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Which as the party of first part made a purchase agreement with T.Clarke-PLC,
LDA, Guinea. FCO Ref. No. TCL/SEC01/AU0089/200298 Dated 11/11/2011.
The party of the second part holding bullion license with their name. Now the above
said two part decides to carry on a business of gold import from Guinea with
assistance of Purchase agreement of the first part and the bullion license of the
second part.
And where as the First and Second parts is desirous
agreement on the following terms and conditions.
1. The party of the first part has agreed to import au gold metal in the name of
the second part.
2. The party of the second part has agreed to utilize their bullion license to
import the gold from Guinea with the first parts purchase agreement with the
existing facilities in respect of commissions.
3. The party of the second part shall undertake all the import formalities with
government of India for the party of the first part.
4. The party of the second part shall pay all the rates and taxes for the buying
and selling transactions like Excise Duties, VAT and Income Tax TDS etc.,
5. The party of the second part shall pay a sum of @20% commission on
purchase bill rate of the Guinea to the party of the first part as commission
for the business agreement, the same will be paid on or before the purchase
date of every purchase bills.
6. The part of the second part shall pay the commissions will be paid
immediately and without delay to each purchase bills.
7. The party of the First part shall pay @0.25% to the party of the Second part
for the each purchase bills.
8. Entire import transaction rules and regulations of the government the party
of the second part shall complete without fail.
17.It agreed between both the parties that if any misunderstanding or dispute
arises in respect of this agreement, the same should be settled as far as
possible, by mutual consent across the table. However, if such disputes are
not sorted out mutually it would be referred to an arbitrator
acceptable to
both the parties as per the provisions of Indian Arbitration and conciliation
act decision of the arbitrator would be final and binding to both the parties.
18.Any dispute arising out of this agreement shall be subject to jurisdiction of
courts in Erode. Tamil Nadu.
It witnesses whereof the parties signed this agreement in presence of the
following witnsesses on the day month & year mentioned above.
Witness;-
1.
2.