Bvm Puc Allotment Form - Bvm Business (Page 3 of 3) in pdf

14. Company will reimburse only the actual VAT paid by the PUC Holder subject to the condition that such claim for reimbursement is submitted

by the PUC Holder within 15 working days of filing of respective VAT return. No claim will be entertained after the said period.

15. The Company shall terminate/revoke allotted PUC with immediate effect and without any notice to PUC Holder in following and other

circumstances:-

A. If PUC Holder is declared insolvent or there is likelihood of his becoming bankrupt. or

B. He incurs heavy debts or

C. He breaches any of the terms & conditions stipulated herein and fails to rectify the same or fails to fulfill his duties and obligations despite

of directions of the Company within 30 days.

Upon termination/revocation of PUC for any reason: -

A. The relationship between the parties shall come to an end.

B. Any obligation which shall expressly or by implication is intended to remain in force even after the termination/revocation shall be given

effect in letters and spirit.

16. Such termination/revocation shall be without prejudice to any right of remedy of each party.

17. In case of expiry or earlier termination of PUC Holder’s agreement with the Company, the PUC Holder shall deliver to the Company forthwith

and without delay the unsold stock in good saleable condition and the expiry or “Best Before Date” has not elapsed along with all books of

accounts and other documents related to the Company. However PUC Holder shall also be responsible to fulfil all pending orders or enquiries,

until the final settlement of accounts takes place and “NO DUES CERTIFICATE” is issued by the Company.

18. In case of any dispute among the parties hereto touching these presents the matter shall be referred to the Sole Arbitrator appointed and

nominated by the Company. All the relevant provisions of the Arbitration and Conciliation Act, 1996, as amended time to time shall apply to the

Arbitration proceedings. . The award of the arbitrator shall be final and binding on the parties. The venue of the arbitration shall be at

Ghaziabad (U.P.) only and the proceedings of arbitration shall be in Hindi / English language.

19. Any delay or failure in the performance by either Party hereunder shall be excused if and to the extent caused by the occurrence of a Force

Majeure. Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Party

claiming Force Majeure, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage terrorism, vandalism, accident, restraint

of government, governmental acts, injunctions, labour strikes, other than those of Company or its affiliates, that prevent Company from

furnishing the materials or equipment, and other like events that are beyond the reasonable anticipation and control of the Party affected

thereby, despite such Party's reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, ev ents or occurrences, and which

events or the effects thereof are not attributable to a Party's failure to perform its obligations.

20. PUC Holder will, at his costs, indemnify, defend and save the Company and its affiliates, successors and assigns, and the officers, directors,

members, managers, shareholders, administrators etc. from and against any and all claims, demands, actions, suits, judgments and liabilities of

any kind and character whatsoever (collectively, "Claims") arising out of or in connection with breach of any representation or warranty by the

PUC Holder. The PUC Holder shall pay all damages arising out of same, including all expenses and attorneys' fees etc. PUC Holder agrees to fully

cooperate with Company in the defence of such Claims.

21. All relevant informations and documents related to the PUC Holder will be published by the Company on its official website i.e.

PUC Holder shall update himself by visiting the Company’s website regularly and act accordingly.

22. The terms & conditions stipulated herein shall be governed by and construed in accordance with the laws of India.

23. Nothing contained herein shall be deemed to make BVM PUC Holder as a business partner or joint venture of Company for any purpose.

24. The failure to exercise any right by the Company provided herein shall not be deemed waiver of such rights.

25. The terms & conditions stipulated herein are subject to revision by Company from time to time. The Company reserves the right to append new

term & conditions or to modify/delete/amend the terms & conditions, stipulated herein and no disagreement will be entertained by the Company.

26. The PUC shall not sale the products after the expiry date / period mentioned thereon. The company shall not be responsible for any damages

for such sale and the PUC HOLDER shall alone be responsible for the consequences.

I verify that I have read and understood the terms & conditions stipulated as above and hereby undertake to be with them strictly.

Date: - ______________________________

Place: _______________________________

___________________________________________

(Signature of the Applicant)

Witnesses:

1) Name ____________________________________________________ Signature__________________________________

2) Name ____________________________________________________ Signature__________________________________

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Bvm Puc Allotment Form - Bvm Business Page 3

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