The parties to the Dealership Agreement should resort to the consented Dispute Resolution Mechanism Panel consisting of Mr. Roshan (Retired High Court Judge), Mr. Vijay Kumar (Senior Advocate – Supreme Court) and Mrs. Kareena Chopra (Retired High Court Judge), in case of any dispute arising out. Reference to the Dispute Resolution Panel can be made by either of the parties, whose decision shall be final.
Clause 27 – FORCE MAJEURE
Neither party shall be in breach of any obligation, including payment obligation, or incur any liability to the other Party for any losses or damages whatsoever incurred or suffered by the other, if and to the extent that it is prevented from carrying out those obligations by or such losses or damages are caused by a Force Majeure event.
Clause 32 – LIMITATION CLAUSE
Without causing prejudice to the Limitation Act, 1963, the respective Party to the Dealership Agreement shall resolve the dispute with the other party, by invoking Clause 21 within 90 days from the date of communication to the other party, regarding initiation in any manner, of Clause 21. In the event of time lapse, neither party can invoke Clause 21 of the Dealership Agreement.
Clause 34 – COMMENCEMENT OF DISPUTE RESOLUTION MECHANISM
For the purpose of Clause 32, the Dispute Resolution Mechanism shall be presumed to be commenced on the date of reference to the Dispute Resolution Panel.
Clause 45 – PAYMENT DEFAULT
In the event of payment default by the Company to the Manufacturing Company, the latter is vested with the optional power to claim an interest of 10% on the outstanding amount and take any other reasonable actions.