Agreement with a Security Contractor
| Updated at | January 2014 |
THIS AGREEMENT made at................ on this........... day of............ 200.... by and between DEF LIMITED, a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at..............., represented by.............., hereinafter referred to as the "First Party" which expression shall unless repugnant to the subject or context shall mean and include its successors and assigns of the FIRST PART.
And
M/s............... a company incorporated under the provisions of the Companies Act, 1956 (or individual concern or firm as the case may be) having its office at.............. represented by...............,.........., hereinafter referred to as the "Second Party" (which expression shall always include unless repugnant to the context, its executors, administrators, successors and assigns) of the SECOND PART.
WHEREAS the First party is engaged in the business of (herein state the nature of activities) WHEREAS the Second Party is engaged in the business of providing security services. WHEREAS the Second Party has expressed their keen desire to provide the said services to the First Party under this agreement. The Second Party has also represented that they have the necessary infrastructure, manpower and experience in the above area and they possess the financial capabilities to perform the above functions and such other functions as may be assigned to them under this agreement by the First Party from time to time.
WHEREAS on the aforesaid representation made by the Second Party to the First Party, the Parties hereby enter into this agreement to provide the agreed services on the terms and conditions appearing hereinafter.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH AND IT IS AGREED BY AND BETWEEN THE PARTIES AS UNDER:
1. OBLIGATIONS OF THE SECOND PARTY
(a) The Second Party shall operate and provide security personnels to the First Party at its various sites on 7 days a week from........... a.m. to........... p.m.
(b) The regularity of the performance of the service will be the essence of this agreement and shall form a central factor of this agreement. The Second Party shall take all possible steps to ensure to maintain its performance as determined by the First Party· from time to time.
(c) The assessment made by the First Party regarding the quality and efficiency of the services and as to how many personnel of various descriptions are required to provide/ give the required quality of security services at any given place; premises or part thereof, shall be final and acceptable by and binding upon the Second Party and the services shall be provided accordingly.
(d) The Second Party shall provide the security services at the demised premises by deploying its Well-trained and experienced personnel in such numbers as may be instructed as per the assessment made by the First Party as to how many personnel can provide the required quality of services at a given place for a given job.
(e) If the First Party notices that the personnel of the Second Party has/have been negligent, careless in rendering the said services, the same shall be communicated immediately to the Second Party who will devise corrective steps immediately to avoid recurrence of such incidents and report to the First Party its action plan.
(f) If any of the personnel of the Second Party indulges in theft, negligence or any illegal/irregular activities, misconduct, the Second Party will take appropriate action against its erring personnel and intimate accordingly to the First Party.
(g) The Second Party shall keep liaison with the Police/Local Authorities and Fire Brigade in order to get timely assistance from them in case of an emergency.
2. TERMS OF PAYMENT
(a) The First Party shall pay to the Second Party an amount of Rs................ for the services rendered. The said amount shall be calculated by taking into account the number of hours worked by the personnel of the Second Party during the month. The First Party agrees to pay an amount of Rs........................ per hour as overtime charges for any services rendered by the personnel of the Second Party after................. p.m. or during holidays:"
(b) All payments made by the First Party shall be after deduction of tax at source wherever applicable as per the provisions of the Income Tax Act, 1961.
(c) The Second Party, being the employer in relation to persons engaged/employed by it to provide the services under this arrangement shall alone be responsible and liable to pay wages/salaries to such persons which in any case will not be less than in accordance with the minimum wages as fixed or prescribed for the category of workers employed by it from time to time or by tile state government and/or any authority constituted by or under any law.
(d) The Second Party will have to produce the register of wages or the register of wages-cum-muster roll of the preceding month along with the bill to be submitted on the 3rd day of every calendar month for verification to the nominated official of First Party.
The Second Party shall ensure that payment to his employees is made in the presence of an authorised...
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