CONDITIONS OF CONTRACT FOR THE SUPPLY, INSTALLATION,

REPAIR OF LIFTS AND ESCALATORS

This Agreement is made at ________ (place) on this the ___ day of ____ 2016
between NSB Private Limited, a Company incorporated under the Indian
Companies
Act,
1913
and
having
its
Registered
Office
at
___________________________, . (hereinafter referred to as Owner which
expression shall, unless repugnant to the context or contrary to the meaning thereof,
be deemed to mean and include its successors and assigns) of the One Part and
_____________., having its residence at ____________(hereinafter referred to as
Customer or purchaser which expression shall unless repugnant to the context or
meaning thereof, include its successors and assigns in interest) of the second part.
1- GENERAL:
1.1)

The acceptance of this agreement indicates the acceptance of the following

terms and conditions. No terms or conditions stipulated, or referred to by the
Purchaser are to add to, annul, replace or vary these terms and conditions
unless expressly agreed to by the Company in writing.

2- Term:
2.1) The Term shall commence as of the date of installation of the Equipment.
3- Handover of Lift:
3.1) On the day of installation, the lift will be demonstrated to the Customer or their
representative and the Customer Acceptance agreement must be initialled to show
that this demonstration has been completed by company. For multiple user
installations, such as Nursing Homes or Public Buildings, it is the responsibility of the
building owner or manager to ensure that an attendant is present at the time of
installation so that they can be trained and informed of their responsibilities to
oversee and control the use of the stair lift at all times.
4- Responsibility for Use:
4.1) The Customer shall use the Equipment only for the purposes for which it was
designed and in accordance with the manufacturers operating instructions provided.
The Customer agrees to operate and maintain the Equipment in a clean and safe
environment. The Customer agrees that no warranties, expressed or implied,
including merchantability or fitness for a particular purpose have been made by
company in connection with the Equipment rented. In no event shall company be
liable for any special, direct, indirect or consequential damages in connection with
this Agreement.
5-warranty:
5.1) Company agrees to rectify at our cost, any defects arising from faulty materials
or workmanship for the specified guarantee period (which is 1 year) from the date of
installation.

CONDITIONS OF CONTRACT FOR THE SUPPLY, INSTALLATION,

REPAIR OF LIFTS AND ESCALATORS

5.2) on following grounds warranty cant be provided by company:

1) Defects not due to ordinary wear and tear
2) Improper and use or care
3) Faults due to negligence, misuse, wilful or accidental damage by others
4) Faults arises due to water
5) Any other cause beyond our control are not subject to our warranty terms.
5.3) Warranty shall be considered as breached if any other person who is not
authorized by company repairs and deals with such matters and repairs the lift.
5.4) If any third party interferes in functioning of lift equipment, company shall not be
liable. Faults shall be not be covered under warranty provided by company,
6-Free Service:
6.1) Company will provide free service up to 1 year and maximum 4 time only if there
is defects due to manufacturing fault and faulty material.
7-DELIVERY AND COMPLETION:
7.1) Any times stated by the Company for delivery and or completion shall run from
the date of receipt of the Purchaser's written order and any initial payment of the
Contract Price and if later from receipt of all information, drawings, licences, permits
and approvals as may be necessary to enable the Works to proceed. All such times
are to be treated as estimates only not creating any contractual obligation unless the
Company has specifically contracted in writing to deliver or complete the Works
within a specified time or by a specified date by defining such time or date as a
"Guaranteed Delivery Date" in the Tender or other contract document signed by the
Company. Any times for delivery and/or completion are estimated and the contract
sum is determined on the understanding that the Purchaser shall at its own expense
before the estimated date of commencement of any part of the Works ensure that
the site is ready in all respects for the Works to commence and that all the facilities
and items listed in the Attendances hereto have been, or will be, provided by the
Purchaser free of cost to the Company as and when required by the Company in
order that the Works may proceed.
8-DELAY IN DELIVERY OR COMPLETION:
8.1) The Company shall not be liable for any delay or for any consequences of any
delay in the production or delivery of any of the goods comprised in the Works or in
the completion of the Works in circumstances where an estimated time for
completion of the Works has been given by the Company.
8.2)In circumstances where the Company has agreed in writing a Guaranteed
Delivery Date for the completion of the Works in accordance with Clause 5, it shall
not be liable for any delay or for any consequence of any delay if such delay shall be

CONDITIONS OF CONTRACT FOR THE SUPPLY, INSTALLATION,

REPAIR OF LIFTS AND ESCALATORS
due to fire, strike, lockout, dispute with workmen, flood, accident, delay in transport,
shortage of fuel, default of any sub-contractor, inability to obtain material and/or
labour, embargo, act or demand or requirement of any government or government
department or Local Authority, or as a consequence of war or of hostilities (whether
war be declared or not) or any other cause whatsoever beyond the reasonable
control of the Company. If any such delay occurs then (unless the cause thereof
shall frustrate or render impossible or illegal the performance of this Contract or shall
otherwise discharge the parties from their obligations under the Contract) the
Company's period for performing its obligations shall be extended by such period
(not limited to the length of delay) as the Company may reasonably require to
complete the performance of its obligations.
9-Indemnification:
9.1)The Company shall not under any circumstances whatsoever be liable for any
loss (which expression in this clause includes damage or delay) or for any
consequence of any such loss arising out of any cause whatsoever beyond its
reasonable control or any malfunctioning of or defect in or failure of any of the
Works. The Company will not under any circumstances whatsoever be liable for any
loss of profit, business opportunity or consequential, economic or indirect, loss or
damage howsoever caused.
9.2) Save as provided by statute, the Company shall not be liable for and the
Purchaser shall indemnify and hold him harmless against any claim for loss or
damage to property directly or indirectly occasioned by or arising from the use or
operation (other than by the Company) or possession of any of the equipment and
from negligence (including the use of any part of the equipment otherwise than in
accordance with the Company's operating instructions and manuals) or default
(including any noncompliance with any obligation of this Contract, any delay, any
wrong information and any lack of required information) or misuse by or on the part
of the Purchaser or any persons other than the Company .
9.3) This indemnity shall extend to any costs and expenses incurred by the
Company and shall continue in force notwithstanding the termination of this Contract.
9.4) The Purchaser shall not use or permit to be used the whole or any part of the
Works the subject of this Contract before it has been completed, tested and handed
over by the Company and in the event of any such unauthorised use the Company
shall not be liable for any loss or damage arising therefrom.
10- PREVENTION OR FRUSTRATION:
10.1)If the contract becomes impossible to perform or is otherwise frustrated the
Purchaser shall be liable to pay the Company all costs, expenses, overheads and
any loss of profit which the Company, its suppliers or sub-contractors have incurred
or for which there is liability under the Contract at the time of frustration or
impossibility of performance.

CONDITIONS OF CONTRACT FOR THE SUPPLY, INSTALLATION,

REPAIR OF LIFTS AND ESCALATORS
10.2)Any pre-payments which may have been made to the Company under this
Contract shall be applied towards satisfaction of such sum as may become due to
the Company under the foregoing provisions, and the excess (if any) pre-payment
will be refunded.
11-INSTALLATION
11.1) Unless specifically stated to the contrary in writing, the installation, will be
carried out during the Company's ordinary working hours and in one
continuous operation. The well and motor room shall be handed over properly
completed (with the permanent power supply available) and weather tight to
the Company. Any extra cost incurred, owing to suspension of Works, by the
Purchaser's instructions, lack of instructions, interruptions, delays, overtime,
unusual working hours and additional work or variations or work for which the
Company is not responsible or mistakes or any other causes outside the
Company's control, shall be added to the Contract Price and paid by the
Purchaser .

12- Force Majeure:

12.1) Effect of Force Majeure
The obligations of any Party under this Agreement shall be suspended during the
period and to the extent that such Party is prevented or hindered from complying
therewith by any circumstance of Force Majeure.
12.2) Notification of Force Majeure
As soon as possible after the occurrence of a case of Force Majeure and in any
event no later than fourteen (14) days after such occurrence, the Party invoking
Force Majeure shall provide a notice to the other Party of the occurrence of such
Force Majeure, which notice shall describe in reasonable detail the circumstances
under which such Force Majeure has occurred and shall set forth the anticipated
effect of such Force Majeure on the performance of the obligations of such Party
under this Agreement.

.13- Jurisdiction:
13.1) If any differences or disputes arise from or in connection with this Agreement,
the Courts of place, where head office of NSB Elevator Pvt. Ltd. Is situated, to the
exclusion of all others, shall have the jurisdiction.

14- Severability:
14.1) If any provision of this Agreement or any part thereof is held by a court or
competent jurisdiction to be invalid or is rendered void, illegal or un-enforceable in

CONDITIONS OF CONTRACT FOR THE SUPPLY, INSTALLATION,

REPAIR OF LIFTS AND ESCALATORS
any respect under any law, the same shall be replaced and any omission shall be
remedied by a corresponding provision which comes as closely as legally and
commercially possible to the express or implied intention of the Parties and the
validity, legality and enforceability of the remaining provision shall not in any way be
affected or impaired thereby.
15- No Waiver:
15.1) Save where this Agreement expressly provides, neither Party shall be deemed
to have waived any right, power, privilege or remedy under this Agreement unless
such Party shall have delivered to the other Party a written waiver signed by an
authorized officer of such waiving party. No failure or delay on the part of either Party
in exercising any right, power, privilege or remedy hereunder shall operate as a
waiver, default or acquiescence thereof, nor shall any waiver on the part of either
party of any right, power, privilege or remedy hereunder operate as a waiver of any
other right, power, privilege or remedy hereunder operate as a waiver of any other
right, power, privilege or remedy hereunder preclude any other or further exercise
thereof or the exercise of any other right, power, privilege or remedy hereunder.
16- COOPERATION; FURTHER ASSURANCES:
16.1) Each party agrees to perform its respective obligations hereunder and to take,
or cause to be performed or taken, all things necessary, proper or advisable under
applicable law to permit the performance of this Contract in the manner
contemplated hereby, and shall cooperate fully with the other party and its officers,
directors, employees, agents and other representatives in connection with the
performance of all acts contemplated hereunder.
17-SECTION HEADINGS:
17.1 The Section headings contained herein are for convenience and for reference
purposes only, and shall not be deemed to constitute a substantive portion hereof.

18-SINGULAR/PLURAL:
18.1) whenever required by the context, the use of singular form shall be deemed to
include the plural, and the use of the plural form shall be deemed to include the
singular.
19- Termination of Agreement19.1) if both party willingly agree to terminate the agreement then by signing a
written instrument parties can performed termination.
19.2) If the purchaser has committed a material breach of this Contract and fails to
remedy such breach within Thirty (30) days of receiving a written notice from the
Company requesting its remedy

CONDITIONS OF CONTRACT FOR THE SUPPLY, INSTALLATION,

REPAIR OF LIFTS AND ESCALATORS

20- SIGNATURE BLOCK;

20.1) IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year first above written.
Signed for and on behalf of the Purchaser: _________________
Date:_____________

Signed for and on behalf of the Company:___________________

Date:______________