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. Onm 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.