against him
and he shall keep the Company indemnified in case the
Company is made a party to such proceedings and the
company shall recover all costs, fees, compensations,
damages, losses suffered or penalties paid by the Company
and/or its officers in all types of plaints, complaints,
petitions, claims, actions, proceedings, hearings, etc.
17.
Nothing contained in these terms and conditions shall
be construed as creating any relationship, either direct or
indirect, as employer and employee between the Company
and any persons employed by the Contractor. It is being
expressly understood and confirmed between the parties
that the contract is for the performance of work and not for
the supply of labour. The Company shall have no liability
legal or otherwise with regard to the said person/persons
nor shall such persons have any claim against the
Company for salary, wages, provident funds, gratuity or
any compensation or any other claims whatsoever and the
Contractor shall keep the Company indemnified and
harmless against all costs and expenses in respect thereof.
If at any time any such liability arises, then the Company
will be authorized to deduct an amount equivalent to the
liability from the unpaid bills of the Contractor or to recover
22.
The Contractor agrees that the unauthorized
disclosure or use of confidential information will cause
irreparable harm and significant injury, which may be
difficult to ascertain, thus, making any remedy at law or in
damages inadequate. Therefore, the Contractor agrees to
indemnify the Company for violation of this clause and
agrees that the Company may have the right to apply to
any court of competent jurisdiction for an order restraining
any breach or threatened breach of this Agreement and for
any other relief the affected Party deems appropriate. This
right may be in addition to any other remedy available in
law or equity.
The Contractor shall return all such data, information,
documents and records and copies thereof, relating to any
matters related to or arising out of this Agreement or in
providing the services, upon expiry or prior termination of
this Agreement or as may be requested by the Company
from time to time.
23.
In consideration of the Contractor undertaking all of
the duties and the responsibilities and obligations as per
this Agreement, the Contractor shall be paid by the
Company every month which is mutually agreed upon by
the parties for the work awarded by the Company. Incometax or any other government levy as applicable shall be
deducted at source on the entire contract value and the
Company shall issue necessary certificate/s for such
deductions to the Contractor.
24.
a) Either Party can terminate this Agreement by giving
a prior written notice of 30 days in advance to the other
Party without being liable for any kind of compensation
towards the other Party for any reason whatsoever.
b) This Agreement may be terminated immediately by the
Company on the happening of any of the following events
without any compensation to Contractor in the event
Contractor commits breach of the terms and conditions of
this Agreement or any act or omission, negligence or
misrepresentation by the Contractor or its workmen,
employee(s) or representative(s);
c) Upon the expiration or termination of this Agreement for
any reason, whether with or without cause, the Contractor
shall be entitled only to the undisputed consideration
accrued to it prior to the termination, subject to the dues
FOR
M/S
_________________________
______________________
VIJAY PAWAR
Shibu Joy
Manager
Propreitor
Factory Establishment - Ambernath
M/s.
Bless
Electricals
Witnesses:
1. Mr. Vishal Kansara
Gupta
1.
Mr.
Manish
ANNEXURE A
SCOPE OF WORK