This agreement is made at Mumbai this _______ day of December2023,
BETWEEN
M/s. ABC Security (I) Ltd a Public Limited Company incorporated under the provisions of the Indian Companies Act, having its Corporate office at 101, Omega House, Hiranandani Gardens, Powai, Mumbai-400 076, through it’s Representative Dy. General Manager - Mr. Sandeep Singh, Branch Office situated at Unit No.2, Shiv Shakti Industrial Premises Co-op. Society Ltd, Plot No. 7B, J R Boricha Marg, Opp. Kasturba Hospital Lane, Near Lodha Excelus Tower, Lower Parel, East, Mumbai 400 011.(Hereinafter called the ABC SECURITY).
AND
M/s
MIZAM FASHION PVT.LTD., having its Registered Office at 444, 4th
Floor, B Wing, Vivid Midtown, APT Road, Prabhadevi, Mumbai- 400013,
Maharashtra, India Mumbai-……..Through its Representative Mr. ………………………………(hereinafter called the Company).
M/s.ABC
Security (I) Ltd (ABC SECURITY) and Company are referred to
collectively, as “Parties”.
WHEREAS,
ABC SECURITY is engaged in the business of providing expert and professional
security and Fire Fighting services through its own personnel and whereas the
Company is desiring to assign the contract of their premises situated at for
their units situated at ………………………………………………………………………………..for
providing expert security/fire fighting services to ABC SECURITY.
NOW THIS AGREEMENT WITNESSETH AS UNDER:-
1.
ABC SECURITY shall provide professional
security services for guarding the installations, factories, go-downs, offices,
building property, personnel and premises belonging to the ‘Company.’
2.
ABC SECURITY undertakes to provide the
following numbers of trained personnel for the purpose of providing complete
security/Firefighting services to the premises of the Company on retainer-ship
charges mentioned against each category.
SR. CATEGORY. NO.OF Person
RATE P.HEAD TOTAL AMOUNT
1. Facility Attendant 1 INR
33580 INR 33580
The above rates are as per the Annexure – “A”
Note: GST as applicable, will be charged extra on above rates.
3. The
above rates are subject to modification by consent of both the parties due to
revision in the wages, allowances or any other labour enactments from time to
time on production of documentary evidence to that effect.
4. The entire responsibility for taking security measures shall be of ABC SECURITY and the COMPANY will not be liable to pay anything extra for such security guards/personnel except as provided in clause 2.
5. ABC SECURITY shall provide continuous security measures with constant changing personnel in rotation so that each person does 12 hours duty daily.
6.
Payment to ABC SECURITY will be made by 7th
day from the date of submission of bills by the COMPANY.
7. An Interest @ 18% per month will be payable to ABC SECURITY by the Company on all undisputed payments which become due for more than 30 days.
8. ABC SECURITY will be responsible to ensure payment to its personnel in accordance with the applicable laws in respect of Minimum Wages (M.W), Provident Fund (P.F.), Employee State Insurance Corporation (ESIC), Privilege leave, National holidays, Gratuity, HRA and other laws, which are in-forced and may be enforced from time to time.
9.
COMPANY will ensure retainer ship charges
to ABC SECURITY worked out on the basis of its various liabilities pertaining
to statutory cost, essential facilities like free uniforms, seasonal wears,
conveyance etc., as per Annexure ‘A’.
10. ABC SECURITY will ensure all statutory payments to concerned departments for its personnel and produce documentary evidences on demand to the COMPANY for verification.
11. ABC SECURITY will provide uniforms, seasonal wears, shoes, batons etc. to its personnel and ensure smart turn-out.
12.
ABC SECURITY will be responsible to prevent
theft, burglary, pilferage, breakage and damages to the property and personnel
of the company and will make good of loss/damages if any caused due to
negligence/connivance/omissions on the part of its personnel to the COMPANY.
However, the COMPANY will extend its full co-operation, support and make
available its personnel for interrogation/enquiry to ABC SECURITY during
investigation of such cases. COMPANY
will also lodge police complaints for the cases of loss with police and provide
all information needed for investigation of cases. No deduction on account of
such losses will be made by the company without concurrence of ABC SECURITY.
13.
COMPANY will have the right to
reject/refuse deployment of the personnel of ABC SECURITY if they are found
unsuitable and ABC SECURITY will withdraw such personnel from the premises of
COMPANY within 48 hours thereof.
14.
ABC SECURITY will ensure supervision of its
personnel deployed for duty at the premises of the company by its field staff
and keep them alert at all times.
15.
ABC SECURITY will provide additional
manpower at short notice to the company on the rates mutually agreed for
temporary deployment and on existing rates if the deployment is for minimum
three months.
16.
ABC SECURITY personnel will honour all
instructions, standing orders, rules etc. of the COMPANY and co-operate on all
aspects of its operations.
17.
This agreement will be valid for a period of 1 year effective from 01st
January 2024 to 31st December 2024,and will be automatically deemed
renewed for subsequent years till either parties serves notice in writing in
advance for 1 months to terminate the contract or pay compensation for such
notice period for immediate termination.
18. ABC SECURITY will be entitled to withdraw its services without any notice or compensation if its bills are not paid onScheduled Dates.
19. None of ABC SECURITY employees will be employed directly or indirectly during the pendency of contract or within a year on termination of the contract otherwise compensation equivalent to 3 months current wages will be payable to ABC SECURITY by Company.
20. CONFIDENTIALITY:
Both parties and the Contract Staff of the Contractor shall maintain strict confidentiality regarding all confidential information exchanged during the engagement and for a period of 5 (Five) years afterward. Confidential information includes but is not limited to trade secrets, financial data, customer lists, and proprietary information. ABC SECURITY shall be responsible for any breach of confidentiality by his staff working at Customer.
21. INDEMNITY:
ABC
SECURITY shall indemnify, defend and hold the Company, its directors, officers,
employees, representatives and agentsharmless against actions and claims
including third party and statutory actions, disputes and claims, suits,
prosecutions, proceedings, demands, penalties, levies, assessments and all
reasonable costs (including reasonable
legal and Advocate costs) arising against the Company due to breach of
obligations, representations, warranties including statutory obligations
attributable on the part of ABC SECURITY in the provisioning of Services under
this Agreement.
22.
FORCE MAJEURE
a) Either Party reserves the right to cease
or defer the performance of, or payment for, the Services, if it is prevented
from or delayed in carrying on its business by acts, events, omissions or
accidents beyond its reasonable control, including but not limited to, strikes,
lock-outs or other industrial disputes (whether involving the workforce of the
Company or any other party), failure of a utility service or transport network,
act of God, war, riot, civil commotion, malicious damage, compliance with any law
or governmental order, rule, regulation or direction, accident, breakdown of
plant or machinery, fire, flood, storm, epidemic, pandemic (“Force Majeure
Events”). Either Party shall give notice in writing whether by fax/ email/
post/ courier informing about such Force Majeure Events within 30 (thirty) days
from the occurrence of such event/s. Either Party will have the right to
terminate this Agreement if a force majeure occurrence continues to impact
performance of the Party for more than 30 (thirty) consecutive days.
b) Each Party agrees to take all reasonable
steps to minimise the impact of a Force Majeure Event.
23.
GOVERNING LAW & ARBITRATION:
This Agreement shall be governed and construed in accordance with the Laws of India and Courts in Mumbai (India) shall have exclusive jurisdiction. All disputes, claims, suits and actions arising out of this agreement, or its validity will be finally decided in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The venue for arbitration shall be at Mumbai (India) only. Each Party shall bear its own costs of arbitration.
IN
WITNESS WHEREOF, the parties hereto have set and subscribed their respective
signatures and seal to the writing herein above on the date and year mentioned
herein.
Signed and Delivered by
the )
Within
named company )
M/s. ABC Security
(I) Ltd)
Dy.
General Manager
Signed and sealed by ABC
SECURITY )
M/s. MIZAM FASHIONS PVT. LTD.
Signed and sealed by the
Company)
)
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Annexure A |
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MIZAM FASHION PVT.LTD. |
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BREAK UP OF REVISED MONTHLY RATES EFFECTIVE FOR THE PERIOD |
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FROM01.07.2023 to 31.12.2023 AS PER MINIMUM WAGES |
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Sr. No. |
PARTICULARS |
|
SECURITY GUARD |
|
|
|
|
|
12hrs |
|
|
1 |
Basic |
|
11632.00 |
|
|
2 |
VDA |
|
2678.00 |
|
|
3 |
Minimum Wages(1+2) |
|
14310.00 |
|
|
4 |
HRA |
5.00% |
715.50 |
|
|
5 |
Con.Allowance |
|
|
|
|
6 |
Leave convence Exp. |
|
|
|
|
7 |
Washing Allowance |
|
|
|
|
8 |
Total Wages |
% |
15025.50 |
|
|
9 |
EPF |
12.00% |
1717.20 |
|
|
10 |
EPF Admin |
1.00% |
143.10 |
|
|
11 |
MLWF |
|
6.00 |
|
|
12 |
ESIC |
3.25% |
488.33 |
|
|
13 |
P.D.Leave |
6.00% |
858.60 |
|
|
14 |
National Holidays |
1.00% |
143.10 |
|
|
15 |
Bonus |
8.33% |
1192.02 |
|
|
16 |
Uniform |
3.00% |
429.30 |
|
|
17 |
Gratuity |
4.80% |
686.88 |
|
|
18 |
SGB Levy |
3.00% |
429.30 |
|
|
19 |
GRAND TOTAL |
42.38% |
21119.33 |
|
|
20 |
Extra 4 Hours OT |
|
7155.00 |
|
|
21 |
ESIC on OT |
3.25% |
232.54 |
|
|
22 |
Total |
|
28506.87 |
|
|
23 |
Reliver Charges @16.67% on Basic |
16.67% |
2504.75 |
|
|
24 |
ESIC On Reliver Charges |
3.25% |
81.40 |
|
|
25 |
Total |
|
31093.02 |
|
|
26 |
Service Charges |
8.00% |
2487.44 |
|
|
27 |
Total |
|
33580.47 |
|
|
28 |
ROUNDED TOTAL |
|
33580.00 |
|
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Note: |
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1)
GST @ 18% will be charged extra on the above rates. |
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2)
The above rates are subject to revision as per the order of the competent |
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authority
from time to time. |
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3)
The Special Allowance (VDA), would be subject to revise twice in a year i.e. |
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01st
January & 01st July every year. |
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For ABC SECURITY (I) LTD., |
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Dy. General Manager |
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