If You want dealership with us in servicing sector, you will be bound to follow our following terms and conditions-
General Terms & Conditions
1.1 Term and Termination
a. This Agreement shall be effective on the date hereof and shall continue, unless terminated
sooner in accordance with Clause 1.1(b), until the Completion Date.
b. Either Party may terminate this Agreement upon notice in writing if:
i. the other is in breach of any material obligation contained in this Agreement, which is not
remedied (if the same is capable of being remedied) within 30 days of written notice from the
other Party so to do; or
c. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights
or liabilities of either Party nor shall it affect the coming into force or the continuance in force
of any provision hereof which is expressly or by implication intended to come into or continue
in force on or after such termination.
1.2 Relationship of the Parties
The Parties acknowledge and agree that the Services performed by the Service Provider, its
employees, agents or sub-contractors shall be as an independent contractor and that nothing in
this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship
or otherwise between the parties.
Neither Party will use, copy, adapt, alter or part with possession of any information of the
other which is disclosed or otherwise comes into its possession under or in relation to this
Agreement and which is of a confidential nature. This obligation will not apply to information
which the Centre/Agency can prove was in its possession at the date it was received or
obtained or which the Centre/Agency obtains from some other person with good legal title to it
or which is in or comes into the public domain otherwise than through the default or
negligence of the Centre/Agency or which is independently developed by or for the recipient.
Any notice which may be given by a Party under this Agreement shall be deemed to have been
duly delivered if delivered by hand, first class post, facsimile transmission or electronic mail to
the address of the other Party as specified in this Agreement or any other address notified in
writing to the other Party. Subject to any applicable local law provisions to the contrary, any
such communication shall be deemed to have been made to the other Party, if delivered by:
i. First class post, 2 days from the date of posting;
ii. Hand or by facsimile transmission, on the date of such delivery or transmission; and
iii. Electronic mail, when the Party sending such communication receives confirmation of such
delivery by electronic mail.
a. The failure of either party to enforce its rights under this Agreement at any time for any
period shall not be construed as a waiver of such rights.
b. If any part, term or provision of this Agreement is held to be illegal or unenforceable
neither the validity nor enforceability of the remainder of this Agreement shall be
c. Neither Party shall assign or transfer all or any part of its rights under this Agreement
without the consent of the other Party.
d. This Agreement may not be amended for any other reason without the prior written
agreement of both Parties.
e. Neither Party shall be liable for failure to perform or delay in performing any obligation
under this Agreement if the failure or delay is caused by any circumstances beyond its
reasonable control, including but not limited to acts of god, war, civil commotion or
industrial dispute. If such delay or failure continues for at least 7 days, the Party not
affected by such delay or failure shall be entitled to terminate this Agreement by notice in
writing to the other.
f. This Agreement shall be governed by the laws of the jurisdiction in which the FIRST
PARTY is located (or if the FIRST PARTY is based in more than one district, the district
in which its headquarters are located) (the "Territory") and the parties agree to submit
disputes arising out of or in connection with this Agreement to the non-exclusive of the
courts in the Territory.
g. If any types of fraud and cheating made, fine may impose of Rs. 1.00 Lac.
h. The Service Centre/Agencies are a member of carmark not an outsider. They can free for
giving any types of suggestion in writing.
i. Company will take any decision according to company’s policy as well as your
suggestion but service centre/agency can’t compel to account (consent) your conditions.
j. If second party has any problem with the company policies or some decisions, they can
contact directly with the executives of company.
k. Company is always with you and will work for your development.
l. The second party will have to follow all the instructions of Carmark.
m. The Service Centre/Agencies have to maintain a separate register for carmark and put
data related to company’s customer.
n. The Service Centre/Agencies have to attend attend every Company-partners meeting. If
you don’t attend without any prior notice and company took a decision with mutual
consent of another partner, you will compel to follow that decision.
1. Additional clauses
2. Modification of Agreement Any amendment or modification of this Agreement or
additional obligation assumed by either Party in connection with this Agreement will
only be binding if evidenced in writing signed by each Party or an authorized
representative of each Party.