Ceat Loi
By: Rohit Jain • Research Paper • 3,729 Words • July 7, 2014 • 788 Views
Ceat Loi
Agreement for CEAT SHOPPE
THIS CEAT SHOPPE AGREEMENT (“Agreement”) dated this __ day of ______ 2014.
BY AND BETWEEN
CEAT Limited, a company incorporated under the Companies Act, 1956 and having its registered office at 463, Dr. Annie Besant Road, Worli, Mumbai - 400 030, India (hereinafter referred to as “Company”, which expression shall, unless repugnant or contrary to the context or meaning thereof, be deemed to mean and include its successors-in-interest and permitted assigns) of the FIRST PART
AND
………………………………………. A sole Proprietorship Concern owned by Mr. ……………………/ a Partnership Firm managed by Mr. ……………….., a Managing Partner / a Company incorporated under the Companies Act, 1956 having its Registered Office at …………………………………………………………………………….. Through its Authorized person Mr……………………….(PLEASE SELECT AND RETAIN AS APPPROPRIATE) hereinafter referred to as the “Dealer” (which expression shall include its successors and assigns) of the OTHER PART.
Company and Dealer shall be individually known as “Party” and collectively as “Parties” hereinafter.
Definitions:
1) Products: Products shall mean Tyres/tubes/flaps manufactured and marketed by Company.
2) Premises : Premises shall mean the location of CEAT Shoppe where the activities will be carried out by the Dealer.
WHEREAS
1. The Company is engaged in the business of manufacturing of Tyres/Tubes/Flaps under brand name “CEAT” and is desirous of opening CEAT Shoppe outlets through dealers across India as per its business requirements.
2. Pursuant to an LOI dated ________(Please put date of LOI) (Attached hereto), Company has agreed to appoint______(Please insert the name of Party) as one of its dealers for its CEAT Shoppe outlets in the State of _________ (Please insert the name of state) for selling Products and specialised services as set in Annexure/(s) hereunder on the term and conditions more particularly set out hereunder .
3. Dealer represents that it has set up necessary infrastructure and interior design of the Shoppe within stipulated period as agreed in LOI as a condition precedent and hence this Agreement is now being executed between the Dealer and the Company before inauguration of the CEAT Shoppe.
NOW THEREFORE, In consideration of the promises and mutual covenants contained herein, and other valuable consideration, the Parties agree as follows:
1) Term: The term of this Agreement shall be for a period of 5 (Five) years from the date of execution of this Agreement unless terminated earlier by either Party as provided herein.
2) Business relationship: It has been agreed between both the Parties that this Agreement shall be on Principal-to-Principal basis and as independent Parties. Dealer shall abstain from representing that it is an agent/partner/employee of Company to any third party during the term of this Agreement.
3) Representations and warranties of Dealer:
Dealer has represented and warranted that:
a) It is competent to enter into this Agreement.
b) It is not barred under any applicable law from entering into this Agreement.
c) It has the necessary and required expertise and manpower to conduct the business of CEAT Shoppe.
d) It shall only sell the genuine Products of Company and shall not indulge or cause to indulge in any spurious goods at any point of time.
e) it acknowledges that CEAT Shoppe policy and/or any other Company’s relevant policies form an inherent part of this Agreement at all times including any modifications thereof from time to time.
f) It shall execute such necessary documents in connection with this Agreement as may be required by the Company from time to time.
4) Obligations of the Dealer:
a) To employ competent personnel at its own cost who possess the required skills, expertise and experience for the sales and service.
b) To pay the Security Deposit Amount to the Company as per the CEAT Shoppe Policy.
c) To