CORPORATION
TERMS & CONDITION
DIRECT DEAL OF ANTIQUES (RP) BUSINESS AGREEMENT
DEAL CONTRACT FOR ISOLATED SEALED SOURCE
Know By All Men These Presents
This Deal Contract is made at and entered on the 2024 between:
……………………………………………… hereinafter referred to as ‘The Care Taker (s)’ [ which expression shall unless excluded by or repugnant to the contest or meaning thereof, be deemed to include his successors and Assigns) of the ONE PART:
AND
Mr.…………………………………… ……………………. is the authorized official of, Rehain Metal Corporation Ltd, the company having its principal registered office in Germany and local registered and communicating address at Star
Tower suite No 7661 Postbox 916 shahid bhagat Singh Road Mumbai – 400001, Maharashtra hereinafter referred to as "The Buyer(s) Mandate " [which expression shall unless excluded by or repugnant to the context or meaning thereof, be deemed to include his Successors and Assigns) of the OTHER PART: This Deal contract ["The Contract") entered into and executed by and between the Seller and the Buyer for peaceful uses of isolated sealed source copper iridium alloy (herein after referred to as "instrument") through their respective authorized signatories identified herein below by their respective Income tax Permanent Account Numbers.
Recital AND WHEREAS the said Care taker(s) hereto affirms and warrants with full Recital corporate and legal responsibility and under penalty of perjury, the existence and deliverability of the instrument, available and ready for transfer to any interested Buyer that meets established criterion of the dealing terms set forth hereunder for the purchase of the said instrument.
AND WHEREAS the said Care taker(s) further warrants that they are the sole mandate and article owner and the owner is in physical possession of the said Instrument, namely, isolated sealed source copper iridium, and they are ready, willing and able to sell the same to the Buyer on the terms stipulated herein. The said Care taker(s) also affirms that they will show the article to test and further proceedings for the Buyer at the specified spot, nearby…………………………
AND WHEREAS the said Care taker(s) declares that the owner does not have any due and have required authority. Permits, licenses, clearances, etc from the concerned regulatory/competent Authorities that enables him to hold, keep in storage facility as per the regulatory norms, negotiate and execute the transfer of the said Instrument and THAT it shall be the responsibility of the Buyer to arrange for all necessary permits, authorization, licenses, clearances for further proceeding time to time as required.
AND WHEREAS the Buyer hereto affirms and warrants with full corporate and legal responsibility and under penalty of perjury that he is legally authorized to negotiate and purchase and receive the delivery of the instrument and effect the payments promptly as per the terms of this Contract.
AND WHEREAS the Buyer further warrants that he is ready, willing and able to buy and take the delivery of the said instrument offered by the Seller.
AND WHEREAS the Buyer further warrants that he does have and may further take required authority, permits, license, clearances, etc. from the respective regulating authorities of the Government of India that enables him to negotiate and execute the purchase and receive the delivery physically of the said instrument from the said Care taker in accordance with the terms, conditions and procedure set out hereinafter.
AND WHEREAS the Buyer further warrants that he shall duly obtain any pending or required permits on behalf of the said Care taker(s) time to time as required there with to complete the transaction successfully.
AND WHEREAS the Buyer further warrants that he has all required arrangements for sufficient good, clean and clear funds of legitimate origin, available for the purchase of the said instrument in accordance with the terms, conditions and procedure set out hereafter.
AND WHEREAS this transaction shall be accomplished under the following referenced terms and conditions and procedure and no changes shall be made of the said terms, conditions and procedure set forth herein during the transaction.
The Buyer will make all sort of proper arrangements as per the standard human and environment safety norms for handling, procuring, shielding this type of source- material prescribed by the territorial regulatory authorities. The buyer will provide the best standard of practice as per the credentials, information, specifications provided / obtained in early reports.
Product Descriptions and Specifications:
Item or Object
Physical Properties
Activity
Energy Level
Physical Half – life period
RWL
price to the said taker
NOW IN CONSIDERATION OF THE REPRESENTATIONS, UNDERTAKINGS AND PREMISES MADE BY EACH PARTY TO THE OTHER, THE SAID CARE TAKER, AGREES TO TRANSFER AND DELIVER TO THE BUYER, AND THE BUYER AGREES TO BUY AND ACCEPT THE DELIVERY FROM THE SAID CARE TAKER OF THE ISOLATED AND RADIATED INSTRUMENT [COPPER BASED RICE PULLER], IN ACCORDANCE WITH THE FOLLOWING TERMS, CONDITIONS AND PROCEDURE
General Procedure Article - 1
The said Care taker(s) and the Buyer shall agree and approve in writing to the deal transaction terms, conditions, procedure, price and the schedule of payment.
On completion and execution of this DEAL contract, the SAID CARE TAKER(s) shall make all required arrangements and will bring the contracted item / instrument for the Buyer's inspection, detection and conducting the leakage testing detecting, analysing the sealed source material's physical and current
intrinsic properties, and physical testing of the source in suitable condition within the scheduled date and time at the specified place or subject to atmosphere or weather conditions of execution of this Contract. On day -1, the Buyer will make an immediate advance payment of Rs……………….. as a trade guarantee against the contract for transferring the certified and registered said instrument as it is basis in SAFE MODE only. The Buyer will also intimate and inform the competent body, regulatory authorities as of the obtained instrument's all details for clarity and which is very much before the technical analysis, testing and finally shielding on the next due day. On day-2, for defining its specific activity level, identifying its current intrinsic properties and
recommending working life keeping note the temperature and pressure inside the packing system the Buyer will bring all sort of adequate accessories, equipment and arrange precautions to handle any undue emergency situation appears. For the purpose of personal monitoring and proper shielding of the workers and the experts, protection of the environment and human health, procuring the source material safely and securely the Buyer will follow the standard practice rules and directives of the regulatory authorities. After getting successful all properties, measurements the source will be shielded properly as per the standards norms of shielding and labelling, placarding, packaging will be conducted with all detail information. The shielded, packed, properly stored material will be sent for the certification and legal compliances to the regulatory bodies for sharing information and avoiding any litigation. As decided under common understanding, after getting successful testing and procurement of the article in safe packing mode, certifications, issuing licence from the competent agencies, an amount of Rs …………… (Rupees……………. only) will be paid as an additional trade guarantee against the contract to the first part and the instrument will be kept under joint custody and lifting, further movement, transporting keeping in further storage facility in any five-star categorical premises is subject to the necessary authorisation received from the competent authorities. The Buyer will not be nowhere responsible to be present at the spot after 11:45 o'clock in the afternoon if the certified and registered genuine instrument not shown or produced between 9:00 AM -11.45 AM. As per mutual understanding the compensation against the source material will be equated first and kept into a secure place as per the norms of storage this type of instrument. Once the lawful joint custody being created between the buyer, buyer's part and seller, seller's part the entire safety, security, accountability of all the parts of the Final Agreement is the responsibility of the buying part. In parallel with the Final Agreement, the NCNDA will be made and signed with all sort of proper, necessary permits.
The Buyer will make and complete the entire balance payment to the said Care taker(s) and all the intermediaries, beneficiaries, mediators as per the payment schedule provided, instructed, directed by the seller's mandate which is before the expiry of minimum 46 working days after taking the instrument in joint custody and making the token payment referred to herein above.
Article -2
The Buyer shall be responsible for all permits and documents enabling them to
Documents buy and complete the purchase and then take the delivery of the instrument. The Buyer's authorised official shall, at the time of testing, show to the said Care taker, his authority from their Principal, enabling them to deal with said Care taker with respect to the contracted item and shall, after successful inspection/test, also show all original documents, if required, allowing him to deal with this kind of source material instrument and shall provide Self Certified copies of all permissions, clearances, licences, etc to the Seller and all the parts of the final Agreement including the seller, co- seller, seller's beneficiary ,mediators etc. as required time to time to proceed and complete the transaction lawful.
Article-3 Lifting
I. The physical delivery of the contracted item/object being the instrument shall be given to the Buyer after said Care taker receives full and final payment from the Buyer with all legal title of the successful deal.
II. The physical delivery of the contracted item/object being the Isolated and Irradiating Instrument shall be taken to an agreed premises as a Joint custody basis. The Buyer takes full responsibility of Security and safety of Article after lifting from the Care taker's premises. The transportation costs and insurance premiums, if applicable, shall be paid to the respective agencies by the Buyer on and after taking delivery of the item from the said Care taker.
Article 4 Purchase price
The final purchase price of the Contracted object / Instrument will be decided, as per the market value and common understanding, after getting confirmation and taking all sort of readings and measurements at different parameters of the material in testing period whereas the token amount on the 1st day, Rs... Crore will be delivered solely to the said Care taker and Beneficiaries' paymaster as per his direction and instruction. The final total amount payable to the said Care taker, subject to the testing of the Instrument and as such the activity, intensity and capacity adjudicated by the Tester shall be applied to arrive at the actual payment to said Care taker and Beneficiaries.
Article-5 Payment
I. Each payment to be made to the said CARE TAKER under this DEAL Contract shall be made to the said CARE TAKER and/or the Beneficiaries' paymaster nominated, in good, clean and clear Indian rupees.
II. After successful detecting the item/ instrument, On 1st Day and after 2nd Day of Final Testing the Buyer shall in conformity with the above, release payments as decided mutually as per the direction of the said Care taker or as , as a token payment and the balance payment shall be paid to the seller's ,mediators , other beneficiaries as per the directives , instructions by the seller’s mandate and i.e. before the expiry of minimum 46 working days from the date of the payment of the said token money.
III. All the Beneficiaries shall be deemed as co- care takers of the Instrument / object being the Instrument for the purpose of this Agreement and, the said Care taker and the Beneficiaries herein shall also be deemed Beneficiaries in respect of the proposed Agreement between the First Party and Second Party, the coordinator of the principal buyer and all payments made by the Buyer herein to the said Care taker and all the Beneficiaries, shall be deemed payments effected by (Ultimate Buyer).
IV. It is hereby declared that the payments made under this Agreement and/or the proposed Agreement between Ultimate care taker and the Principal Buyer of the coordinator of shall be deemed to be beneficiaries / facilitators are as consideration for the very rare instrument/item being the Instrument.
Article -6 Taxes and Duties
All taxes, duties, charges and other levies as applicable to the transaction shall be borne by the Buyer herein and or the principal buyer of the Second Party and the payments referred to herein this Agreement are net of all such taxes, duties, charges and other levies.
Article - 7 Warrants and Authorities
The Parties signing this Contract warrant that they have full authority vested in them to enter into this DEAL Contract. Each signatory warrants that there is no violation of any law by him in entering into this Contract
Article - 8 Total Contract
I. This Contract has been executed in one or more counterparts and each executed copy shall be deemed an original and it is to take effect as instrument. This contract sets forth
the entire contract between the parties that is binding upon and inure to the benefits of the parties hereto and their respective heirs, devises, executors, administrators, successors and assigns and may be modified or amended only by a written instrument executed by the parties hereto or their legal representatives
II. There are no understandings or agreements between the parties hereto which are not fully expressed herein. No statements or agreements oral or writing, made prior to or at the time of signing this Contract, shall be deemed to modify or supersede, in any way, the terms of this Contract.
III. Failure, for any reason whatsoever, to enforce any or all the terms and conditions of this Contract shall not be deemed to operate as, or constitute a waiver of the terms itself and such failure shall not be deemed to affect the rights of the parties concerned for taking action, as provided under this Contract, against any breach of the provisions of this Contract.
Article - 9 Transfer of the contract
Neither party shall sub-let, assign nor otherwise transfer its rights or obligations under this Contract or any part of the some to any other party without the prior written consent of the other party to this Contract.
Article - 10
I. If either of the parties suffer delay in due execution of their contractual obligations due to the operation of one or more of the Force Majeure events such as ads of God, war, floods, riots, arsenal, fire, earthquakes, strikes, lock- outs, epidemics, civil commotion, regulations or ordinance of any Government, etc, the agreed time of completion of the respective obligations shall be extended by a period of time equal to the period of delay occasioned by such events.
FORCE MAJEURE
II. On the occurrence of any such events and cessation thereof, the parry affected thereby shall immediately give notice in writing to the other party, such notice to be given within Twenty-four hours /one working day of occurrence/cessation of the event concerned. If the Force Majeure conditions continue beyond Twenty-four Hours, the Buyer will leave the spot immediately.
Article -11 Arbitration
All disputes or differences whatsoever arising between the parties out of or relating to the construction, meaning and operation or effect of this Deal Contract or the breach thereof shall be settled by Arbitration in accordance with the Rules of Arbitration of the Indian Council of Arbitration at Mumbai, India and the award made in pursuance thereof shall be binding on the parties. The venue of Arbitration proceedings shall be Mumbai in India.
Article-12 Notices
I. That both the parties started the inspection work for leakage testing, detection, testing, analysing, procuring the source on………………………..
II. The Buyer with all sort of specified chemicals, equipment anti-radiation safety packing KIT as per the specific activity of the source provided/ obtained, will reach at the site on ……………………….
III. That this purchase agreement will be treated as void from…………….. if the proper specified material not produced within the due time.
IV. That this agreement is only valid and exists, if the source material is found in irradiating state in nature during testing as per the Contract Service Agreement.
Article -13 Penalty
Both the parties will be attracted penalty individually subject to their failure or breach of this contract as mentioned below
FOR THE FIRST PARTY if and only the said care taker doesn't bring the article for testing at the specified place on the schedule date and within the due time or if the article fails to perform all the functions as declared by himself or finally it any successful business transaction does not take place because of the said care taker and his part's any personal claims. In that case the deposited assurance amount will be forfeited
FOR THE SECOND PARTY If and only i) The expert and company official does not reach on the schedule date and time ii) If the expert does not come with all sort of testing accessories as required or specified by the other part iii) If after getting all positive tests of the article not be able to start and complete the transaction. The amount of penalty for the second party has been decided mutually Rs.50,00,000.00/- (Rupees fifty Lakh only) which will be handed over immediately to the said care taker.
Article - 14 Secrecy Non- Circumvention & Non-disclosure
Both the Parties warrant and guarantee that they will not contact personally, or otherwise, through any source without the written consent. This will apply to any and all transactions, present and future, with which both the parties and/or their assigns become involved. This provision shall survive and remain binding upon the parties for a minimum period of five [5] years from the date of signing this Contract. Should any of the party violate this Agreement, it hereby agrees to bear any and all expenses and costs incurred by both the parties to litigate a satisfactory settlement.
Article - 15 Solution to Disputes
The Parties hereto agree to make each and every effort for resolving all eventual disputes, claims in an amicable manner and to resort to Arbitration or Legal course only after all such efforts have failed.
This Contract is made under the Indian Laws and will not be assignable by both the parties and contains the entire contract in-between parties and shall not be modified or amended except by a signed agreement. The waiver by any of a breach of any provisions of this contract shall not be a waiver of any subsequent breach. The endorsement, execution and return of the original of this Contract by the Buyer and the said CARE TAKER will be sufficient acceptance of this Contract and shall be an indication that the party executing this Contract has the proper authority to enter into this Isolated and Radiated Instrument or Copper Based Rice Puller DEAL Contract.
Article – 16 Terms of the Contract
This Contract shall remain in full force and effect until the obligations of each party to exchange funds for the above said instrument have been totally fulfilled, including any mutually agreed extensions and / or renewals of this contract. This contract shall be binding upon the parties, their principals, successors, heirs, assigns, attorneys, agents
and any other party that delivers or claims benefits from, or becomes Rehain Metal Corp with this contract or its subject matter. (This clause is valid provided the materials after testing is
found to be good for sale). Article – 17 Exclusively
The Buyer hereby grants irrevocable and exclusive right to the said care taker to transfer and deliver to the Buyer, the contracted item/ instrument described herein, for as long as this contract shall remain in force and effect. The said care taker, hereby grants to the Buyer an irrevocable right, title and / or claim to purchase from the said
Care taker the contracted item / instrument described herein, for as long as this contract shall remain in force and effect.
Article -18 Commencement validity and termination
This Contract shall come into force when authorised signatures of both the parties are affixed together and other pages are initialled by the same signatory. It shall remain valid irrespective of the failure/non-enforceability / invalidity of any party thereof. It shall terminate either on conclusion of the transaction or on expiration of a proper and reasonable notice by either party, to withdraw from the Contract or immediately upon service of a "Cease-& Desist" order by one party on the other. This contact also may be terminated if any kind of false statement by any party have made in this contract.
In witness whereof these presents have been executed by the Parties hereto the day, month and year first above written.
Signed at……………………………………. on…………………
SAID CARE TAKER
By my signature hereto, I affirm with full legal and
corporate responsibility the existence and deliverability of the contracted Isolated and Radiated Instrument or Rice Puller, owned and held by our Organisation, and this is our Contract to TRANSFER the said rare item/object exclusively to the
Buyer. BUYERS MANDATE
By my signature hereto, I affirm with full legal and corporate responsibility the existence and deliverability of the contracted Isolated and Radiated Instrument or Rice Puller, owned and held by our Organisation, and this is our Contract to TRANSFER the said rare item/object exclusively to the Buyer.
Signature …………………… Signature …………………… Name ……………………. Name …………………….
Identity Proof …………………… Identity Proof …………………….
Witness:
1. …………………………………………….
2. ……………………………………………..
3. …………………………………………….