Payment authorisation and automation agreement
The parties specified hereunder agree to the following terms and conditions
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M/s Arora Agencies, is a Proprietary firm having its head office at 130, Nijatam Nagar Jalandhar - Punjab, hereinafter referred to as the ‘Seller’ (which shall unless repugnant to the context thereof, include its successors-in-interest and permitted assigns) of one part, and
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The User of ‘Tenweeks’ system (https://tenweeks.in) hereinafter referred to as the ‘Buyer’, (which shall unless repugnant to the context thereof, include its successors-in-interest and permitted assigns) of the other part.
Background –
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The Seller is a trader of goods, engaged in the supply of Electrical Goods (Philips Lighting, AO Smith appliances, Polycab Wires)
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The Seller has developed an online payment authorisation and automation system referred to as ‘Tenweeks’ (https://tenweeks.in),
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The ‘Tenweeks’ system enables seamless and automated payments from the Buyer to the Seller in respect of the purchases made by the Buyer based on the Credit period offered by the Seller. Essentially, the ‘Tenweeks’ system ensures painless collection for the Seller and automated, timely payments for the Buyer, thereby enabling the Buyers to keep their credit history in good shape.
Whereas the Buyer purchases goods from the Seller in the regular course of business or is desirous of purchasing goods from the seller,And whereas the Buyer has requested the Seller to grant a Credit Period as specified in the Purchase Order issued by it,
And whereas the Seller has agreed to allow the said credit period to the Buyer,
And whereas, the parties hereto wish to enter in to this agreement to formalise the payment terms and method of payment,
And whereas, the parties hereto agree that the electronic acceptance of this agreement shall have the same legal validity and have the same enforceability as a manually executed agreement.
Now this agreement wittnesseth –
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The Buyer shall issue a Purchase Order to the Seller containing the details as per Annexure A of this agreement.
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The Purchase Order shall be communicated by the Buyer to the Seller either Physically, or on E-mail or on messaging and chat services such as Whatsapp, Wechat, etc.
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The Seller, at their discretion may accept the said Purchase Order issued by the Buyer.
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Upon acceptance of the Purchase Order, the Seller shall issue an E-mandate authorising the Seller to debit the Buyer’s bank account with the specified amount of money on the specified date as mentioned as per terms of the Purchase Order.
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The Buyer shall accept the E-mandate and instruct their bank to authorise and activate the same as per procedure set up by RBI and National Payments Corporation of India (NPCI). Any bank charges or levies for registration of the E-mandate will be borne by the Buyer.
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Upon receipt of confirmation, authorisation and activation of the E-mandate from the Buyer’s bank, the Seller will supply the said goods to the Buyer at the price and on the credit terms as mentioned in the Purchase Order.
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Upon receipt of the goods, the Buyer will sign the delivery challan evidencing the receipt of the said goods.
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On the specified date, the Seller shall exercise the E-mandate to debit the Buyer’s bank account with the specified amount of money.
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The Buyer shall ensure sufficient funds in their bank account to cover the payment due as per the E-mandate issued.
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In case the funds are insufficient or the payment fails for any reason, the Seller shall charge the buyer a late fee of Rs. 100/- per day of such default in addition to any bank charges. Such late fees and bank charges recovered will be subject to GST at applicable rates.
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The Buyer may approach the seller before the due date for exercise of the E-mandate by the Seller and place a request for extension of time for payment. Such a request may be placed in writing by way of a request letter or electronically on E-mail or on messaging and chat services such as Whatsapp, Wechat, etc.
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The Seller, at their discretion may accept the extension request placed by the Buyer, subject to terms they may specify for granting such extension. Such terms may include late fees not exceeding Rs._100 per day or interest @ 18% p.a. or both. Such late fees and interest if any shall be subject to GST at applicable rates.
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The Seller shall have all rights available under law for recovery of the funds from the Buyer. The terms of this agreement shall not prevent the Seller from approaching any court or statutory/regulatory authority for recovery of amounts due to the Seller.
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In case of any system failure, outage or downtime in the ‘Tenweeks’ system, the Seller shall have the right to collect their dues from the Buyer and the Buyer shall have the obligation to make payments to the Seller by using other payment solutions including conventional means of cheque payments.
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It is understood that the present agreement is only for the purpose of formalisation of the credit period and automation of the payment process and does not affect the rights of the Buyer and the Seller in any other respect.
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This agreement shall stand terminated to the extent of the Purchase Orders fulfilled by the Seller for which full payment has been received by the Buyer.
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The Buyer and the Sellers represent that they are, in their individual capacity –
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Duly constituted and existing in their respective jurisdictions,
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Have the requisite power and authority to execute, deliver and perform this Agreement and that this Agreement has been duly and validly authorized, executed and delivered by it;
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Its obligations hereunder constitute legal, valid, binding and enforceable obligations; and
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The execution and delivery of this Agreement and the consummation of the Transactions contemplated herein do not breach its organizational documents or any law, provisions of any contract or order of court applicable to it and do not require any applicable governmental approval.