Agreement of Bottling Beverages

Updated atMarch 2010

This agreement is made on this 10th day of October 2007 between Coke Intl Co. Ltd., registered under the appropriate laws of England and carrying on business at …………………… England hereinafter referred to as the PRINCIPAL (which term shall unless excluded by or repugnant to the context include its successors and assigns) of the one part and the Lindway Ltd., a company registered under the Companies Act 1956 and having its registered office at ………………………………………, hereinafter referred to as the BOTTLER (which term shall unless excluded by or repugnant to the context include its successors and permitted nominees and assigns) of the other part.

Whereas the PRINCIPAL is carrying on business as manufacturer of and dealer in Beverages under the trade name COKE.

AND WHEREAS the PRINCIPAL intends to extend its business to India and South-East Asia but the cost of setting up a new manufacturing unit would not be economical and transportation of beverages from England to the distant areas will not be commercially viable.

AND WHEREAS the BOTTLER has a plant for bottling aerated waters and the same has been recently modernised and is suitable for bottling the beverages manufactured by the PRINCIPAL.

AND WHEREAS the BOTTLER has approached the PRINCIPAL for arrangement of obtaining concentrates for the PRINCIPAL’s beverages for the purpose of bottling the same in India and selling it under the trade name of the PRINCIPAL on certain terms and conditions to which the PRINCIPAL has agreed.

Now these presents witnesseth and the parties hereto hereunder agree as follows:

  1. The PRINCIPAL appoints the BOTTLER as its Sole Bottling Agent in India for a period of 5 years which is renewable for another 5 years at a time on mutually agreed terms and conditions.

  2. The BOTTLER shall maintain its Bottling Plant in good condition and repair at its own cost subject to periodical inspection by the representative of the PRINCIPAL. The BOTTLER shall use the water available from the Corporation of Calcutta or from the tubewell sunk by it and the same be filtered through a machine to be supplied by the PRINCIPAL free of cost.

  3. The water so purified will be tested by a named organisation as to its purety and fitness for using for beverages and human consumption.

  4. The PRINCIPAL shall supply the concentrates to be used with water and other permissible ingredients for the purpose of bottling the mixed liquid. After the concentrates converted into liquid is bottled, the same will be...

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