Arbitration Clause In Building Agreement Legal Draft Template

Sometimes Arbitration clause assumes great importance in a

building agreement. Therefore, it should be drafted on the following lines.In case any dispute should arise between the owner and the

contractor, whether in respect of dealy in supply of materials by the owner or

delay in execution of work by the contractor, or the quality of the materials

so supplied or the quality of the work done or in respect of decorations or

alterations suggested or made or extra work required to be done and so executed

or not, or in respect or measurements or work done or required to be done, or

demand and payment for part or whole of the work done or not done or delay or

refusal in grant of architects certificate by the Engineer or its correctness

or touching the interpretation, fulfillment or breach of any of the terms of

these presents or in respect of deductions to be made or extra payments to be

recovered for work improperly done or not executed or in respect of work got

done through another contractor for default or breach or non-completion of work

agreed to be done under the particulars and for assessment of the value thereof

and fixation of liability for the same between the parties hereof or in respect

of any act or omission arising out of the performance of non-performance or the

obligations or duties pursuant to these presents, the said dispute or disputes

shall be referred to the arbitration and final award of a single arbitrator if

the parties agree thereto in writing (failing which to the arbitration of an

arbitrator to be appointed by the President of the Institute of Engineers ) (or

failing which to the arbitration of the municipal or corporation engineer or

any competent engineer or architect nominated by him in writing ) on a

reference made to him by any of the parties by notice in writing , a copy

whereof will be served on the other party at the address mentioned above or

such other address as may be notified by that other party sent by registered

post. The arbitrator shall be entitles to proceed ex parte after notifying the

parties by a reasonable notice as to the time and place therefor. The

arbitrator shall also be entitled to associate with himself a surveyor, if

necessary at his discretion. The arbitrator shall have power to reopen and

revise any certificate granted by the architect engineer under these present.AGREEMENT FOR APPOINTMENT OF SOLE SELLING AGENT BY MANUFACTURING

COMPANYAN AGREEMENT made on this..day of .BETWEEN

company, manufacturers of(hereinafter called the manufacturers) of

the one part AND..(hereinafter called the sole agent) of the other part.WHEREAS1. The manufacturers are

engaged in the manufacture of ..and are desirous of appointing a sole

selling agent for the sale of the same.2. The sole agent has

approached the manufacturers for appointment as the sole selling agent

forgoods of the manufacturers and is willing to perform the duties as such.NOW THIS AGREEMENT WITNESSES as follows :1. The manufacturers

appointas the sole selling agent for the goods manufactured by them for the

area comprisingThe sole agent shall have exclusive right to sell the goods of

the manufacturers in the afore-mentioned area.2. This appointment is

being made by the Board of Directors subject to the condition that the

appointment shall cease to be valid if it is not approved by the company in the

first general meeting held after the date of this appointment (Approval by the

company in the first general meeting held after the date of appointment is

mandatory under section 294 (2) of the Companies Act, 1956. [Arantee Mfg.

Corporation v. Bright (P) Ltd; AIR 1967 Bom 440].3. This appointment shall

last for a period of five years computed from the date of this agreement. It

may, however, be extended for further periods not exceeding five years on each

occasion. (Under section 294 (1) of the Companies Act, 1956, no company shall

appoint a sole selling agent for a term exceeding five years at a time.)4. The manufacturers

undertake not to sell their goods in retail below the following prices.5. The sole agent shall not

sell the goods in retail below the prices mentioned under CI. 4 of the

agreement.6. The following prices,

based on present market quotations, shall be payable the sole agent to the

manufacturers.7. For the first year the

prices mentioned in CI.6 shall be binding on the parties. Thereafter the prices

shall be liable to increase or decrease according to fluctuation in market

quotations.8. The sole agent shall be

entitled to a commission of 3-1/2 per cent. On the sale price of the goods.9. The sole agent shall

have 20 days credit for payment of price of goods after receipt of goods.10. The manufacturers shall

not effect direct sales of goods within the area mentioned in CI. (1). All

inquiries, orders and correspondence which the manufacturers receive in

relation to that area shall be forwarded to the sole agent to be dealt with.11. The sole agent may

appoint sub-agents and representatives for the area covered by the sole agency.

The manufacturers shall not enter into any correspondence or dealings, direct

or indirect, with them.12. The manufacturers agree

to execute the orders placed by the sole agent so far as the goods available

with them permit. Neither do the manufacturers guarantee minimum supply of

goods to the sole agent nor is the latter bound to place order for any minimum

quantity of goods.13. In case the terms of

this appointment are varied by the Central Government in exercise of its power

under section 294 (5) , Companies Act, 1956, this appointment shall, as from

the date as may be specified by the Central Government in its order of

variation of terms, be regulated by the terms and conditions as varied by the Central

Government.IN WITNESS WHEREOF, etc.