You are on page 1of 3

To,

Reliance Retail Limited,


3rd Floor, Court House,
Lokmanya Tilak Marg,
Dhobi Talao,
Mumbai-400002, India
Date: 05-07- 2023

Subject: Letter of Undertaking cum Declaration (“Undertaking”)

Dear Sir/ Ma’am,

This is with reference to the Agreement dated 04-07-2023 executed between Rama Dawar, A sole
proprietorship firm] with CIN: [insert the CIN for company] [incorporated/ registered] under the
laws of India and having its registered office at IInd FLOOR,10, MADHAV KUNJ,
, PRATAP NAGAR, AGRA, Agra, Uttar Pradesh, 282010 (“Vendor” or “us” or “we” or
“our”) and Reliance Retail Limited, a company incorporated under the Companies Act, 1956 and
having its registered office at 3rd Floor, Court House, Lokmanya Tilak Marg, Dhobi Talao Mumbai,
Maharashtra - 400002 (“Reliance” or “you”) (“Vendor/Purchase Agreement”/ “Terms of Trade”)
for listing of various products including but not limited to apparel and/or footwear and/or related
accessories (“Products”). All capitalised terms used but not defined herein shall have the same
meaning as ascribed under the Vendor/Purchase Agreement/ Terms of Trade.

In lieu of the Footwear Products (defined below) sold and/or supplied by us and purchased by you
pursuant to the terms of the Vendor/Purchase Agreement/ Terms of Trade, we have agreed to provide
you with this Undertaking and hereby confirm, assure, declare, and irrevocably undertake to comply
with the following:

(1) Micro and/or Small Enterprise Status: We confirm and assure you that we are procuring
Footwear Products from micro and/or small manufacturing enterprise as defined in Section 7
of the Micro, Small and Medium Enterprises Development Act, 2006 (“Act”) as amended
from time to time and we have furnished hereunder as Annexure A to this Undertaking valid
registration certificate issued under the Act by the relevant statutory authority to such micro
and/or small manufacturing enterprise from whom we are procuring Footwear Products.

(2) Exemption: We confirm that pursuant to the manufacturers’ micro and/or small enterprise
status read with the Amendment Orders (defined below) the compliances under Footwear
Made from Leather and Other Materials (Quality Control) Order, 2022 and Footwear Made
from all Rubber and all Polymeric Material and its Components (Quality Control) Order,
2022 are not currently applicable to these manufactures and as a result Footwear Products
sold and/or supplied by us pursuant to the terms of the Vendor/Purchase Agreement/ Terms of
Trade are exempt from the compliances under the Footwear Made from Leather and Other
Materials (Quality Control) Order, 2022 and Footwear Made from all Rubber and all
Polymeric Material and its Components (Quality Control) Order, 2022.

(3) Compliance with Standard Mark: In the event we are not procuring Footwear Products
from micro and/or small manufacturing enterprise as defined in Section 7 of the Act, as
amended from time to time, we confirm and assure you that all Footwear Products that will be
sold and/or supplied by us pursuant to the terms of the Vendor/Purchase Agreement/ Terms of
Trade will be compliant with the applicable Quality Control Orders (defined below) and shall
bear the requisite Standard Mark under a license from the Bureau of Indian Standard as per
Scheme-I of Schedule-II of Bureau of Indian Standards (Conformity Assessment)
Regulations, 2018 including any amendments thereof.

Page 1 of 3
(4) Return of non-compliant product: We agree and confirm that if any Footwear Products sold
and/or supplied by us pursuant to the terms of the Vendor/Purchase Agreement/ Terms of
Trade are not compliant with the applicable Quality Control Orders and does not bears the
requisite Standard Mark under a license from the Bureau of Indian Standard as per Scheme-I
of Schedule-II of Bureau of Indian Standards (Conformity Assessment) Regulations, 2018
including any amendments thereof, then you shall have the right to immediately delist such
non-compliant Footwear Products from all online portals owned, operated and managed by
you and we agree to immediately refund to you the purchase price of such non-compliant
Footwear Products and also reimburse you any and all ancillary cost, charges and expenses
(including but not limited to transportation charges, etc.) incurred by you in relation to such
non-compliant Footwear Products.

(5) Indemnity: Notwithstanding anything contained in the Vendor/Purchase Agreement/ Terms


of Trade, we agree to defend, indemnify and hold, Reliance, its affiliates, directors,
management, representatives, employees, advisors, officers and agents harmless from any
losses, demands, liabilities, claims, damages, suits, charges, actions, awards, judgments, costs
and expenses incurred, sustained or suffered by Reliance due to or in connection with the
breach of any of our obligations under this Undertaking.

(6) Jurisdiction: This Undertaking shall be governed by laws of India (without reference to the
conflicts of laws principles) and the courts at Mumbai, Maharashtra shall have exclusive
jurisdiction to settle any dispute that may arise in connection with this Undertaking.

(7) Free will: We agree and acknowledge that we are executing this Undertaking by our own free
will and without any coercion, intimidation, or threat of retaliation. We acknowledge that you
have not exerted any undue pressure or influence on us in this regard. We understand that this
Undertaking is for legal and regulatory compliance purpose and we had reasonable time to
assess and determine our legal and regulatory compliance status before executing this
Undertaking.

(8) Definition: For the purpose of this Undertaking:

(a) “Footwear Products” shall mean and include: (i) all footwear products either, made of:
(a) all Rubber and all Polymeric Material and its components, or (b) Leather and Other
Materials; and/or (ii) all Personal Protective Equipment Footwear;

(b) “Quality Control Orders” shall mean either – (i) Footwear Made from Leather and Other
Materials (Quality Control) Order, 2022; or (ii) Footwear Made from all Rubber and all
Polymeric Material and its Components (Quality Control) Order, 2022; or (iii) Personal
Protective Equipment Footwear (Quality Control) Order, 2020; and any amendment thereof.

(c) “Amendment Orders” shall mean either – (i) Footwear Made from Leather and Other
Materials (Quality Control) Amendment Order, 2022; or (ii) Footwear Made from all Rubber
and all Polymeric Material and its Components (Quality Control) Amendment Order, 2022.

Please note that the terms and conditions of this Undertaking shall be treated as binding on us, and in
case you have any queries or require any further information or clarification or actions from our end,
please feel free to contact us at the coordinates provided below.

For and on behalf of

Page 2 of 3
RAMA DAWAR

__________________________
(Authorized Signatory)
[Name: insert name of authorized signatory]
[Designation: insert designation]

ACCEPTED For and on behalf of Reliance Retail Limited

_________________________
(Authorized Signatory)
[Name: insert name of authorized signatory]
[Designation: insert designation]

Page 3 of 3

You might also like