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India Work Agreement by yuw71844

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									                                                NCSC LIABILITY CENTRAL PROCESSING CENTER




                          AGENT AGREEMENT
                                 (Super-Stockist)

This Agreement is made on _________ day of ____________ between National
Commodities Supply Corporation of India, having its Head quarters at Nagpur and it’s
A.O. at Tanishq Bhavan, Poonam Eishwyarya, Sadar, Nagpur – 13 and sign in his
Branch office at NCSC Liability Central Processing Service Centre, 8 th Samajbhushan
layout flat no. 102 Riddhi Sadnika, Wardha Road (Gajanan Nagar) Nagpur-15, through
its CEO and Executive Director of the one part and _____________________________
hereinafter   called    as     “The    Agent”      having    its    head     office    at
___________________________________________________________.Through it’s
_____________________________________________________________________.


Whereas the Company was interested in appointing an Agent (Super Stockist) for
________________________and also the Agent was interested in being appointed as
the Company’s Super Stockist for _________________________________________
the Agent approached the Company to act as the Company’s Super Stockist for
___________________________________to which the company has agreed to do on
terms & conditions as given here in under.


1. The Agent shall act as the Company’s Super Stockist for the area defined as
   ____________________________________________ for receiving warehousing
   safe storage and dispatching of the Company’s goods i.e. Sugar and other
   Commodities in the demand area. The Agent shall work the Superintendence,
   control and direction of the Company or the Company’s Authorised Representative.
2. The Agent shall appoint Dealers in the region in consultation with the Company after
   due verification of their financial, economic and character reports. All the Dealers
   should be appointed only after prior approval of the Company or the Authorised
   representative of the Company.
3. The Agent shall arrange a 2500 sq.ft. First class constructed godown to store the
   company’s said goods with prior approval of the Company. The shall be free from
   dampness and water leakage and sho uld equipped with proper electricity with wiring
   in conduit pipes, adequate fire extinguishers and no inflammable material should be
   stored either inside the godown or outside the godown within a radius of 20 yrs. The
   godown should confirm to the requirement of the insurance Company and/or the
   inspector of Explosives.

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                                               NCSC LIABILITY CENTRAL PROCESSING CENTER

4. The Agent shall be responsible to load and unload the Company’s said good and
   clear the consignment to __________by Railway and /or Road Transport and to
   book the good by Railway and / or Road Transport to the Company’s Dealers.
5. The Agent should ensure that the goods are received in proper and sealed condition
   if the Agent find any goods in damaged condition or not according to the normal
   Company’s packing policy, than the same should be suitably recorded for preferring
   a claim. The Agent should report such a matter to the Company within two days
   along with documentary evidence.
6. Dispatches of goods shall be made by the Agent in accordance with the Company’s
   instruction from time to time and all the Railway receipts /Road Transport receipts
   shall be made showing the Company as the Consigner.
7. The Agent shall also clear, transport and store at the godown unserviceable goods
   or goods in damage condition which may be received from the customers. The
   Company shall issue disposal instruction in respect thereof. The Agent is required to
   maintain proper showing the recept of such goods along with their disposal as per
   the Company’s instruction. The Agent shall not admit any claims or make any
   commitment on behalf of the Company unless the claims have been investigated
   and decided upon by the Company’s representative.
8. The Agent shall arrange to receive, accept and properly store all goods received at
   ____________ from the Company’s Factory / depots / customers and dispatch the
   consignments to various Dealers in accordance with the orders booked by the
   Company’s sales representative. Such dispatches shall be made by Railway /Road
   Transport as may be necessary or required by the Company immediately with
   utmost expedition.
9. The Agent shall delivery the Company’s goods to such Dealers as the Company’s
   sales representative may request from time to time. The Agent shall book orders of
   the Company’s said goods as per the Company’s prevailing price li st and on terms
   and conditions intimated to the Agent by the Company from time to time. The Agent
   shall not deliver the Company’s goods to any Dealers on credit beyond this limit
   specifically authorized by the Company in writing.
10. The Agent shall be responsible for collecting payment of sales proceeds in respect
   of the said goods and the same shall be deposited in the Company’s Bank Account,
   which shall be opened at Nagpur. The Agent shall not hold back any payment or
   make any delays in depositing the sales proceeds or the deposits. The Company
   will, without prejudice to its rights and remedies, charges interest on any amounts so
   withheld or deposited late at a rate of 18% per annum.
11. The Agent are authorised to sign the Company’s final invoice on behalf of t he
   Company in support of stock to deliver from the Agents warehouse as instructed by
   the Company from time to time.




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                                                NCSC LIABILITY CENTRAL PROCESSING CENTER

12. The Agent shall bear and pay the rent, electricity, water charges and municipal
   taxes in respect of the said godown. The Agent will be reimbursed rent of Rs. 10.00
   (Rs. Ten only) per tone as rent on basis of total quantity dispatch to the Agent.
13. The Agent at his own cost and expenses shall obtain and maintain all necessary
   permission, sanction and approvals of all government an other local authorities and
   other registration and licence on behalf of the Company. Wherever the Agent need
   the Company’s help in obtaining the Licences, the Company shall do so at its
   discretion. The Agent shall assist the Company in submitting and lodging complaints
   of the police authorities and claims to the insurance companies and such similar
   claims.
14. The agreement shall be effective and the Agent shall commence his activity only
   after obtaining all the necessary registrations, permissions and licence including
   required submitting copies of all such registrations, permissions, and licensing to the
   Company.
15. The Agent shall maintain the necessary registers, book and such other record as
   required under the state/Central Sales Tax Act and rules and also prepare monthly/
   annual sales tax return as required under the Act and rules in triplicate the original
   copy which should be sent to the sales tax office at the duplicate copy to the
   Company. The Company shall arrange the necessary sales tax payment.
16. The Agent shall permit the Company’s Authorised Representative and the auditors
   so appointed to inspect the said products storage facility, hooks of accounts,
   contracts, vouchers and other related documents relating to the receipt and
   dispatches of the said good and shall also be responsible to answer and satisfy all
   such queries as may be raised by the Company’s auditors/ Representative.
17. The Agent shall maintain proper records of the goods at the godown and the
   inventory should be posted and kept up to date in the registered and ledgers and
   the Company can at all times physically verify the physical inventory and its records
   through it authorized representative. Also, the Company may appoint auditors to
   verify the inventory at any time. The Agent shall also submit to the Compa ny every
   week such stock movement reports duly signed in the format as made available to
   the Agent by the Company.
18. The Agent shall maintain proper books of accounts and records for the amount
   received on account of collection, deposits and expenses incurred. The Agent shall
   on a weekly basis, send statement showing the same to the company.
19. The Agent shall not without obtaining previous written approval from the Company,
   at any time, destroy the stock lists, books of accounts, vouchers, invoices,
   statement, returns and any other document or records relating to the receipt of the
   goods, dispatches of the goods, inventory lists, collection of amounts and expenses
   incurred and other related business document.
20. The Agent shall take care thereof to avoid theft, pilferage, damaged and exposure to
   water, moisture, heat or such damages as a prudent man would do to his own


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                                                 NCSC LIABILITY CENTRAL PROCESSING CENTER

   goods. The Agent would be responsible for all such theft, pilferage, damage and
   exposure to water, moisture, heat or such damages to goods in his custody.
21. The Agent shall hold the goods in his godown as a trustee of the Company.
   Although the goods at the godown will be in custody of the Agent, the said stock
   shall always be the property of Company and the Agent shall have no rights or lien
   on the Company’s goods in respect of bill charges of any nature that may remain
   outstanding for payment or settlement the Agent shall be responsible for any
   shortages, loses or damages to the goods for any reasons whatsoever.
22. The Agent shall display a proper signboard of the Company at the godown and also
   install a notice board at a prominent place to the following effect.




                  Goods stored in this godown are the property of
                ‘NATIONAL COMMODITIES SUPPLY CORPORATION
                                       OF INDIA’


23. All insurance policies shall be in the name of the company and the company shall
   pay the insurance premium.
24. The Agent shall not make any representation and given any warranties In respect of
   the Company’s product other than those authorized by the Company from time to
   time.
25. The Agent shall always work for the interest and benefit of the Company as a
   prudent man would do to expand the business and the network of the Company.
26. The Agent shall at all times during the period of the contract and thereafter, keep the
   Company fully protected and indemnified against all loses and claims that may be
   incurred or made by the action of the Agents or their employees and the agent shall
   make sure that all such loses and claims are settled without recourse to the
   Company. In any event, the Company shall not be completed under law or by lawful
   order or any other reason to answer any off the claim. The Company shall be
   entitled to recover all the money go paid and or spent by the Company shall be
   within rights to adjust the amounts of such loses or claims against the Agent bill and
   in case the bill are not sufficient to meet such claims or loses, the Company shall
   adjust the same from thee Agents security amount.
27. The Agents expenses, which are to be reimbursed to him, will be paid on a quarterly
   basis.
28. The Agent shall not in any case deliver the goods to any Dealer without raising the
   invoices. In case of any defaults, an amount of Rs.2, 00,000/-(Rupees Two lacs
   only) per such defaults will be deducted from the Agents commission.
29. The Agent will be given an initial stock of ten Tonnes after receipt of the payment for
   the same. After the initial delivery, further goods will be sent to the Agent, within a
   period of seven to ten days from receipt of Demand Draft payable at NAGPUR by


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                                                NCSC LIABILITY CENTRAL PROCESSING CENTER

   the Company from the Agent. In case of late delivery of goods to the Agent by the
   Company, and amount of Late Delivery (LD) charges at the rate of Rs.1.00 (Rs. One
   Only) per bag per day of late deliver will be paid to the Agent by the Company.
30. The Agent will be paid a commission o n sales on a quarterly basis as rates given
   under SCHUDLE – A forming part of this agreement. All commissions paid to the
   Agent will be after deducting the TDS as per the IT Laws.
31. The Company may at its discretion issue Credit Note to the Agent if the Company
   feels that the Market Rate of the Product has reduced substantially.
32. The Agent with deposit an amount of Rs. 31.51 lacs (Rs.Thirty One Lac Fifty One
   Thousand Only) as security amount and processing fees with the Company. The
   amount of security to be maintained by the Agent with the Company may be
   increase at any time by the Company. The security amount shall not carry any
   interest and shall be refund only after one month of expiry of the agreement
   provided the Agent has fulfilled satisfactorily all the obligation under this contract.
   The Company is free to set off in part or full, any claims or losses against the
   security amount. The Agent shall replenish the security amount on any such set off
   against losses and claim.
33. As per the Company’s rules And regulations, an amount of Rs.2, 17,000 (Rs. Two
   Lac Seventeen Thousand Only) is taken at the time of this agreement as processing
   fees and service charges for a period of one year and after every one year, the
   processing feeds and service charges shall be paid by the Agent to the Company
   for each 15 years. Processing fees and service charges are utilized for the following



         Liaison               Marketing     Advertising        Services

         Collecting orders     Schemes       Renewals

         Official expenses     F.O.R.        Licensing


34. The agent shall have to achieve the targets given as Schedule-B of this agreement
   with the assistance of the Company. If, after the completion of the agreement
   duration of 15 years, the Company finds that the Agent has satisfaction achieved all
   the targets as laid down from time to time, the Company may at its desertion refund
   the processing fees and service charges in full or part thereof.
35. After the execution of this agreement, if the Agent may at any time want to
   discontinue this agreement for any reason whatsoever, he will be bound to continue
   as the Agent till the appointment of a new C & F by the Company or by the Agent in
   consultation with the Company.
36. The Agent shall not enter into any contract or agreement with anyone on behalf of
   the Company without the Company’s prior written approval.



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                                                  NCSC LIABILITY CENTRAL PROCESSING CENTER

 37. The Agent shall not assign or otherwise transfer rights, benefits, duties or obligation
      under this agreement to any other party.
 38. The Agreement shall remain valid for a period of 15 years but the same has to be
      renewed after a period of every one year.
 39. The Agent shall not change the constitution of their firm without prior written
      approval of the Company.
 40. This agreement is not an exclusive agreement and the Company is fee to enter into
      similar agreement with other parties also on such terms and condition as may be
      deemed fit by the Company.
 41. The company shall have right to terminate this agreement without assigning any
      reasons what so ever by simply giving a 15 days notice to this effect.
 42. All or any of the terms and condition of this agreement may be modified altered and
      varied and any new terms and condition may be added by the mutual consent of
      both the parties in writing
 43. In case of any disputes. All such decision taken by the appointed Arbitrator final and
      Will be binding on all parties her to and there respective and heirs. The venue of
      arbitration shall be NAGPUR city only and under
      Jurisdiction only NAGPUR.


                                         SCHEDULE-A


 Rates of commission as payable by the company to agent::
 Trade commission                                               At Paisa 7.00 per kg
Y.T.O. Commission
S.No.                           Year                        Commission rates %
                                    st
1.                              1 Year                      0.03%
2.                              2nd Year                    0.03%
3.                              3rd Year                    0.03%
4.                              4th Year                    0.03%
5.                              5th Year                    0.03%
6.                              6th Year                    0.05%
7.                              7th Year                    0.05%
8.                              8th Year                    0.05%
9.                              9th Year                    0.05%
10.                             10th Year                   0.05%
11.                             11th Year                   0.07%
12.                             12th Year                   0.07%
13.                             13th Year                   0.07%
14.                             14th Year                   0.07%
15.                             15th Year                   0.07%


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                                                NCSC LIABILITY CENTRAL PROCESSING CENTER

Referee Commission          At 8% on the deposits received from the Dealers appointed
                            by the Agent directly in consultation with the Company.
Promoters Commission       At 2% on the deposits received from the Dealers appointed
                            in the specified area by any one other than the Agent.


                                   SCHEDULE-B
                             TARGETS OF THE AGENT


   1. The agent has to appoint a minimum of 50 Dealers. The appointment of
      such Dealers Network should be achieved within a period of 90-180 days
      from the agreement date.
   2. The average weekly sales of goods through such a channel network should
       be a minimum of 5000 bags of sugar per week (10 tonnes per dealer per
       week)
   3. The agent will be responsible for collection of payment from the Dealer.


In witness whereof the parties hereto have affixed their respective hands on this
agreement in presence of the witness.


WITNESS;                                The party of the First part
                                        For N.C.S.C. of India
1. Name: _____________________             Name:_____________________


 Address: ____________________            Designation: ________________


  ___________________________


Signature: ___________________            Signature: ___________________


WITNESS;                                The party of the Second part


2. Name: _____________________             Name: ________________________


 Address: ____________________            Designation: ___________________


 ____________________________


Signature: ____________________           Signature: _____________________




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                                                 NCSC LIABILITY CENTRAL PROCESSING CENTER

                           STOCK AGREEMENT
              (COMMODITY- Sugar/ Wheat/ Rice/ Pulses)
     This Agreement is made on ____________ day of ______________2007 between
National Commodities Supply Corporation of India, having its Head quarters at Nagpur
and it’s D.O. at Tanishq Bhavan, Poonam Eishwyarya, Sadar, Nagpur –13 and sign in
his Branch office at NCSC Liability Central Processing Service Centre, 8 th
Samajbhushan layout flat no. 102 Riddhi Sadnika, Wardha Road (Gajanan Nagar )
Nagpur-15, through its      CEO and       Executive   Director of the     one   part and
___________________________________ hereinafter called as “The Agent” having its
head office at _________________________________________________ Through
it’s _______________________________________of the second part.


Whereas the Company has entered into an agreement with the Agent for the Super-
Stockist to act as the Company’s _____________________________for the area
_________________________________on the terms and conditions as herein under.


1.     The company has entered into an Agreement for ______________With the
       Agent and the Agent has made a payment of Rs________________________to
       the Company towards deposits and processing fees.
2.     The Company will give an initial stock of 200 mt. tonnes of the Company’s
       product to the Agent as initial stock of the conducting the business.
3.     The Agent shall arrange a first class constructed godown to store the company’s
       said goods. The godown shall be free from dampness and water leakage and
       should equipped with proper electricity with wiring in conduit pipes, adequate fire
       extinguishers and no inflammable material should be stored either inside the
       godown or outside the godown within a radius of 20 yrs. The godown should
       confirm to the requirement of the insurance Company and/or the inspector of
       Explosives.
4.     The Company shall always be the legal and owner of the stock kept with the
       Agent and the Agent shall have no right or claim towards this stock.
5.     The Agent shall handover duplicate keys of the godown to the Company and the
       Company Authorized Representatives shall have a right to enter the godown at
       any times to inspect the goods.
6.     The Agent shall not under any circumstance, send any quantity out of the
       stock/without the written consent of the Company’s authorized representative.
7.     In case the Agent issue and quantity out of the stick without the written approval
       of the Company’s authorized representative, the Agent shall be liable to pay to
       the Company the total sale value at the rate fixed by the Company, of the
       quantity misappropriated along with an amount of Rs. 2, 00,000/-(Rs. Two lacs
       only) as damages for every such instance of misappropriation.


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                                                   NCSC LIABILITY CENTRAL PROCESSING CENTER




Tip: The stock will be given by the Company through the Agent within a period of 15
days after the completion to release the.


In witness whereof the parties hereto have affixed their respective hands on this
agreement in present of the witness:


WITNESS;                                The party of the First part
                                            For N.C.S.C. of India


1. Name: _____________________              Name: _____________________


 Address: ____________________          Designation: _________________


 ___________________________


Signature: ____________________             Signature: ___________________




WITNESS;                                The party of the Second part




2. Name: _____________________                Name: ________________________


 Address: ____________________               Designation: ___________________


 ____________________________


Signature: ____________________               Signature: _____________________




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                                                NCSC LIABILITY CENTRAL PROCESSING CENTER




                   PART PAYMENT AGREEMENT

This Agreement is made on day of ______________________________2007 between
National Commodities Supply Corporation of India, having its Head quarters at Nagpur
and it’s A.O. at Tanishq Bhavan, Poonam Eishwyarya, Sadar,Nagpur –13 and sign in
his Branch office at NCSC Liability Central Processing Service Centre, 8 th
Samajbhushan layout flat no. 102 Riddhi Sadnika, Wardha Road (Gajanan Nagar )
Nagpur-15, through its      CEO and      Executive        Director of the       one    part and
_____________________________________hereinafter called as “The Agent” having
its head office at ________________________________________________Through
it’s Partner’s ______________________________of the second part.


Whereas the Company has entered into an agreement with the Agent to act as the
Company’s _____________________for the area _________________________on
the terms and conditions as herein under.


1.    The Agent, as per the agreement for _______________was supposed to pay an
      amount of Rs._________________________________as                      a    deposits   and
      processing fee against the same the Agent has made a part payment of
      Rs.________________         as     an     initial      amount    vide           cheque/DD
      No.__________dated________________on Bank________________________.
2.    The Company accepts the amount of initial payment from the Agent, and the
      Agent shall make the balance payment of Rs.______________ to the Company
      within a period of _________________ days.
3.    If the Agent makes a delay in making the payment of the balance outstanding
      amount, the Company shall not be responsible or liable for the same. Under such
      circumstances, the Agent shall cease to be an Agent of the Company for all
      purpose.
4.    Under the circumstance of delay in payment of the balance amount / non
      payment of the balance amount, the amount paid as the initial amount shall stand
      forfeited and the Agent shall have no right to claim the refund of the initial amount
      by way of suit or legal proceedings. The Company shall have a right to recover
      from the Agent such claims on account of loses suffered by the Company due to
      such non-payment of the balance amount.




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                                             NCSC LIABILITY CENTRAL PROCESSING CENTER



In witness whereof the parties hereto have affixed their respective hands on this
agreement in present of the witness




WITNESS;                              The party of the First part
                                      For N.C.S.C. of India


1. Name: _____________________        Name: _____________________


  Address: ____________________       Designation: ________________


   ___________________________


 Signature: ____________________      Signature: ___________________


 WITNESS;                              The party of the Second part




2. Name: _____________________           Name: ______________________


 Address: ___________________           Designation: __________________


  __________________________


 Signature:____________________         Signature:_____________________




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                                               NCSC LIABILITY CENTRAL PROCESSING CENTER




                                  AFFIDAVIT

          (To be executing before the office not below the rank of Tehsildar)


I, Shri.______________________________________ age________ years,


Add: ________________________________________________________


    Occupation: Business, Declare on oath as under


I have read the N.C.S.C. OF (I) AGREEMENT and all other terms and        condition there
in, I agree and believe that no change will be made, even of a word or clause or term
included in the agreement signed today by me and the C.E.O. of the Company.




                                                 Sign: __________________


                                                 Name: _________________




Sign, Before me




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                                                NCSC LIABILITY CENTRAL PROCESSING CENTER

                                   AFFIDAVIT
       (To be executing before the office not below the rank of Tehsildar)
I, Shri._____________________________________________ age_________ years,
R/o._______________________________________________________________
Occupation ________________________declare on oath as under.
1.    I am accepting the rank of broker ship/sub-broker ship/distributorship/agent/sub
      agent of the project under National Commodities Supply Co. of India, voluntarily
      and not under anybody’s influence and also by pursuing and understanding. The
      declaration (given in the registration form No._________________) and each
      and all statement and replies are true and correct; none of the portion is
      misleading.
2.    I have no right to admit or refuse the decision given by the company under the
      project, the commission / allowance or either to ask or challenge and such a
      decision being final will be binding on me.
3.    I have not been given any rights under the above mentioned project, if a decision
      has been taken to provide me assistance whether it should be continued, or not.
4.    The Official of the company have given complete right to take action leading to
      fine case include in canvassing against the Company’s credit in market or
      spread misunderstanding amongst       the people or mislead the customer for my
      personal gain.
5.    I am faithful to the company and my behaviour with the officials would be
      respectful and to obey there order will be my moral responsibility.
6.    The Company’s Officials will be entitles to make necessary action against me in
      Case, I am found guilty of financial misappropriation of the Company’s amount
      collected from the customers. I failed to credit such an amount into the
      Company’s branch or any such financial misdeed committed by me.
7.    Under the financial scheme for the customers essential commodities act under
      the supply scheme and mentioned in earlier paragraphs and also mentioned as
      such in my application or the affidavit that matter of statement and/or answer are
      found to be false or misleading. The Company disbursing financial to me has
      every right to reject to my application or to stop the financial assistance at any
      time.
8.    In case, the above statements are found to be false and misleading, the senior
      Officers will be entitled to take actions against me under section 420,167 and
      168.
The information given in the foregoing paragraphs is to the best of my knowledge and
information.


                                                        Signature: _________________
                                                        Name      : ________________



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NCSC LIABILITY CENTRAL PROCESSING CENTER




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