AGREEMENT

This agreement is made on this ______day of ______year 200__ between Haryana Agro Industries Corporation Limited having its registered office at SCO No. 825-26, Sector 22-A, Chandigarh (herein after called the Corporation) and Shri ______Resident of ______(herein after called the Vendor).

WHEREAS the Corporation has framed a scheme to popularize natural fruit juices amongst the

general public and for that purpose, proposes to set up Refrigerated Juice Vending Machines.

AND WHEREAS the Vendor has offered to market the reconstituted fruit juice / ready-to-serve-drinks by installing juice vending machine(s) through Kiosk(s) to be constructed by the Vendor at his own cost as per the design of the Corporation and his offer has been accepted by the Corporation.

Now this agreement witnesses and it is agreed and declared between the parities as under:

  1. That the Corporation itself supply the fruit juice/drink concentrates to the Vendor at a price to be determined by the Corporation on regular basis as per the demand of the Vendor. Although every effort will be made by the Corporation to supply material, yet, the Corporation does not bind itself to make supplies if it is not in a position to procure material from the suppliers/manufacturers for any reason whatsoever.
  2. That the Vendor shall pay administrative / Inspection charges to the Corporation or at the time of lifting at the rate of Rs. 6/Kg of Juice / drink concentrate & for a minimum quantity

of 1000 Kg per machine / kiosk in a calendar year and Rs 5/- Kg in case where the lifting

of juice concentrate etc is more than 1000 Kg. yearly on the quantity, above 1000 Kg. In

other words for the first 1000 Kg. advance charges of Rs. 6/- per Kg would be payable and thereafter Rs. 5/- per Kg. In case where the lifting of juice concentrate is less than 1000 Kg per machine per year the Vendor will be required to make good the balance of minimum amount of Rs. 6000/- payable per annum per machine by the year end (In case the Corporation is not able to supply 1000 Kg. / year, then as per actual. For this purpose, he will have to produce an NOC from the supplier). The administrative charges and minimum lifting clause of 1000 Kg. per year per machine will be considered for a calendar year and from the first consignment taken during the calendar year will have to pay in proportion to the balance.

  1. That the Vendor shall deposit the administrative charges alongwith the cost of fruit juice / drink concentrate by way of cash / draft either directly with the Corporation at the time of lifting the concentrate as per the terms of clause 1 of this agreement. The price of concentrate includes Admn. Charges. The Vendor shall furnish a cash security of Rs. 5,000/- (Rupees Five Thousand only) vide receipt No. ______dated ______to the Corporation for satisfactory functioning of the kiosk. No interest shall be paid for such security by the Corporation and will be refunded after leaving the business by the Vendor or in unavoidable circumstances for winding up of the activities by the HAIC and after clearing of final account of the Vendor.
  2. The Vendor will deposit a sum of Rs. 500/- per machine / kiosk in cash to the Corporation as licence fee one time at the time of execution of Vendor agreement.
  3. The Vendor will be required to sell minimum one MT of juice and tomato soup concentrate per annum / dispenser of the said kiosk.
  4. That the Vendor shall be bound by the terms and conditions of the agreements by which the possession of site is granted to the Vendor by the concerned General Manager of Haryana Roadways and also the terms & conditions of renewal thereof and shall also be liable to pay the rent of the kiosk / site fixed by the concerned GM, Haryana Roadways from time to time. The Vendor shall also be responsible for payment of other charges like, electricity charges, water charges, taxes, etc. to the concerned authorities.
  5. The Vendor shall deposit the rent with the appropriate authorities as per their terms and conditions and will submit photo copy of rent receipt of each month by 10th of every month to the Corporation.
  6. That the Vendor shall ensure proper quality of the juice, drink as per the standards of FPO and laid down by the Corporation, and the kiosk shall be open for inspection to the representatives of the Corporation / GM Roadways / supplier of fruit drinks concentrate at any time during the working hours. As the concentrate is to be constituted by adding purified water the Vendor shall install water purifier of “AQUAGUARD” or EQUIVALENT make of suitable capacity at the kiosk at his own cost. If at any time, the quality of dispensed juice / drink water is found to be below standard the, Corporation would be at liberty to destroy the stocks of such sub-standard goods without any compensation, issue warnings and / or also terminate the agreements forthwith besides forfeiture of security.
  7. That the Vendor will employ adequate staff at his own cost at the kiosk for the sale of products. He will also maintain hygienic standards at the kiosk. The responsibility for un-hygienic conditions would exclusively fall on the Vendor. The Vendor shall also procure, at his own expenses a refractometer (0-32 degree brix) which shall be kept at the kiosk during all working hours to enable the quality of the juice being dispensed to be checked.
  8. That in case the products are found adulterated / sub-standard on checking the samples by the Health Deptt. or any other authority the Vendor shall be liable for prosecution / penalty and the Corporation shall not be responsible for such lapses on the part of the Vendor.
  9. That the supplies of products will be made by the supplier in returnable containers and the Vendors agrees to deposit adequate security towards the cost of containers as demanded by the suppliers. This shall be come refundable after receipt of containers in safe and sound condition.
  10. That Vendor agrees to sell goods as per rates approved by the Corporation from time to time. The rates for 200 ml juice / tomato soup glass shall be Rs. for the present. However, these rates can be increased / decreased at the sole discretion of the Corporation. Price list will be displayed at the kiosk prominently visible to the customers. Not more than two hawkers shall be allowed in the stall.
  11. During the winter season, the Vendor shall sell Tomato soup through the kiosk in addition to the juice for which tomato concentrate / paste shall be provided by the Corporation on the same terms and conditions.
  12. That the Vendor shall be solely responsible for any lapse on his part with respect to any complaint filed before the Consumer Forum / Any other such Forums, or in any other court of law, and shall be dealt with by the Vendor at his own level & cost , the Corporation shall be kept indemnified by the Vendor in this regard.
  13. That the Vendor shall not sell or any or in other manner deal in the product(s) other than the product(s) supplied by the Corporation.
  14. That for the contravention of any local, State or Central laws by the Vendor on account of sale of juice through dispenser of other products, the responsibility shall be of the Vendor and / not the Corporation.
  15. The Vendor shall purchase and maintain the juice vending machine at his own cost.
  16. That the risk of unforeseen contingencies such as power cuts, break down of machine, etc shall be the sole responsibility of the Vendor.
  17. The Vendor shall attached the Juice Machine with a 3 step 1 KVA, 220 VAC Voltage Stabilizer of some reputed brand, besides earthing of machine, socket and board to avoid electric shocks.
  18. The Vendor shall construct the kiosk to house the juice vending machine as per HAIC standard design at his own cost. Copy of the art work and architectural drawing can be obtained if required by paying Rs. 300/-.
  19. Parties agree that Chandigarh Courts shall have territorial jurisdiction to entertain any dispute arising out of this agreement.
  20. This agreement shall be binding on the parties hereto as well as their successors, nominees and assignees.
  21. The Vendor shall retain the kiosk for a minimum period of two years from the date of signing of agreement with concerned G.M. Haryana Roadways. In case the Vendor return the site before the expiry of two years, he will pay the administrative charges @ Rs. 6/- per Kg. of the shortfall quantity of concentrate (1000 Kg per annum) for the balance period of two years.
  22. Vendor will lift the fruit concentrate / tomato soups against payment of material and administrative charges of HAIC from their designated depots i.e. Farmers Service Center, Pipli (Kurukshetra) and Hissar at their own expenses.
  23. The Vendor will ensure the quality of concentrate before taking the delivery from the depots in sealed barrels. Any puffed / swollen barrels should not be accepted by the Vendors. After receiving the goods in sealed and good conditions the responsibility of the quality will be of the Vendors and he has to maintain the quality by using portable water in proper ratio of fruit concentrate and water for dilution, he has to maintain the required total soluble solids (TSS) of sugar percentage and acidity for pleasant taste. He may collect the photo-copy of the test report of concentrate alongwith material.
  24. In the event of breach of any / all clause of this agreement, the Corporation shall be at liberty to terminate the agreement without any notice and without any compensation whatsoever.
  25. In case of any quality problem in fruit juice prepared from the concentrate, supplied by the Corporation in sealed container, the sale liability will be of the Vendor.
  26. The Distributor / Vendor will not sublet or transfer the juice bar / site to any body without the consent / written approval of the Corporation failing which legal action against the Vendor can be initiated.
  27. The Vendor shall provide the photo-copy of the agreement made between him and the concerned General Manager, Haryana Roadways to the Corporation immediately after execution.
  28. In the event of any dispute arising out of the contract, the Managing Director, Haryana Agro Industries Corporation Ltd., for Chandigarh or his nominee shall be the Arbitrator, whose decision shall be final and binding on both the parties.

In witness whereof the parties above named have signed this Agreement on the date and day above mentioned in presence of the witnesses.

For and on behalf of HAIC

______

For and on behalf of Vendor

______

______

Witnesses:

1.

2.