Annual Maintenance Contract (AMC)

This Annual Maintenance Service Contract (here in after referred to as the “Agreement”) is
made on 7th December 2022

By and Between

Agile Solutions Pvt. Ltd., a company duly registered under the laws of Nepal with
Registration Number…………, PAN No…………. and having its registered office at
Gairidhara (here in after referred to as “Service Recipient” or “First Party”)

And

Sajilo Marmat Sewa Private Limited, a company duly registered under the laws of Nepal
with Registration Number 170039/73/074, PAN No 605935136 and having its registered
office at Kathmandu District, Kathmandu Metropolitan City, Ward no.32 (hereinafter referred
to as “Service Provider” or “Second Party”).

Here in after individually referred as the “Party” and together as the “Parties”.

Whereas,

A. Service Provider is a company incorporated to provide the maintenance service for

plumbing, electrical and Computer System.
B. Service Recipient is willing to engage the Service Provider for obtaining the annual
maintenance for Plumbing, electrical and computer System (the “Service”).

Now, Therefore, both Parties hereby agree that the Service Provider shall provide a
maintenance service of Plumbing, Electrical and Computer System as per the terms and
conditions set forth below.

1. Engagement
1.1. The Service Recipient hereby engages the Service Provider, and the Service Provider
accepts such engagement for the annual maintenance services of Plumbing, electrical
and Computer System.
1.2. The Service Recipient agrees that the engagement of the Service Provider is on an
exclusive basis and the Service Recipient shall not obtain the services similar to
Services under this Agreement from other third parties.

Scope of Annual Maintenance Service

1.3. The annual maintenance work which the Service Provider shall carry out under this
Agreement includes the Plumbing, electrical and Computer System maintenance
service as set forth in Annexure 1
1.4. The Services shall be provided in the Service Recipients’ outlet at Gairidhara (the
“Site”).
1.5. Phone assistance and support to evaluate and diagnose the Plumbing, Electrical and
Computer System maintenance work required shall be provided between 9 a.m. to 6
p.m.

2. Quality of the Service

2.1. The Service provider shall ensure timely and efficient repair and maintenance of the
Equipment. The Service Provider shall ensure timely and efficient repair and
maintenance service of the Plumbing, electrical and Computer System.
2.2. The Service Provider shall employ the technicians skilled in the Plumbing, electrical
and Computer System.
2.3. Parts rendered as repairable, detected during the course of maintenance shall be
repaired by the Service Provider.
2.4. The necessary tools and instruments required to the technicians during the
maintenance at the Sites shall be provided by the Service Provider.
2 . 5 . The Service Provider shall comply with the safety rules and guidelines of the Service
Recipient, if any.

3. Response and Resolution Time

3.1. The Service Provider shall respond and reach the working site within 24 hours of
reporting the issue by the Service Recipient.

4. Reporting Requirement
4.1. The Service Provider shall immediately inform the Service Recipient if any parts
require to be replaced and shall provide a quotation of such spare parts to be replaced
to the Service Recipient.
4.2. Spare parts required at the time of maintenance shall be provided by the Service
provider if the Service Recipient so requires.

5. Effective Date and Term

5.1. This Agreement shall be effective from December 7th 2022 (“Effective Date”).
5.2. It shall remain in force for a period of One year (“Term”) unless terminated
earlier pursuant to Clause 10 of this Agreement.
5.3. The Term of this Agreement may be renewed in mutual consent of the Parties.
Parties shall reach a consensus on renewal at least 15 (fifteen) days prior to the
expiry of the Term. Such renewal shall be made in writing.
5.4. For renewal of the Term pursuant to, either Party may e mail a notice to the other
party at least 30 (thirty) days prior to the expiry of the Term.

6. Responsibilities of the Service Recipient

6.1. If the Service Recipient experiences maintenance problems with the Plumbing,
electrical and Computer System Recipient shall notify Service Provider’s Customer
Support Department by phone calls or Viber or email in the contact details as set forth
in Annexure 2 for the verification of the problems and to arrange for the necessary
maintenance services.
6.2. The Service Recipient hereby assigns following persons to coordinate with the
Service Provider.

Name: Ramesh Bhandari

Phone no.: 9849817300
E-mail: Ramesh.bhandari@agile.com.np
 Alternative Contact:
Name:
Phone no.:
E-mail:
6.3. Any reporting of defects or request for maintenance service from personnel other than
personnel designated under Clause 6. Shall not be treated as valid reporting of
problems or defects or valid request for maintenance services.
6.4. The Service Recipient shall make timely payments as stated in Clause 7. Of this
Agreement.
6.5. The Service Recipient hereby agrees that no unauthorized repairs or attempted repairs
of the Plumbing, electrical and Computer system shall be made by the Service
Recipient’s employees, agents, or by third parties. If such unauthorized attempts to
repair are performed, the Service Provider shall not be liable for the damage caused.
Further, the Service Provider shall charge the Service Recipient the fee for such
additional required service (“Rectification Fee”), and the Service Recipient hereby
agrees to pay such additional charges.

7. Service Fee and Invoicing

7.1. The Service Fee to be paid by the Service Provider to the Service Recipient shall be
as set out in Annexure 2 (“Service Fee”).
7.2. The Service Fee is exclusive of applicable VAT and shall be paid in Nepalese
Rupees.
7.3. The Service Provider shall raise the invoice for Rectification Fee, Service Fee and
Emergency Visit Fee (collectively referred to as “Fee”) in a monthly basis.
7.4. Payment of the Fee shall be made within 7 days of receiving the invoice from the
Service Provider.
7.5. The Fee is subject to revision during the time of renewal of the Agreement in
accordance with the maintenance price quoted by Service Provider.

8. Services not Covered

8.1. The following Services are not covered within this Agreement:
 The cost of parts replaced during the maintenance work shall not be covered.
  Service charge and parts regarding installation of new system shall not be covered.
8.2. Service Provider shall not be liable for damages or loss due to external event, natural
calamities, Other unavoidable circumstances.

9. Representations
9.1. The Service Provider represents and warrants the following:
A. The personnel signing this Agreement on behalf of the Service Provider has the
necessary authority to enter into this Agreement on behalf of the Service Provider.
B. The Service Provider is allowed to conduct the business of providing the
maintenance service under its Memorandum of Association and Articles of
Association and has obtained necessary licenses and approvals.
9.2. The Service Recipient represents and warrants the following:
A. The personnel signing this Agreement on behalf of the Service Recipient has the
necessary authority to enter into this Agreement on behalf of the Service
Recipient.

10. Termination
10.1. This Agreement may be terminated by either Party in writing if the other Party
commits a material breach of this Agreement and fails to remedy such breach within
30 days of being brought to the attention of the other Party. In such an event, the Fee
should be applied on pro-rata basis, up to termination and any balance due/excess
paid shall be paid or refunded.
Warranty
10.2. The warranty for the parts replaced pursuant to Clause 4.1.and 4.2.of this Agreement
shall be for the period as specified by the manufacturer of such parts.

11. General Provisions

11.1. Confidentiality: This Agreement, including any information received in connection
herewith, is confidential and shall not be disclosed by the Parties except when such
disclosure is authorized by the other Party in writing or is required by the state
authorities or courts in accordance with the prevailing laws.
11.2. Force Majeure: The Service provider shall be relieved of its liability if it is unable to
carry out maintenance, repair the equipment or supply spare parts, if such is due to the
circumstances beyond the reasonable control of the Service Provider such as war, fire,
natural catastrophe, accident, or import restrictions.
11.3. Governing Law and Dispute Resolution: This Agreement shall be interpreted and
constructed as per the applicable laws of Nepal. Any dispute arising out of this
Agreement shall be tired to be settled amicably within 15 (fifteen) days from the date
of such dispute. Failing so, the dispute shall be submitted to the court of Nepal for
resolution.
11.4. Legal Compliance: In carrying out the obligations under this Agreement, the Service
Provider shall at all times and under all circumstances comply with prevailing laws of
Nepal.
11.5. Amendment: This Agreement constitutes a legally binding obligation between both
Parties hereto. No changes, alteration or modifications hereto shall be effective unless
it is in writing, refers to this Agreement and is duly executed by each Party to this
Agreement.
11.6. Cumulative Remedy: All rights granted to either of the Parties shall be cumulative
and no exercise by either of the Parties of any right under this Agreement shall restrict
or prejudice the exercise of any other right granted by this Agreement or otherwise
available to it.
11.7. Annexes: The following Annexes to this Agreement form part of its and shall have the
same full force and effect as if expressly set out in the body of the Agreement:

Annex 1: Scope of Work

 Annex 2: Service Fee

11.8. Counterparts: This Agreement has been executed in two (2) counterparts, with each
counterpart being considered as the original Agreement.

IN WITNESS whereof the Parties hereto have caused this Agreement to be executed in
accordance with the laws of Nepal and set their signatures.

For and on behalf of the Service For and on behalf of the Service Provider
Recipient
Sajilo Marmat Sewa Pvt. Ltd.,
Agile Solutions Pvt. Ltd,
Thadodhunga, Lalitpur
Gairidhara, Kathmandu

_____________________
_____________________
Name: Mr. Kawish Bhakta Shrestha
Name:
Designation: Marketing Director
Designation:

____________________
___________________
Witness Name
 Witness Name

The Service Recipient, for the purpose of receiving the Services may contact to the Service
Provider through the phone calls, Viber or emails at:
Primary Contact: Viber Group

Name: Saru Gorkhali

Phone No.: 9801888282; 9801888246

E-mail:saru7.sms@gmail.com

Annexure 2: Service Fee

 The cost of the Support Service would be as below

 Electrical Rs 4950
 Plumbing Rs 2450
 Computer System Rs 550 per user
 Agile Solutions Private Limited assured payment within 45 working days.
 TDs would be deducted as per Regulations.
 The service and support would be carried in harmony and regular workflow. In case of
critical and unfortunate cases, it will be deal on mutual understanding by both the parties.
 In the worst case, if the situation goes out of point, this agreement would be void and
terminated with the payment of that day service.