Dealer Consortium Agreement

8/12/2019 Dealer Consortium Agreement

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INDIA NON JUDICIAL

Government of Karnata

e-Stamp

lN-KA73455854046434M

02-Jun-2014 1 2:40 Pl\,4

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Certiticate No.

Certificate lssued Date

Account Feference

U nique Doc. Reference

Purchased by

Description of DocumentDescription

Consideration Price (Bs.)

First Party

Second Party

Stamp Duty Paid By

Stamp Duty Amount(Rs.)

NONACC (BK)/ kakscubOS/ BHADRAVATy KA-SM

SUBI N-KAKAKSCUBOSOl 907309642028M

K RAGHAVENDRA KAWAD

Article 4 Aff idavitAFFIDAVIT UNDERTAKING BY MEMBER OF CONSURTIUIVI

0(Zero)

: K RAGHAVENDRA KAWAD: HPCL: K RAGHAVENDRA KAWAD; 1oo

(One Hundred only)

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Please write or type below this li

l/We K. Raghavendra Kavad, Prop: Raghavednra Fuels (Dealer Code: 158578S)resident of Bhadavathi, do hereby solemnly affirm and declare as under:

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2. I, K. Raghavendra Kavad, along with other Retail outlet dealers listed in the table

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1. I, K. Raghavendra Kavad, Proprietordealer of HPC, located at Shimoga town,Hassan Location of HPC.

of M/s.rRaghavendra Fuels, retail outlet

supplies to which are being made from

HPC in tank trucksvalid for the entire

below have formed a consortium to take MS/HSD supplies fromowned by members of the consortium. This consortium shall becontract period of POL transport contract.

Sr.No.

Name of RO dealer RO location

V. Krishna MurthyM/s. Sri Venkateshwara Service Station

Bhadravathi

3. That V. Krishna Murthy, Prop: M/s. SRI VENKATESHWARA SERVTCE STAT|ON,Retail outlet dealer located at Bhadravathi is owning 1 no. of tank truck s whichhas/have been offered in the tender for transportation of products to meet therequirement of all the above members of this consortium Ex- HASSAN deoot / terminar.

4. That in case this consortium is awarded transport contract by HPC, supplies to theabove mentioned Retail outlets shall be made through the tank trucks offered by thisconsortium in the tender.

5. I, K. Raghavendra Kavad shall not demand supplies to our aforesaid retail oufletthrough any other tank trucks during the period of this conhact. In case of any exigency,we shall abide by the arrangement made by HPC at its sole discretion.

6. l, K. Raghavendra Kavad, being a member of the consortium, shall be individuallyresponsible for the Quality and the Quantity of the petroleum products received at our

outlet premises through the tank trucks of the consortium, irrespective of which oftank trucks has delivered the petroleum products.

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INDIA NON JUDICIAL

Government of Karnataka

e-Stamp

lN-KA73453221260007M

O2-Jun-2014 12:39 PMNONACC (BK)/ kakscubos/ BHADRAVATy KA-SM

suBlN-KAKAKSCUB0801 89803671 6690MV KRISHNAMURTHY SON OF LATE VENKATARAMANA

Article 12 BondCONSURTIUM AGREEI\4ENT0(Zerol

: V KRISHNAMURTHY SON OF LATE VENKATARAMANA: K RAGHAVENDRA KAWAD: V KRISHNAMURTHY SON OF LATE VENKATARAMANA: 100

(One Hundred only)

$iqtq qqaCerlificate No.

Certif icate lssued Date

Account Reference

Unique Doc. Reterence

Purchased by

Description of DocumentDescription

Consideration Price (Fs.)

First Party

Second Party

Stamp Duty Paid By

Stamp Duty Amount(Rs.)

.-."...---Please v,,rite or tvoe below thls line----- -- -- ------- -

CONSORTIUM AGREEMENT

SRI VENKATESTTWARA SERVICE STATION

THIS AGREEMENT is made onthe 3'd dav of June.2014.


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BETWEEN: SRI VENKATESHWARA SERVICE STATION,(Deater Code:12677310), HPCL RETAIL OUT LET whose registered office is atBARANDUR" BHADRAVATTII

AI\DCode: 15857820) whose registered office isHRTIL{GHAVENDRA FUELS, (DeaIeT

@6t Gopala Extension, ShimogaRECITALS

WHEREAS the Parties wish to co-operate over to bring petol and diesel fromHPCL Terminal, Hassan to both the retail outlets in one Tank Truck.

AND wrrERDAs this consortium Agreement sets out the relationship betweenthe Parties and the organization of the work.

IT IS IIEREBYAGREED AS FOLLOWS:-

7 DEFIMTIONS

1'1 In this Agreement, the following terms shall have the following meanings:"Effective Date:" The date of signing of the agreement

Purpose of the consortium: To participate in the tender on behalf of theconsortium and to deliver the right quantity and quality of peholeumproducts to its members.

ender: Tender No.14000010-HD-tl77O/LWC/HASSAN/BULK/

20 dated 28-04-2014individually referred to asember of the consortium shall be

member of the consortium shall be jointly referred to parties

LEAD Member and Authorised signatory

The parties hereto agree that the SHANTHA SERVICE STATION will bethe lead member("Lead member") and authorize him as their agent to signagiFements in their name and on their behalf in relation to the proiect.

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The parties agree that the Lead member will open and maintain a dedicatedbank account in the name of the consortium for the benefit of the Parties andthe use of the consortium. Without prejudice to its authority to contract ongehalf of the Parties in relation to the Transport Contract, the Lead Memberagrees to take all reasonable steps in every occasion to seek and obtain theprior consent of each of the other Parties before signing agreements for thebenefit of the Consortium and the other Parties.

PURPOSE OF CONSORTIUM

The purpose of the Consortium is:r to speci& the organization of the work between the Parties in carrying

out the Transportation Contract and to set out the rights andobligations of the Parties.r participate in the Bulk POL Transportation tender of HPCL and enter

into agreement for the purpose if contract is awarded.. All Special Terms & Conditions, General Terms & Conditions of the

tender no. I 40000 I 0-lID -l 17 7 0 II+CIHASSAN/BULK/ POL/20 I 5-2Q dated 28-04-2014 and the Transportation Agreement and Transportdiscipline guidelines are applicable and the consortium and itsmembers shall abide by the same.

COMMENCEMENT AND DURATION

This agreement shall commence on the Effective Date and shall continueuntil the completion of the tender on29-02-2020.

duration of this Agreement may be extended beyond 29-02-2020, atof the Parties, for suchrior to that date, by written agreement

periods as are deemed appropriate.

ILITIES OF THE INDIVIDUAL MEMBERS OF THE

aereed between the Parties that each member of the Consortiumbe jointly and severaly liable for all acts done by the Consortium.

A

c)

d)

The Parties are not permitted to change their name or their constitution duringthe term of the agreement.

Each party shall ensure to take necessary steps so that the work under theshall not be effected at anv time due to anv act or

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is also hereby agreed that none of the Party shall be permiued to withdrawfrom the consortium once the contract dated ^, has been awarded byHPCL in favour to this consortium. 4L

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Each party shall indemnifu and keep indemnified I{PCL against all acts ofomission or negligence on their part or on part of other members of theconsortium.Each Party undertakes to each other Party to perform and fulfilon time thetasks assigned to it by the Steering Group and all other of its obligationsunder this Agreement.

Each Party agrees not to issue any press releases or other such publicitymaterials relating to the work of the Consortium without obtaining priorapproval from the other Parties.

Share Proportion

The share ration ofeach of the parties to the consortium shall be as under

The liabilities of the parties towards each other shall be limited to theproportion of the shares that they hold in the consortium. However theliablilities of the Parties towards HPCL shall not be restricted to the amountof shares that they held. They shall be jointly and severally liable for allclaims made by IIPCL, however after setting the claims of HPCL the partiesmay intemally settle their accounts as per their share ratio.

UTION

are made from HPCL to the SRI VENKATESHWARA SERVICE. Thereafter SRI VENKATESHWARA SERVICE STAION

ion the budget between the Parties as per the following terms.

ANDUNDERTAKINGS

listed in the table below have formed a consortium to take MS/HSD supplies fromTIPCL in tank tnrcks owned by members of the consortium. This consortium shallbe valid for the entire contract period ofPOL transport contract.

c)

6.

.o/oo/o

ABC

Sr.

No.

Name of RO dealer RO location

Sri Venkateshwara ServrceStation

Mangalore

ll Rlaghavendra Fuels Mangalore/+,.ffi

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8.2 That lWs. Sri Venkateshwara Service Station, Retail outlet dealer located atBhadravathi is owning I no. of tank truck which has been offered in the tender fortransportation of products to meet the requirement of all the above members of thisconsortium Ex.HASSAN terminal.

8.3 That in case this consortium is awarded transport contract by HPCL, suppliesto the above mentioned Retail outlets shall be made through the tank trucks offeredby this consortium in the tender.

8.4 The Parties hereby agree that they shall not demand supplies to their aforesaidretail outlet through any other tank trucks during the period of this contrct. In caseof any exisgency, they shall abide by the arrangement made by HPCL at its sole

discretion.

8.5 The parties also agree that being a member of the consortium, shall beindividually responsible for the Quality and the Quantity of the petroleum productsreceived at their retail outlet premises through the tank trucks of the consortium,irrespective of which of the consortium tank trucks has delivered the petroleumproducts.

Each Party acknowledges that it is and shall remain liable for the consequences

of any failure on its part or on the part of its Personnel to fulfiI the tasks andwork packages assigned to it under this Agreement and shall accordingly:

8.6.1 procure and maintain its own insurance, with insurers of good repute,to cover its own liabilities and those on behalf of its Personnel:

Keep true and accurate records ofall things done by its Personnel in relation toand workpackages assigned to it under this Agreement.

and assist the Consortium, complying with all relevant statutes, laws,codes of practice relating to its tasks and work packages from time

shall be responsible for providing all appropriate facilitiesas shall be necessary in the proper performance of the tasks

packages, which will be entirely at the Party's own expense.

CONFIDENTIALITY

Each Party hereby undertakes to the other Parties to make all relevantemployees, agents and sub-contractors aware of the confidentiality of theInformation and provisions of this clause and without prejudice to the

andand

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generality of the foregoing to ensure compliance by such employees' agentsand sub-contractors with the provisions of this clause'

10 GOVERNING LAW AND DISPUTE RESOLUTIONThis Agreement shall be govemed by and construed in accordance withIndian law and the parties irrevocably agree that any dispute arising out oforin connection with this Agreement will be subject to and within theiurisdiction of the Courts in India situated at BHADRAVA

The Parties agree to use best efforts to resolve disputes an informalmanner. However if the disputes or differences are not amicably

behveen the Parties, the matter shall bereferred

toSole to be

Act.l996 andthe exclusive

appointed by the Court as per the Arbitration and Conciliatrules made thereunder. All the Parties submit themselvesiurisdictions of the courts of BIIADRAVATHI.

The costs of the Arbitrator and arbitration proceeding shall be borne equallyby the parties .

I1 ASSIGNMENTSave as permitted for under this Agreement, neither this Agreement nor anyofthe rights and obligations under it may be sub-contracted or assigned byany party without obtaining the prior written consent of the other parties. Inany permitted assignment, the assignor shall procure and ensure that theariign". shall assume all rights and obligations of the assignor under thisAgreement and agrees to be bound to all the terms of this Agreement'

IN WITNESS WHEREOF, the Parties hereto have caused this instrument to beexecuted in duplicate by their duly authorized officers as on the day and year first

above written

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Documents

Dealer Consortium Agreement