Page 1 of 33 BRANCH SALES OFFICE – KANPUR 16 ... - Vizag Steel

account of any other reasons viz change in monthly prices, incentives etc, the same will berefunded directly by the Company to the Customers.8.1 The Contract shall be effective for a period of 7(Seven) years from the date of issue ofletter of Acceptance. However, the Company shall have the option to terminate theContract at any time during the period of the Contract by giving one month written noticewithout assigning any reason. No compensation shall be payable on this account. Allimplications on account of change in tax regime, duties, taxes and levies of any nature whatso ever will be to CSA’s account during the tenure of the Contract and no additionalcompensation on this account will be payable under any circumstances.8.2 In the event of the CSA’s failure to discharge his duties stipulated in the contract to thesatisfaction of the Company and /or unsatisfactory performance of the CSA as per clauseno 8.3 mentioned thereof or any other valid reasons, the Company may terminate thecontract summarily and without notice. The decision of the Company in this regard shall befinal and binding on the parties.8.3 The performance of CSA will be reviewed by the Engineer In-charge on completion of 1year from the date of despatch of 1 st consignment and every one year there after. Thecriterion for evaluating performance shall be as follows:(i) Lifting of minimum 30% of indicative quantity (of delivery) in 1st year of operation,minimum 50% in 2nd year and minimum 75% from 3rd year onwards.(ii) Complaints received from Customers(iii)Instances of Cheque bouncing cases towards refunds made to the customers by CSA(iv)Instances of Sale of materials at places other than CSA location.8.4 In the event of the contract being terminated in exercise of the rights reserved under theabove clause, the CSA shall not be entitled to claim any damages / compensation from theCompany on account thereof.8.5 The Company shall not pay any compensation to the CSA for any expenses whatsoeverincurred by the CSA either by way of rent or otherwise on any premises utilised by theCSA for operation of this contract. This shall also apply even in the event of the contractbeing terminated for any reason before the end of the period of contract or before the end ofthe CSA’s arrangement of lease / other terms for those premises.8.6 In case of any liability on account of non compliance of any of the statutory/regulatoryprovisions pertaining to land, taxes& duties, the CSA will be solely responsible for thesame9.1 In case of any dispute or claim arising from either side in respect of the provision of theagreement or otherwise, the CSA shall not at any time refuse permission to the Company orits authorised officers entry into the yard and/or in affecting / arranging disposal of thematerials or take possession of the material in the yard as the Company may deem fit. TheCSA or any one claiming through or under him shall not set up any claim or title on or inrespect of the materials consigned to and received in the yard, adverse to the Company,during the subsistence of the agreement and/or on expiry or termination of the agreementand so long as the materials are not fully delivered to the Company, shall not allow orPage 24 of 33