This agreement is made and entered at Jaipur on 20 th day of January 2018, between:
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1 This agreement is made and entered at Jaipur on 20 th day of January 2018, between: (a) M/s WINTRON CORPORATION, having registered office at 411,Evershine Towers, Amarpali Circle, Vaishali Nagar, Jaipur through its Authorized Person Mr. Vijay Kumar, who is authorized to enter into this agreement, herein after referred as Party of the First Part. And (b) M/s.., a Company incorporated under companies act 1956, (CIN No. ) having registered office at.,, India through its authorized person Mr., who is authorized to entered into this agreement Here in after referred as Party of the Second Part, - 1 -
2 Whereas the party of the first part is engaged in the business of IT Services like networking solutions, AMC, Computer rental etc. [Authorized person +91- ] Whereas the party of the second part is in need of. Nos. Desktop/Laptop/IT Prodcuts for office use purpose, therefore this agreement is entered into between the First and Second part on the following terms and conditions that: 1. The party of the first part will provide of following configuration on rental basis to the party of second part without transfer of control and lawful possession. (Without transfer of right to use such goods). Configuration of Desktop/Laptop:.. (Details of Systems is mentioned in Annexure 1 ) 2. The party of the second part has given a security cheque (Without Dated) of Amount Rs... (Rupees Only), Cheque No., Bank Name- equivalent to total cost of products. This cheque is for security purpose and returnable after completion of term subject to clause 7. The party of the second part has paid sum of Rs.. (Rupees. Only) through NEFT on., towards 1 Month advance rent of Rs. and 1 Month as interest free refundable security of Rs... for Desktop PC. 3. The party of the second part will pay a total monthly rent as mentioned below : Sr. Product Rent Per Total Total Cost Total Inc. Term No. Description Qty. Qty. Per Month 15% S.Tax To Total Rent Per Month 4. Rental Term: From to. 5. The terms & conditions of rent payment will be:- [A] 2 Months Rent will be paid in advance. [B] Post Dated cheques for balance term will be given by the party of the second part to the party of the first part which details are as mentioned in Annexure 2-2 -
3 6. The Party of the second part shall be responsible from the date of installation to take care of all Computers installed by the party of the first part of their office at. from all kind of damages viz fire, theft, etc. and in case such loss is caused to any computer provided by the party of the first part then, the party of the second part will be liable to pay cost of it, to be calculated on the basis of realizable value of that product. 7. If party of the second part will not return the products given by party of the first part in working condition (As it was at the time of installation) then party of the first part have right to deposit the above mentioned security cheque. 8. The party of the first part will be responsible for all types of maintenance of Computers relating to repairing of hardware parts. However in case of maintenance or break down of Computers due to negligence of staff, then responsible party is the party of the second part only. 9. Any authorized representative/employee of the party of the first part is free to visit the branch office of the party of the second part to inspect and verify the above said Computer/IT Products. 10. The computer is for the office at only, of the party of the second part and therefore, the party cannot shift/ remove/ transfer these or any Computers or its components without the permission of the party of the first part. 11. The party of the second part promises to keep these Computers insured at all times till the Computer is installed at their office. 12. The Computer is purely on rental basis for agreed contract period and on returnable basis. 13. The Computers have been installed in good and working condition and the party of the second part has verified and is satisfied in all means with reference to the quantity, specifications, installation and proper working. 14. The hardware related problems will be attended by the party of the first part within 24 Hours, Software / Internet / virus / network related problems would be excluded. Loss caused to the system due to handling by unauthorized person will have to be compensated by the party of the second part immediately. 15. The party of the first part is only responsible for the equipments supplied and not for any software related problems. Software, Internet, Network & Virus related problems would not be the Party of the first part responsibility. If the computers are seized for piracy of software, the party of the second part is responsible to pay the principle amount of computers. 16. The party of the first part will not be responsible for any loss of data that may be caused due to Hard Disk failure or any other machine failure. The party of the second part is advised to take regular backups to avoid loss of data
4 17. Service tax & other taxes (if any) applicable in this transaction/ dealing will be borne by the party of the second part only. 18. This agreement shall in all respects to governed by and construed in accordance with the laws in force in India. 19. Licensing/ Legalization of software responsibility will be managed by second party only. 20. The party of the second part should provide proper earthing & safe electric supply to the equipment. 21. Termination of contract/agreement before lease period is subject to 50% payment of the balance rental duration by the second part. 22. Any dispute or difference arising between the parties here to regarding the meaning or effect or obligation of the parties under this agreement will be referred to a sole Arbitrator appointed by the mutual consent of both the parties and the decision of the said sole arbitrator will be binding and final for both the parties. The venue for the arbitration will be under Jaipur jurisdiction. This agreement is signed on this... Signature on behalf of Customer M/s. Signature on behalf of M/s WINTRON CORPORATION. (Authorized Signatory) (Authorized Signatory) Witness: 1). 2)
5 Annexure 1 Rent Total Delivery Signature Sr. Product Total Per Gross Service Rent Per Challan Delivery Rental No. Details Qty. Rent Tax Date Term Qty. Month No. First Part Second Part To
6 Annexure 2-6 -
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