Both the Parties have Agreed as Under :
1) That the First Party has agreed to supply the Free Raw material for the making of Paper Plates to the Second Party and Transportation Charges of Both side will be borne by the First Party.
2) That the Second Party has agreed to deliver the Finished / Prepared Goods (i.e
Paper Plates) to the First Party in Fine / Good Conditions as per given below :
a) The Paper Plates with the Mixing different Size's shall not be accepted and all Pieces shall be Same Size as per specifications of the First Party.
b) The Paper Plates shall be Nice and in Case of out of size Paper Plates Or any Complaint shall not be accepted by the First Party.
c) That the each Bunch of Paper Plates (as per specification) shall be Packed Lawfully with the Provided Polythin Bags Properly.
3) That the First party undertakes to given the Profit / Conversion charges of Rs.
200/- to Rs. 550/- per 1000 Pieces of 6" to 14" (inches) of Prepared Paper
Plates to the Second party and it may be differ time to time and the First party
will intimate the Second Party regarding changes in the Sizes of the Paper Plate
to match the Market Requirements and shall arrange for New Dies time to
4) That the Second party when ready with Prepared Paper Plates will inform the
First party to depute Distributer/ Sales Man to Collect the Finished Goods and Salesmen of the First Party will visit to the Place of Second Party Once on every
week to Collect the Finished Product and the Distributer / Sales Man of the First
party will make Lot wise Payment instantly in Cash only to the Second Party.
5) That the After Six Months Distributer / Sales Man of the First party will Release
the Payment duly deducting Rs.xxxxx/- Per Month ( Rs.xxxxx/- to be
Recovered) towards /Till the last and Final Payment of other / Second Machinery.
6) If the Raw Material or prepared Reels will Lost / Destroyed at the place of
Second Party, then the Cost of Raw Material will be charged Rs 80/- Per kg from the Second Party which will be adjusted from Deposited Security Money of
Second party, if required..
7) That the second party will assures the first party, that they will not approach
Market directly / indirectly after this M.O.U. for selling the Paper Plates and If
the Second Party is found selling the same to any other person, then Second Party shall give total Cost of Sold Materials and Rs.10,000/- also as penalty
charges to the first party.
8) That the first party will dispatch the Machinery (If required by the Second
Party) and Raw Material according the Production of Machine after receiving
the 75% payment of total amount in advance, and will install the Machine
within 03 days after receiving Balance 25% payment of Machinery from the
9) That the After Complete the Fitting & Training of the Second Party the First
party will dispatch the Raw Material in Advance According the Production of
Machine to Ensure Continuous Uninterrupted Production.
10) That the Paper Plate making Machine once sold will not be Taken Back or
Exchange in any situations / conditions as the first party purchased the said
machine as their own by giving the order of the same, for the Second party
But the Brand New Machine will have 5 years Warrantee in full and the First
Party will Provide Total Support to Ensure the Machine does not disrupt Agreed Production.
11) That During the Warrantee Period, If the Technician is Required by the Second
party in Future then the Second Party has to Arrange only Accommodation and
Meals / Food to the Technician / Trainer and the Technician / Trainer will
Ensure the Peak Production Capacities.
12) That the First party is Bound to Supply the Raw Material and to take Finished /
Prepared Goods from the Second Party atleast for Continuous Period, till the
Expiry of this M.O.U. otherwise will Refund the whole invested Money and the
First Party is not responsible for any Refund to the Second Party, if the Second
Party is not willing to Continue, till the Expiry of this M.O.U.
13) That this M.O.U. is valid for 5 (Five) Years, w.e.f. xx/xx/2017 to xx/xx/2022,
the Second Party will inform the First Party before one Month, Expiry of the Agreement. .
14) That, if the Second Party will not approach to the First Party within One Month
without any Correspondence / information, then the First Party has right to
Cancel the M.O.U. and the Second Party shall have no right to claim anything
against the First Party.
15) That any Dispute Arising out of the aforesaid Agreement shall be settled
through the Arbitration as per the provision of Indian Arbitration Reconciliation
Act, 1996, the both parties have the absolute power to appoint the sole
Arbitration whose award shall be binding on Both the Parties.