CONTRACT FOR SECURITY GUARD SERVICES
This agreement is made on ……. day of May 2007, by and between
M/s. ABC Limited, a Public limited company incorporated in the
Companies Act’ 1956, having its registered office situated at 1234, xyz
Nagar, New Delhi – 110001, (hereinafter referred as First Party) which
expression shall unless repugnant to the subject or context mean and
include includes its heirs, successor and assigns, through its authorized
representative Mr. …………………….. of First Part, and
M/s …………………………………………., a company / firm /
proprietary concern having its office at ……………………………………….
(hereinafter referred as Security Company) on the second part.
WHEREAS first party intends to take the services of security company for
its manufacturing plant situated at
………………………………………………………………………………………
………………………………………………………………………………………
……………………………….
WHEREAS Security Company agree to provide the desired services to
First party as required by them time to time.
Now, therefore, this agreement witnessed and it is hereby mutually
agreed to by and between parties hereto as follows that: -
1. The security Company shall provide the agreed services, at the
aforesaid premises with effect from …. May 2007 and shall
continue to provide as per direction and requirement of first party
and as per the schedule prescribed by the first party, and if the job
demands, the work would be carried out in shifts accordingly.
2. This agreement comes into force on ….. May 2007 and will last till
…… ……. 2007, on which date, it shall automatically come to an
end, unless the parties extend it on the terms mutually agreeable.
The first six-months shall be probation period and will not be
confirmed unless the first party is satisfied with the performance of
the Security Company. The confirmation shall be made in writing.
3. Either party desiring to terminate the agreement shall give at least
30 days (Thirty days) notice to the other party.
4. The first party shall terminate the agreement at any time without
giving notice to the Security Company, in the event of failure of the
Security Company to adhere the terms and conditions of the
agreement and non-satisfactory performance.
5. The First Party does hereby covenant and agree that it shall:
i. Pay the Security Company Rs. …………. per hour for …… security
persons for a minimum of …. hours, to be paid by cheque, payable
in the name of Security Company with in 7 days at the end of every
month.
ii. Agrees to cooperate with the Security Company so that Security
Company can carry out the prescribed duties (defined below), and
be allowed to do so.
iii. Provide a list of at least two officers who shall serve as the
representatives of First Party for the event and ensure that the
representatives are accessible and available throughout the
duration of the function to assist the Security Company in carrying
out the prescribed duties (defined below).
iv. The first party shall determine the shift timings for execution of the
agreed services and communicate it to the security Company. The
Security Company shall ensure strict adherence to the shift
timings. In event of delay of more than 30 minutes at the beginning
of the shift timings, the first party shall be entitled to Rs. 500/-
(Rupees Five Hundred Only) damages, which, at the option of first
party, may be deducted from the payment made / to be made by it
to the security Company.
6. The Security Company covenants and agrees that it shall:
i. Provide adequate security for the premises situated at
………………………………………………………………………………
………………………………………………………………………………
………………………… and the materials, personnel and all other
things lying out in the said premises.
ii. Supply the guards in proper uniforms with security tolls.
iii. While present, the Security Company’s guards shall maintain a
check station at the entrance to the function and appropriate record
shall be maintained by the Security Company.
iv. Engage and deploy adequate manpower to perform all the jobs
assigned by the first party in relation to the quantum of the work.
v. Perform the entire job on its own.
vi. Cooperate and comply with instructions from the representatives
of the first party. The security Company shall enforce discipline
and good order.
vii. Not provide such man power, which in the opinion of first party,
hinder, and interfere, with the business operation of first party or
with the work of any other contractor employed by the first party.
viii. Perform all the agreed services effectively and efficiently with due
diligence and care adhering to the specification laid down by the
first party and to the fullest satisfaction of the first party.
ix. If the first party reasonably believes that the Security Company is
failing to perform the agreed services in accordance with this
contract, then the first party can ask the Security Company to stop
the agreed services until such time till cause of such stop order has
been eliminated.
x. If the Security Company fails to perform the agreed services
properly (including man power shortage of any type) or fails to
perform any provision of the contract, the first party shall have
right to terminate the agreement immediately and shall deduct
from the payment due, the cost incurred to make good of the
deficiency, including but not limited to loss of business, penalties
by the customer of the first party etc.
xi. The Security Company shall be held responsible for the losses or
damages incurred by the first party on account of this contract and
all such damages shall be recovered from the first party.
xii. Defend, indemnify and hold the first party its officers, agents,
consultants and employees harmless from and against all losses
arising directly or indirectly out of the performance of or failure to
perform this contract by any of them. For the purpose of this clause
losses include without limitation all losses, costs, expenses
(Including court costs and attorneys fees, interest and profit)
claims, demands, fines, penalties, suits by persons and persons
injuries, damages or death and other liabilities of whatever kind or
nature. The indemnity shall survive even after termination of
contract.
xiii. The Security Company shall be responsible for proper usage of all
infrastructure and assets provided by the first party for execution
of agreed services.
xiv. The Security Company shall purchase and maintain such insurance
at its own cost, in addition to the insurance coverage statutorily
required to cover the any bodily injury, disability benefits and
death of its security guards. The Security Company shall provide
the first party with current insurance certificates through the term
of this agreement.
xv. The Security Company represents and warrants that it has
examined and thoroughly familiarized itself with all existing
conditions affecting the agreed services, including laws that apply
to, relate to or affect the agreed services.
xvi. The Security Company represents and warrants that it is
authorized to do the business in the jurisdiction where the agreed
services shall be performed and properly licensed by all necessary
statutory, Government, public and quasi public authorities having
jurisdiction over Security Company and over agreed services.
xvii. The Security Company shall not engage into any activity, which is
in competition with the business of the first party and shall not in
any manner concerned or interested directly or indirectly with the
business of manufacture of Seating System / PU foam pads and
parts thereof of any type during the tenure of this agreement and
for further 5 years from the date of the completion of this
agreement or extensions of the same.
xviii. The Security Company indemnifies and will keep indemnified the
first party against all and any claims & disputes etc made / to be
made by any agents / workers / officers / employees and or
Government Authorities in relation to the manpower and or agreed
services being provided by the Security Company to the first party.
xix. Be held responsible for complying with the safety norms and code
of conduct of business introduced and or advised by the first party.
xx. Not at any time during or after the period of contract divulge or
allow to be divulged to any person relating to the affairs of the first
party.
7. The Security Company agrees that the terms of this agreement
will be kept confidential by the Security Company and its agents,
employees and except as may be required by law and shall not be
disclosed in any manner what so ever, in whole or in part, by the
Security Company, or its agents and employees without prior
written consent of the first party.
8. The Courts at New Delhi will have exclusive jurisdiction for any
issue / dispute arising out of or in connection with this agreement.
In witness whereof the parties hereto have set and subscribed their
respective signatures in presence of the witness below named on the ….
day of May 2007 first in above mentioned.
For ABC Ltd For ……………………………………….
Authorized Signatory Authorized Signatory
Witness:-
1. 2.
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