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PURCHASER KONE
KONE ELEVATOR INDIA PVT. LTD.
7th Floor ,Agagrwal Corporate Heights
M/s Pradeep Sachdeva Design Associates A-7Netaji Subash Place
New Delhi
Delhi
4 Windmill Place,Ayanagar Village
Tel 011-47008622
Fax 011-47008622
New Delhi-110034 Contact Person Ashwani Bhat
Contact Person Tel 9871100399
Site Address
Taj Gateway Resort
Shimla
Signed For Purchaser 1(7) For KONE Elevator India Pvt Ltd
KONE SITC AGREEMENT
the PURCHASER, whose details are provided in 5% of the Contract Value upon commencement
page 1, (which term shall mean and include their of installation.
men, agents, authorized persons, Project Managers,
Architects, Electrical contractors, assigns, legal 5% of the Contract Value upon completion of
representatives) of the OTHER PART installation and handing over.
Price Validity
General Conditions
The accepted price will be valid for a period of 12
months from the date of this Agreement, subject to
Any communication for giving or issuing of adjustments as per IEEMA provisions. The price
approvals, certificates, consents, determinations, shall be subject to an escalation of minimum 10 %
notices and requests, these communications shall for further 12 months. Beyond 24 months from the
be in writing and delivered by hand (against receipt), date of this agreement, the prices shall have to be
sent by post or courier. Oral communication or re-negotiated between the parties.
commitments are treated as null and void. Under
extreme emergency, if oral instructions are given,
the same to be confirmed in writing by the receiving Taxes, Duties, Octroi, Etc.,
party to the instructing party within 5 days.
Contract value is inclusive of taxes and duties
1. This Agreement shall be in English prevailing on the date of this Agreement.
Language and in all respects be governed Notwithstanding anything to the contrary contained
by the laws of India. The Courts of herein, all existing and future taxes and/or
Chennai, India shall have exclusive governmental levies including but not limited to
jurisdiction in the matters connected to this increase in taxes and/or governmental levies due to
Agreement new imposts/ amendment/ variations to applicable
laws will be to the PURCHASERs account and the
PURCHASER shall pay the same without any demur
2. The documents forming this Agreement
or protest.
are to be taken as mutually explanatory of
one another. It supersedes all the earlier
Terms of Cancellation
correspondence except those specifically
In the event of cancellation of order by the
agreed and categorically excludes the
PURCHASER, the PURCHASER shall pay
terms and conditions of the PURCHASER.
cancellation charges to KONE as detailed below:
In case of any ambiguity or discrepancy
KONE shall issue necessary clarification
Signed For Purchaser 2(7) For KONE Elevator India Pvt Ltd
KONE SITC AGREEMENT
15% of the Contract Value, if the order is cancelled advisable to hold the construction till the revised
by the PURCHASER before the General GAD is approved by you.
Arrangement Drawing is prepared.
Approval of General Arrangement Drawing:
25% of the Contract Value, if the order is cancelled
within one month after the General Arrangement
Drawing is approved. Within six weeks from the date of receipt of GAD,
the same should be returned to us, duly approved by
80% of the Contract Value, if the order is cancelled you. KONE reserve the right to charge extra for
after two months of the approval of General subsequent GAD revisions if full site particulars are
Arrangement Drawings. not made available to us at the time of placing of the
order (or) any modification is desired regarding the
90% of the Contract Value, if the order is cancelled building structure resulting in revision of GADs
after intimation that materials are ready for dispatch.
b. becoming bankrupt or, being a company, going On compliance of Payment Terms, KONE shall
into liquidation, other than for the purpose of a deliver the materials for each Elevator by the end of
scheme of reconstruction or amalgamation, then, ..........................months from the date of receipt of
KONE may give notice requiring the PURCHASER approved GAD provided the elevator shaft, entrance
to remedy the default within 28 days after receipt of ways, machine room including 3 phase power supply
the notice. are made available as per the agreed terms.
Signed For Purchaser 3(7) For KONE Elevator India Pvt Ltd
KONE SITC AGREEMENT
Elevator materials, components and assemblies will The PURCHASER shall be liable for all damages
be inspected and approved by our Quality Control suffered by KONE and/or other persons, due to
Department at our manufacturing works and at our unsafe site conditions.
suppliers works prior to despatch to site.
Signed For Purchaser 4(7) For KONE Elevator India Pvt Ltd
KONE SITC AGREEMENT
All work will be performed during our regular working Extension of Time
days except for minor emergency adjustment call
back service which will be provided during regular KONE shall be entitled to such extension of time to
working hours. No work or service other than that its time for completion as is reasonable in the
specifically mentioned is included or intended circumstances in the event the works is delayed due
to i) suspension of the works for reasons not
Force Majeure attributable to KONE, ii) work by the PURCHASER
or third parties not having been timely provided as
KONE shall not be liable for any loss, damage or agreed between the PURCHASER and KONE, iii)
reasons attributable to the PURCHASER or third
delay due to any cause beyond KONEs reasonable
parties or their respective servants, agents or other
control including but not limited to lack of shipping contractors or sub-contractors, or iv) a force majeure
space, embargoes, acts of God, strikes, lockouts, event. In the event the time for completion of works
bandh, fire, accident, explosion, theft, floods, riots, is extended for reasons set out in items i)-iii) above,
civil commotion, war, malicious mischief, enemies, KONE shall be entitled to recover from the
PURCHASER all substantiated costs, including but
terrorism, power shortage, delay in supplies of raw not limited to storage costs and demobilization and
materials and components either at our supplier's remobilization costs, incurred by KONE as a result of
works or at our works due to any or all of the such extension of time.
reasons such as energy crisis, power cut, rail /
road transporter's strike, go-slow, non-availability of
Intellectual Property Rights
essential raw materials (iron & steel, aluminium,
copper, silver, brass, stainless steel, various alloys,
Notwithstanding anything contrary contained in this
electrical grade steel etc.), or act of a third party. Contract, KONE shall retain title and ownership of all
intellectual property rights relating (whether directly
KONE or purchaser shall intimate, in writing, within or indirectly) to the Equipment provided by KONE,
two weeks of occurrence of the force majeure including but not limited to software, firmware,
conditions as defined in the clause hereunder to the drawings, technical documentation or other technical
other party together with an estimate of the likely information delivered under this Contract. The
duration of the persistence of the force majeure PURCHASER shall not use or copy any drawings,
condition technical documentation or other technical
information supplied by or on behalf of KONE for any
Limitation of Liability purposes other than those directly related to the
Contract or to the use and maintenance of the
Equipment.
Notwithstanding anything contrary in this Agreement,
including any indemnities, in no event shall KONE
be liable to the PURCHASER or third party for any KONE grants the PURCHASER a non-exclusive and
loss of profit, loss of use, loss of contracts, loss of non-transferable license and right to use the
business, loss of customers, loss of good will, software and firmware delivered with or related to
contractual liabilities of others or for any indirect or the Equipment in connection with the use and
consequential loss or damage, which may be maintenance of the Equipment. The PURCHASER
suffered by the PURCHASER or such third party in shall not in any form copy, modify or reverse
connection with this Agreement.KONE shall not be engineer the software, or allow any third party to do
liable for any expenses or repairs which are the same.
incurred by the PURCHASER without the specific
written approval of KONE. Dispute Resolution
Arbitration
KONE shall have no liability to the PURCHASER or
any third party under or in relation to this Agreement
after the expiration of the defects liability/warranty In the event of difference or dispute arising out or in
period. connection with this agreement, over the rights or
obligation of parties, the dispute would first be
attempted to be resolved by consultations between
Signed For Purchaser 5(7) For KONE Elevator India Pvt Ltd
KONE SITC AGREEMENT
the parties. Upon failure of such mutual h. Providing safe load capacity of load hook
consultations, the dispute or difference would be with fluorescent colour in machine room
referred to Arbitration of a Sole Arbitrator, to be along with structural engineers certificate.
appointed by KONE and the provisions of the i. providing Exhaust fan & or smoke window
Arbitration and Conciliation Act, 1996 shall be as & wherever necessary
applicable to such Arbitration.
The PURCHASER shall perform all civil work in
For the purpose of jurisdiction, the Courts in the City consonance with the approved General
of Chennai shall have jurisdiction in relation to Arrangement Drawing. The PURCHASER shall be
Arbitration and any other remedy under this liable for all delay and expenses and shall
agreement. adequately compensate KONE, on account of
KONE, having to modify or alter equipment or other
requirements on account of deviations in the
PURCHASERs Covenants and Obligations General Arrangement Drawings.
Signed For Purchaser 6(7) For KONE Elevator India Pvt Ltd
KONE SITC AGREEMENT
Signature :
Signature :
Name :
Name :
Designation :
Designation :
Date :
Date :
Signed For Purchaser 7(7) For KONE Elevator India Pvt Ltd