This
Agreement made at ................ on this .................. day of ..........
2000, between A S/o B resident of ............................. (hereinafter
referred to as "the Employer", which expression shall unless
repugnant to the context or meaning thereof, be deemed to include his heirs,
legal representatives, executors and administrators) of the ONE PART and XYZ
Co. Ltd., a company incorporated under the Companies Act, 1956 and having its
registered office at ...................................... (hereinafter
referred to as "the Contractors" which expression shall, unless
repugnant to the context or meaning thereof, be deemed to include its
successors and assigns) of the Other Part.Whereas
the employer is desirous of constructing XYZ Bungalow and its vacant land
bearing Final Plot No. ............... Survey No. ............... Khasra No.
............ situate, lying and being at .................. Tehsil and District
................... (hereinafter referred to as "the said property")
and the contractors have offered to construct the same on a 'turnkey basis' and
also to prepare the site layout plans, preliminary sketch designs, architectural
drawings, structural drawings, service drawings and all other detailed plans
and drawings as may be necessary for the proper construction and completion of
the said works and also obtain necessary permissions from the Municipal
Corporation ........... and other local authorities for executing and
completing the said works as hereinafter specified upon and subject to the
terms and conditions set forth herein and the conditions set forth in the
special conditions hereto annexed and marked as Annexure 1 (all of which are
collectively hereinafter referred to as "the said works") at the rate
of Rs. .......... per sq. ft. of the built up area of the buildings
(hereinafter referred to as "the said contract amount").and
Where as The employer has agreed to appoint the contractors for the said works;
andand
Where as the contractors have requested the employer to execute these presents
which he has agreed to do so.Now
This Agreement Witnesseth as Follows:1.
In
consideration of the said contract amount to be paid at the times and in the
manner set forth in the Schedule of Payments hereto annexed, the contractors
shall on and subject to the said conditions, execute and complete the said
works more particularly described in Schedule 1 annexed hereto and shown on the
said drawings, strictly in accordance with the general specifications annexed
hereto and marked as Annexure III.2.
The
employer shall pay the contractors the said contract amount or such other sum
as shall become payable at the times and in the manner specified in Annexure
II.3.
For
the purposes of this contract, "built up area" means the total a
covered area of the building at floor level out-to-out measurement of wall
surface (architectural projection excepted) and shall be inclusive of staircase
and balconies.4.
The
contractors shall prepare layout plans and general building plans in
consultation with the employer and get the same approved by the Municipal
Corporation of ......................5.
It
is hereby agreed that the contract amount shall be inclusive of-a. Preparation
of the layout plans, general building plans, detailed architectural drawings,
sketches, structural drawings and designs for execution.b. Technical
supervision of the works.c. Obtaining
of permission and approvals from all the authorities for the construction,
supply of power, water, drainage and other services for the said works.d. Cost
of all materials for construction.e. Wages
of labour, technical supervisors, all other workers and staff required for
execution of the said works in accordance with the general specifications in
Annexure Ill.f. Cost
of all electrical, sanitary, and plumbing fittings.g. Cost
of all other items as mentioned in special conditions in Annexure I hereto.1.2.3.4.5.6.
The
layout plans, general building plans, detailed architectural drawings and other
drawings shall be and remain the property of the employer. All the drawings
shall remain in custody of the contractors during the progress of the work and
they shall deliver them to the employer on the performance of the said works or
termination of the contract.7.
The
employer may require alteration of the drawings and the nature of the work by
adding or omitting any items of work or having portions of the same carried
out. The employer shall make payment for the alterations at such rates as may
be mutually agreed upon.8.
The
contractors shall commence the work within 15 days of the handing over of the
site to them and complete the entire work within .......... months thereafter,
subject nevertheless to the provision for extension of time as provided in the
said conditions.9.
The
contractors, while carrying out the said works, shall comply with the
provisions of all laws, rules and bye-laws for the time being in force
affecting the said works and will give all necessary notices to and obtain the
requisite sanction of the concerned local authorities in respect of the said
works and will comply with the building and other regulations of such authority
and will keep the employer indemnified against all fines, penalties and losses
incurred by reason of the breach of the contractors of any such laws, bye-laws
and regulations.10. The
employer shall make all payments under this contract at
........................11. In
case any dispute or difference should arise between the parties, whether in
respect of quality of material used by the contractors or work done or in
respect of delay in completion of works or in respect of payment of extra work
required to be done and so executed or in respect of measurement of work done
or in respect of delay of payment to the contractors or touching the
interpretation, fulfillment of any of the terms of these presents or any other
matter arising out of or in connection with these presents or the carrying out
of the work, shall be referred to arbitration of two arbitrators, one to be appointed
by each party. The arbitrators shall appoint an umpire before entering upon the
reference. The arbitrators shall make their award within six months from the
date of entering on the reference. If the arbitrators do not make their award
within the stipulated period or have delivered to any party or to the umpire a
notice in writing stating that they cannot agree, the umpire shall forthwith
enter on the reference and shall make his award within three months of entering
on the reference or within such extended time as the parties may agree and in
the absence of such agreement, as the Court may allow. The arbitrators or
umpire, as the case may be, shall be entitled to consult any expert, after
previous notice to the parties, the cost whereof shall be borne by the parties
equally. The proceedings of the arbitrators shall be recorded in English, a
copy whereof shall be furnished to each party. The provisions of the
Arbitration and Conciliation Act, 1996 so far as applicable and are not
inconsistent or repugnant to these presents, shall apply to this reference to
arbitration. The cost of the reference and award shall be in the discretion of
the arbitrators, who may direct by whom and in what manner, the same or any
part thereof shall be paid. The award of the arbitrators or umpire shall be
final and binding on the parties and the parties, their executors and
administrators shall on their respective parts obey, abide by the award and
shall not challenge on any ground excepting fraud or collusion or error apparent
on the face of the award. It is hereby agreed between the parties that the
parties shall resort to arbitration, before filing any suit for the enforcement
of any right under these presents.12. This
agreement shall be executed in duplicate. The original shall be retained by the
employer and the duplicate by the contractors.In
Witness Where of the employer has set his hands to these presents and a
duplicate hereof and the contractors have caused its common seal to be affixed
hereunto and a duplicate hereof the day and the year first hereinabove written.Signed
and delivered by the hand of Shri a The common seal of XYZ Co. Ltd. was
hereunto affixedpursuant
to the resolution passed by the Board ofDirectors
at the meeting held on ....................... in the presence of Shri
.........................a directorof
the company, who has signed in token thereofSealSignaturesWITNESSES;1.2.