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NOTICE FOR Appointment of SERVO STOCKIST - INSTITUTIONAL

NIT No./Name of the Appointment Application Period


NIT No. – MPSO/Lubes/LDS/2023-24/1 Application document published and download
starts on 01.02.2024 @ 15:00 hrs onwards
Appointment of Servo Stockist – Institutional in Last Date of physical application form
the following locations submission:
21.02.2024 @ 16:00 hrs .

Sr.No Location Revenue District State Area of Operation (Territory)


1 Korba Korba Chhattisgarh Revenue districts of Korba,
Bilaspur,
Janjgir-Champa,
Koriya,
Surajpur,
Balrampur,
Gaurella-Pendra-Marwahi,
Manendragarh-Chirmiri-
Bharatpur,
Sakti.

For any further clarifications, please contact our local sales executives at the following contact number:

Sr. No. Location Name of the Executive Contact No. Email


1 Korba Shri Ankur Rastogi 9425608933 rastogia2@indianoil.in

Interested applicants can download the application form and guidelines from
https://spandan.indianoil.co.in/BPSP/HomePage.jsp . Filled application form with all necessary documents as
mentioned in the NIT/application form must be submitted at the address as mentioned in the NIT on or before the
closing date and time. Corrigendum, if any shall also be published in the same website.
An Exciting opportunity to associate with The leader in the Indian Lubricants Business.

IndianOil is the highest ranked Indian company in the latest Fortune ‘Global 500’ listings. IndianOil's SERVO® is the
brand leader among lubricants and greases in India and has been conferred the “Consumer Superbrand” status by
the Superbrands Council of India.

IndianOil is in the process of strengthening the distribution channel of SERVO® lubricants in Institutional/Reseller
segment by appointing dynamic and aggressive candidates as business partners.

Indian Oil Corporation Ltd. proposes to appoint Servo Stockist Institutional at following locations:

Sr.No Location Revenue District State Area of Operation (Territory)


1 Korba Korba. Chhattisgarh Revenue districts of Korba,
Bilaspur,
Janjgir-Champa,
Koriya,
Surajpur,
Balrampur,
Gaurella-Pendra-Marwahi,
Manendragarh-Chirmiri-
Bharatpur,
Sakti

Note: Indian Oil Corporation reserves the right to change the above “Area of Operation (Territory)” at any point of
time.

 We are the leaders in the lubricants market in India, enjoying strong market share and brand equity. We
manufacture and market the largest range of lubricants in the brand name of SERVO® in the country today
supported by the best research and development centre and technical personnel.
 We are on the lookout for strong, energetic and self-motivated associates to partner with us on this
challenging but exciting and rewarding initiative. The associates are expected to spearhead the systematic
distribution, promotion and selling of our products in the assigned product and area thereby participating
with us in this exciting growth opportunity.
 Applicant should be an Individual or Firm (Proprietorship or Partnership) or Co-operative Society or Limited
Company.

1. Eligibility:
a. Indian by Citizenship.
b. Not less than 21 years of age and not more than 60 year of age on the date of application
c. Minimum Matriculate or recognized equivalent. Preference for qualified professionals.
d. Domicile / Local establishment:
i. If the candidate is an individual he/she should be domiciled or be resident or have established
business in the State/UT for which the stockistship is advertised.
ii. If the candidate is a Partnership firm, at least one partner should be domiciled or be resident or
have established business or the partnership firm itself should have established business in the
State/UT for which the stockistship is advertised.
iii. If the candidate is a Co-operative Society or Limited Company, the society or company as the
case may be, should have established business in the State/UT for which the stockistship is
advertised.
e. FINANCIALLY SOUND to initially generate a working capital of minimum Rs.109 lakhs.

2. Limited Companies & Registered Co-operative Societies/Consumer Co-operative Societies making a net profit for
the previous three consecutive financial years as certified by Chartered Accountant can apply provided they do
not have any criminal records. AGE AND EDUCATIONAL QUALIFICATION ELIGIBILITY CRITERIA WILL NOT BE
APPLICABLE IN THESE CASES.

3. Candidates convicted for any criminal offence including that of moral turpitude / economic offences (other than
Freedom Struggle), are not eligible to apply.

4. In case of partnership firm, each partner should individually meet the eligibility criteria except 1(e). Partnership
firm must meet the eligibility criteria 1(e) as a whole.

5. Existing Servo Stockist/CFA of IOC are not eligible to apply. Servo Stockist whose Stockistship contract has expired
before the last date of application and there is no renewal request pending at IOC as on the date of application
cannot apply. Family member/partners of existing Servo Stockist (SSI/SSR/SSM/SS-Agro/GSS/SSIP) in
Proprietorship/partnership firm or partner(s) of partnership firm are not eligible to apply.

6. The individual or firm or cooperative societies or limited companies that have already been selected by IOC as
any one of the distribution channels namely Servo Stockist or CFA are not eligible to apply.

7. Applicants can apply for different locations, but in case if they get selected for more than one location or more
than one Channel (SSI/SSR/SSM/SS-Agro/GSS/SSIP) they will have to opt for only one channel & one location.
They will have to give in writing their choice of channel & location and forfeit their claim on other channels &
locations where they were also selected, within seven working days in writing. The next eligible candidate as per
the merit list will become eligible for that vacated channel/location.

8. Applicants, whose application is pending at IOC for selection as Servo Stockist or CFA for any location and the
placement of Letter of Appointment (LOA) for such location is not completed as on the last date of submission of
application mentioned in the advertisement, are not eligible to apply.

9. Servo Stockists of IOC who earlier resigned from IOC on personal ground, not because of any irregularities or
malpractices detected by IOC or any other authority, whose resignation has been accepted by IOC and all the
financial dues between the Servo Stockist & IOC have been settled as on the date of advertisement will be
eligible to apply provided that Ex-Servo stockist meets all the eligibility criteria, terms & conditions of NIT &
Application form.

10. Existing Stockists/Distributors of competing brand of SERVO can apply. On selection and appointment, the person
has to resign from the Stockistship/Distributorship of the competing brand of SERVO & resignation accepted
within three months of appointment as SSI/SSR/SSM/SSAgro/GSS.

11. Firm/Proprietor/Partners of any Lube manufacturing firm are not eligible to apply. Limited Company/Registered
co-operative society manufacturing Lubricants are not eligible to apply Chairman/Managing Director/Directors or
any other functionary of any Limited company manufacturing Lubricants can apply as individual. Once selected
and received LOI for the Servo Stockistship, such applicant is to resign from any capacity in the Limited Company
and board resolution accepting such resignation to be submitted to IOC before appointment as Servo Stockist.

12. Candidates with successfully demonstrated capability in distribution for at least 2 years as (especially in servicing
the industrial/automotive market for three years by way of dealership of products like chemicals, gases,
machinery spare parts, lubricants) would be preferred. Capabilities in Lube distribution would be of added
advantage.

13. The candidate selected as SSI/SSR/SSM/SS-Agro/GSS shall be a full time working Stockist. Further, details of the
eligibility criteria and conditions as mentioned in the Application Form shall apply.

14. Application form should be downloaded from our Website https://spandan.indianoil.co.in/BPSP/HomePage.jsp


and apply with enclosing the Application fee of Rs 10000/- by following modes .

a} Crossed Account Payee Demand Draft drawn on any scheduled Bank in favour of Indian Oil Corporation
Limited payable at Bhopal,

b) Online payment to Indian Oil Corporation Ltd, in-house online portal https://epayone.indianoil.in/
Copy of payment receipt with UTR number of such transaction to be submitted along with application.

The application can be submitted to Madhya Pradesh State office indicated below Either personally or by
making a written request specifying the name of the location, through Registered Post to

Dy. General Manager (Lubes- Direct Sales) ,


Indian Oil Corporation Limited,
Madhya Pradesh State Office,
Indian Oil Bhavan,
16 , Arera Hills ,Jail Road, Bhopal,
Madhya Pradesh. PIN 462011.

15. APPLICATION FORMS AND ENCLOSURES COMPLETE IN ALL RESPECT MUST BE SUBMITTED IN DUPLICATE SO AS
TO REACH THE OFFICE ADDRESS MENTIONED UNDER ITEM 14 ABOVE ON OR BEFORE 1600 HRS on 21.02.2024.
THE COMPANY RESERVES THE RIGHT TO CANCEL/ WITHDRAW/ AMEND THIS ADVERTISEMENT OR EXTEND THE
DUE DATE AT ITS SOLE DISCRETION WITHOUT ASSIGNING ANY REASON.

16. For any further clarifications. Please contact our local sales executives at the following contact numbers

Sr. No. Location Name of the Executive Contact No. Email


1 Korba Shri Ankur Rastogi 9425608933 rastogia2@indianoil.in
NIT No. – MPSO/Lubes/LDS/2023-24/1
Application Form for Servo Stockist Institutional (SSI)
Application Fee : is Rs. 10, 000/-
(To be submitted in duplicate)

SL No:

APPLICATION NO. DATE:

Important: Candidates are requested to read the enclosed guidelines carefully before filling up the
application form and attach certificates/documents as required.

From:

Photograph
---------------------------------------- (Passport size, not
more than 6
months old)
----------------------------------------

Direct Channel Lead (DCL),Lubes Department,


Indian Oil Corporation Limited,
Madhya Pradesh State Office,
Indian Oil Bhavan ,
16 , Arrera Hills, Jail Road ,Bhopal.
M.P., PIN - 462011

Dear Sir,

Sub: Request for Appointment as Servo Stockist - Institutional (SSI)


I/We hereby apply to be considered as a Servo Stockist Specific product for the location Korba in Korba District
Madhya Pradesh State as
 Individual /Proprietorship Firm
 Partnership Firm
 Co-operative Society
 Limited Company

In the name of .

I/We hereby certify that I/We qualify for appointment based on the selection criteria placed by your
organization and submit the following information along with supporting documents in support of
my/our candidature (use separate sheets if necessary):
Name of applicant ( in Block Letters)

Address for communication

Telephone/Mobile number

e-mail id

Dale of Birth (DD/MM/YYYY)

Age completed in years as on the last date of submission of


application

Educational Qualification (Ref to Guidelines: point 2) Please tick one

A Matriculate /recognized equivalent

B Intermediate (10+2) pass/diploma

C Graduate/Post graduate

D Engineer/MBA/CA

Citizenship (Name of the country)

Domicile/Resident/Having established business (Ref. to


Guidelines: point 4)

A Are you a Domicile of the concerned


State/UT (YES/NO )
B Are you a Resident of the concerned State/UT
(YES/NO)
C Do you have established business in the concerned
State/UT (YES/NO)
D Do you have established business in the concerned
revenue district (YES/NO)
Past experience (Ref. to guidelines: point 6) Details

A Name of the firm


B Address of the firm ( including District & State)

C Nature of the firm (Proprietorship/Partnership/Co-


operative society/Limited company)

D Name of the proprietor/partners

Nature of business for which the past experience is claimed Years of experience
(Ref. to guidelines: point 6)
A Lube sales as Stockist/Distributor

B Dealership of Chemicals, Gases, Machinery, Spare


Parts, Lubricants

C Experience in Other trades


Please specify details:

D Annual turnover ( Last year ) in INR in Lakh

E Annual turnover ( Year before Last ) in INR in Lakh

F Details of capital employed in business

G Latest copy of IT return enclosed (YES/NO)


H Balance sheet of Last two years enclosed (YES/NO)
I Project report attached (YES/NO)
Offer of Godown/Land (Owned/Leased/Other cases) (Ref. to Please tick one
guidelines : point 7)
A Clear title to the godown/land owned by the applicant
or his family member (the constituents of “Family
Member” are as defined in the application form) in the
location advertised.
B Godown/Land leased / rented for more than 4 years as
on the last date of submission of application in the
name of the applicant with a registered lease deed /
agreement in the location advertised.
C Godown/Land leased / rented for 4 years as on the last
date of submission of application in the name of the
applicant with a registered lease deed / agreement in
the location advertised.
D Godown/Land with registered agreement of intention
to lease/sale in the name of the applicant for 4 years or
more as on the last date of submission of application in
the location advertised.
E Covered area ( Sq Ft)

F Open area ( Sq Ft )

G Total godown/Land area ( Sq Ft )

H In case of leased/intention to lease, please specify


period of lease/intention to lease in number of years.

Offer of Delivery vehicle (This vehicle will be made available on


or before placement of LOA, if selected) (Ref. to guidelines:
point 8)
A Owned (less than 2yrs. old)
B Leased (less than 2yrs. old)
C Owned (more than 2yrs. old)
D Leased (more than 2 yrs old)
E Make & Model
F Registration number
G Load carrying capacity ( Registered Laden Weight
minus Un_Laden Weight )
H Date/Month of manufacture
I Date of registration
Offer of Sales Person (These Sales persons are currently Please write below the Age,
employed with the applicants and will be made available to IOC Educational qualification and
within 21 days from the date of Letter of Intent before Years of competed service with the
placement of Letter of Appointment, if selected) (Ref. to applicant
guidelines : point 9)
A Name : Age:
Educational qualification:
Years of completed service:
B Name: Age:
Educational qualification:
Years of completed service:
C Name: Age:
Educational qualification:
Years of completed service:

Offer of Infrastructure (These are currently available with the


applicant and will be made available to IOC within 15 days from
the date of Letter of Intent before placement of Letter of
Appointment, if selected) (Ref. to guidelines: point 10)
A Landline telephone number:
B Mobile telephone number:
C Make, Model & configuration of PC & Internet
connection
Offer of Working Capital (This working capital will be made Rupees in Lakhs
available for the Servo stockistship immediately on
appointment by IOC) (Ref. to guidelines: point 11)
A Own fund
B Loan
C Solvency certificate attached (YES/NO)
D Total (A+B+C)
Any other information related to your working as stockist

Proof of documents attached or information furnished with the application to be produced in original
whenever asked for.

I/We have read and fully understood the Terms and Conditions contained in the agreement governing
my/ our appointment as Servo Stockist Institutional and signed on each and every page of the
agreement confirming my acceptance of all terms and conditions contained in the said agreement.
DECLARATION:
I/We hereby certify that the information
furnished above is true to my/our knowledge. Any wrong information/suppression of facts will
disqualify me/us from being considered for the Servo Stockistship.
The following documents /copies of documents are attached to this application form:
1)
2)
3)
Total number of pages enclosed ( each paper enclosed along with the application to be serial
numbered and the total pages attached to the application to be mentioned here).
Place: Signature:

Date: Name in Block Letters:

Address: Rubber Stamp:

Tel. No.:
Guidelines to Candidates

Guidelines to Candidates shall be the Enclosure to Application Form for Servo Stockist –
Institutional (SSI)

Candidates are requested to read the following guidelines in respect of the various criteria before filling
up the Application Form. Certificates / Documents as required are to be enclosed to the Application
form.

1. Age:
a. Candidate should not be less than 21 years of age and not more than 60 years of age on
the date of application. Candidates have to enclosed copy of the board certificate/birth
certificate/Aadhaar card of the candidate.

b. In case of partnership firm, markings to be done for each partner separately and then
highest of all will be considered. Co-operative societies and Limited Company will not be
evaluated for Age.

2. Education Qualifications:
a. Candidates should be minimum Matriculate or Equivalent.

Copies of Certificates from Govt. Recognized Institutions / Universities proving the educations
qualification claimed by the candidate are to be enclosed. Other things being equal preference
would be given to qualified professional.

b. In case of partnership firm, markings to be done for each partner separately and then
highest of all will be considered.

c. Co-operative societies and Limited Company will not be evaluated for Educational Qualification.

3. Citizenship:
Candidates should be Indian by Citizenship.

An Affidavit on stamp paper of appropriate value deposed before Magistrate / Judge / Notary
Public (Format Prescribed in SS-Annexure 1) is to be enclosed to the application form.

4. Domicile/Resident/Having established business:


a. The candidate should be a Domicile of the concerned State/UT or Resident of the concerned
State/UT or have established business in the concerned State/UT for which the SSI is
advertised. Candidate who is registered and have established business in the concerned District
for which the SSI is advertised will get more marks then other candidates in this criterion.

b. In case of proprietorship firm, the proprietor/firm should be domicile or resident or have


established business in the concerned State/UT.In case of partnership firm, at least one partner
should be domicile or resident or have established business in the concerned State/UT or the
firm should have established business in the concerned State/UT. In case of co-operative
society/limited company, the society/company should have established business in the
concerned State/UT.
Proof of being Resident of the concerned State/UT: Passport/UID/Aadhaar/Voters identity Card/
Electricity Bill/ Telephone Bill/Permanent Residency certificate issued by Government. In case of
partnership firm all the partners should produce the proof of being resident of the State
individually.

Proof of having established business in the State/UT: Sales Tax Registration certificate /Income Tax
Clearance Certificate/ Registration certificate of the Proprietorship firm/Partnership Firm/
Registered co-operative society/Limited company/GSTIN/any other registration under shop &
establishment act or any other license/certificate issued by Central Govt/State
Government/Civic authority/Municipal corporation/Gram panchayat and Balance sheet for last
one financial year.

Proof of being Domicile of the concerned State/UT: Domicile certificate issued by the concerned
government authority.

5. Family members: For the process of selection and appointment of SSI family member is defined as
follows:

For Individual/proprietor & partners of partnership firms and directors/members of governing


body/members of managing body/members of any such other body (as applicable) of the
applicant society/company : Spouse/Parent/Unmarried Children.

6. Details of the Firm:


The candidate is required to provide complete details on the following:

a. Constitution of the firm with documentary evidence as prescribed in 6.g. below.

b. Nature of Business with sales performance of the previous financial year. I O C Dealers /
Resellers to attach copies of sales performance certified by their respective sales officers.
Dealers / Distributors of other companies to attach copies of Letter of Appointment,
documents indicating sales performance of previous financial year. Any other documents to
prove their exceptional performance in their existing business may also be attached along with
the specified area of operation for their business.

c. Details of capital employed in their current business with details of Bank limits sanctioned to
be certified by a chartered accountant.

d. Copies of latest Income Tax returns with all enclosures disclosing the details of their income from
business operations.

e. Balance sheet of the latest financial year for substantiating the status of the firm.

f. All Candidates should enclose a detailed project report on their plans for the successful
operation of the business if appointed.
g. Documentary Evidence favouring Nature of the Applying Firm :

i. In case of partnership firm: Please attach partnership deed, giving full details of all
partners. Also each partner should fill & submit the photocopies of application form in
duplicate with individual details along with original applications.

ii. In case of Company, whether Public / or Private Limited, along with the list of Directors,
Articles of Association. Memorandum of Association and latest Balance Sheet, duly
certified by Chartered Accountant.

iii. If it is a Registered Co-operative Society, A Certificate of Registration, duly signed by the


Registrar of Co-operative Societies. Only co-operative societies making net profit in 2
consecutive previous financial years as certified by a Chartered Accountant can apply, A
Resolution passed by Society authorizing the signatory of the application to apply for the
Servo Stockist to be enclosed.

Past Experience :
a. In case of Partnership Firm, markings on past experience will be done for each partner
separately and then highest of all will be considered. In case of partnership firm experience
as partner will only be considered. Experience as manager or any other functionary of
proprietorship or partnership firms will not be considered.

b. In case of Co-operative Societies and Limited Company the experience of the applicant Co-
operative society or the Limited company will be considered. In case the applicant is a
Limited company or Cooperative society then allotment of marks as Limited company or
Cooperative society will be considered. Experience as Chairman/Managing
Director/Directors or any other functionary of any Limited Company or Cooperative
society will not be considered if he/she applies as individual or partner of any partnership
firm or Chairman/Managing Director/Directors or any other functionary of any Limited
Company or Cooperative society.

c. In case of Proprietorship Firm experience as proprietor will only be considered.

"Past Experience" will be counted for allotment of marks if the applicant is an existing
Stockist/Distributor/Dealer/Trader for at least for 2 years including the last financial year. For past experience
for less than two years (2), no marks will allotted to the applicant on the criteria of “Past experience”.

The applicant will have to enclose relevant documents as mentioned below in support of past experience
claim.

a. Proof of transaction such as copies of Invoices or Bank Statement substantiating


transaction or GST returns and

b. Letter of appointment or Work order copies or PO copy or Agreement copy or Work


completion certificate mentioned in the period of work.
7. Godown Requirements:
1. The candidate needs to have godown/land to serve as a Servo stockist. The godown/land
should be present in the tehsils/ talukas/ mavattams as specified in the tender document/
application form. A candidate will be accepted to have godown space if he has either of
the following :
a. Clear title to the godown/land owned by the applicant or his family member (the
constituents of “Family Member" are as defined in 5 above) in the location
advertised.

b. Godown/land leased / rented for more than 4 years, beyond the last date of
submission of application in the name of the applicant with a registered lease deed
/ agreement in the location advertised.

2. In case, candidate(s) offer land, then godown has to be constructed at same land before
placement of LOA.

3. In case the land / godown is in the name of a family member of proprietor in case of
proprietorship firm or family member of any partner of partnership firm, the owner should
make an affidavit agreeing to allow the candidate to use it as SSI godown for the entire
period of contract including renewed contract periods if selected.

4. In case of partnership firm, the godown/land may be in the name of/leased/rented to any
partner or in the name of family member of any partner or in the name of/leased/rented
to the firm. In case of Co-operative society/Limited company the godown/land is to be in
the name of /leased/rented to the applicant co-operative society or limited company.

5. For applicants who have shown ready availability of owned/leased godown/land,


godown/land should be made available to IOC at the time of FIR. For other applicants, LOI
conditions shall prevail.

6. Area of Godown : The minimum godown/land space required is 1000 Sq ft. including
compulsorily covered enclosed space of 600 Sq ft. for sales volume up to 50 KLPM(in case
of GSS, minimum godown space required is 600 Sq ft. including compulsorily covered
enclosed space of 400 Sq ft). This will be increased proportionately for handling sales
volume more than 50 KLPM for every 25 KLPM.

7. Exclusive usage of Godown : The SSI shall exclusively use godown space for storing Servo
lubricants and for no other purpose shall use such storage facilities.

8. The construction, maintenance and upkeep of storage facilities as per conditions of the
Permit/License or other statutory provisions shall be the sole and exclusive responsibility
of the SSI who will be liable to pay, bear and discharge the entire expenditure for the
same.

9. Future expansion : The future godown space is to be increased in proportion to the


increase in sale volume, in accordance with the directions of the Corporation in this regard.
10. The godown/land should also
a. Be situated in non-residential area

b. Have an all-weather motorable approach road (public or private road connecting to


the public road) of minimum 5-meter width is made available to provide access to
Delivery vehicle.
c. In case of private road connecting to the Public Road, the same should be either
owned/registered lease or having a right of way from the owner(s) of the land.
d. The godown should also be on ground floor only.

11. During the term of contract, SSI may be required to make additional investments in
godown to accommodate for infrastructure changes as directed by the corporation.

12. Change in Location of Godown


a) With prior approval of State Lube Head of the State Stockist can change location of his
authorized godown in the operation area (territory) attached to Stockist
i. after 1(one) year of commissioning or
ii. in case of Statutory requirement.
b) During the change of godown only the following changes are allowed
i. Leased to Owned Godown
ii. Leased to Leased Godown
iii. Owned to Owned Godown
c) In normal circumstances, change of godown from Owned to Leased will not be permitted.
However, in emergent situations, shift of godown can be permitted. Emergent situations like
natural calamities, statutory requirements, litigation, etc. can be considered.
Additional Godown: With prior approval of DCL/RCL of the State, Stockist can provide one additional
godown in the operating area (territory) attached to Stockist. However supplies from IOC will be
restricted to the first authorized godown only.
1. Concerned TSM/LSE will carry out inspection of the stockist godown falling under
his geographical territory.
2. Combined stock reconciliation will be done by the TSM/LSE in whose territory the
original stockist was commissioned (stockist head quarter location).

8. Delivery Vehicle:
a. The candidate needs to have delivery vehicle to serve as a Servo stockist.

b. For packed product: At least one vehicle(owned) having minimum Load carrying capacity
(Registered Laden Weight - Un-Laden weight) of 1-2 tons for SSI and 0.5-1 ton for SS- Agro/GSS.
Vehicle should be suitable for packed product distribution.

c. The delivery vehicle should be at-max two years old as on last date of application.
d. Delivery vehicle needs to be made available to IOC before placement of LOA.

e. In case of partnership firm, the delivery vehicle may be in the name of any partner or in the
name of the firm or to be leased to any of the partner or to the firm (leased vehicle applicable
for only bulk product vehicle).

f. In case of Co-operative society, the vehicle is either to be in the name of the co-operative
society or limited company or to be leased to the co-operative society or limited company.

g. Delivery vehicle must be painted by LOI holder with design provided by IOC before issuance of
LOA by IOC.

h. In case the candidate takes a vehicle on contract from a third party, an Affidavit from the third
party, expressing willingness to offer the vehicle, in the prescribed format (SS-Annexure-2) on
stamp paper of appropriate value and duly Notarized is to be enclosed along with the copy of
the RC of the vehicle.
9. Sales Personnel:
a. The applicant is to offer at his cost at least 3 sales personnel (preferably graduates but with
a minimum qualification of 10+2 or equivalent from recognized institutions) exclusively to
service the market.

b. For sales target beyond 75 KL per month one additional sales person shall be provided by
the Servo Stockist for every 25 KL increase of targeted sale beyond 75 KL.

c. These Sales persons, currently employed with the applicant, will be made available by
applicant to IOC within 21 days from the date of Letter of Intent (LOI)and before placement
of Letter of Appointment (LOA), if selected.

d. Candidates are required to provide complete details of the sales personnel (Name, Age,
qualification, experience etc) in their employment in the application form. Details of
storekeeper, accountant, clerk, driver etc., if provided, will not be considered as part of the
sales force.

e. Candidates are also required to provide copies of the Muster Roll, Payment register or such
suitable documents to provide proof of employment of the sales persons in their firm.

10. Infrastructure:
a. Candidates are to provide details of Fixed Landline Telephone, Mobile phone and personal
Computer with Internet connection available with them and which will be available for use
in the Servo Stockist operations.

b. The telephone should necessarily be in the name of the candidate or his firm and a copy of
the latest paid telephone bill is to be enclosed to the application as proof.

c. In the case of Personal computer copy of the purchase invoice of the PC in the name of the
candidate or his firm is to be enclosed to the applications as proof of availability
11. Working Capital:
a. The candidate should be willing to invest a minimum of Rs 109 Lacs lakhs in the business
initially. Thereafter it shall be as required based on the sales target.

b. Candidates should establish their ability to arrange Working Capital for running the
SSI/SSR/SSM/SS-Agro/GSS as follows:

Working Capital = Own Fund + Loan amount+ Solvency amount

c. The Part own fund should be equal or greater than 60% of the total capital requirement. If
part own fund is less than 60% of the total capital requirement, and then it will lead to
disqualification of candidacy.

d. In addition to above the candidate, if an income tax assessee, should submit copy of IT return
of the latest financial year.

e. The candidate will be required to submit loan sanction certificate from the bank at the time
of FIR.

1. Working Capital from Own Fund

(a) Liquid assets in the form of Unencumbered Bank Balances/FD/NSC/ other Govt.
Securities/Stocks/ Marketable Securities/ Treasury bills/ Mutual funds/ money market funds
in the name of the Candidate or his Family members (as per definition of Family given in the
Application form). Liquid assets of family members will be considered only in case of
proprietary and partnership firms. Sum total of liquid assets of the candidate and family
members will be considered as Working capital from Own Fund. Affidavit from family
members are required to be submitted in the prescribed format attached as SS-Annexure-4.

(b) Copies of Bank pass book/bank statement certified by banker/FD/NSC/ Govt Securities to be
submitted. Bank balances, FD, NSC, Govt securities dated prior to the last date of application
submission against which the application is made will only be considered.

(c) The FD/NSC/Govt securities/ Stocks/ Marketable Securities/ Treasury bills/ Mutual funds/
money market funds as mentioned above are considered as own fund as FD/NSC/Govt
securities/ Stocks/ Marketable Securities/ Treasury bills/ Mutual funds/ money market funds
can be converted to liquid cash to arrange for the fund for working capital.

(d) In case of partnership firm, the sum-total of own funds of all the partners and the firm will be
considered. In case of registered co-operative society and Limited company, the own fund of
the Society and Company respectively will only be considered.
2. Working Capital from Loan
(a) Unencumbered Fixed assets in Candidate’s own name or in the name of Family members
(as per definition of Family given in the Application form) which the candidate proposes to
use for raising loan for the business.
Fixed assets of family members will be considered only in case of proprietary and partnership
firms. The asset to be valued by a government registered valuer and copy of the valuation
certificate not more than three months old from last date of submission of application to be
submitted. 70% of this value will be considered as amount for which the candidate is able to
raise loan for working capital.
Affidavit from family members are required to be submitted in the prescribed format as
attached in SS annexure-5. Copies of documents establishing the ownership of the fixed assets
to be submitted.
In case of partnership firm the sum-total of value of fixed assets of all the partners (including
family members) and the firm will be considered. In case of registered cooperative society
and Limited company, the value of the fixed assets in the name of the Society and Company
respectively will be considered.

(b) Creditworthiness certificate from the party’s bankers (scheduled banks only) in prescribed
format. This certificate should not be more than 3 (Three) months old as on the last date of
submission of application. Creditworthiness certificates from more than one bank, if
submitted, will be added to arrive at the bank creditworthiness of the candidate.
Further,

i. Once the candidate offers the liquid assets under own fund, the bank's
creditworthiness letter will not be considered for evaluation of working capital for
this candidate if the creditworthiness certificate is issued by the same bank where
the candidate has unencumbered bank balance or Fixed Deposit which have been
offered by the candidate to establish the availability of working capital from own
fund.
ii. In case of partnership firm either sum-total of creditworthiness issued by the banks
in favor of the partners or the creditworthiness of the firm issued by banker,
whichever is higher, will be considered if these are issued by the same bank. In case
of registered co-operative society and Limited company, the creditworthiness of the
Society and Company respectively will only be considered.

iii. If a candidate submits creditworthiness letter from multiple banks, then the sum-
total of creditworthiness issued by all the banks will be considered for evaluation
with the conditions mentioned above.

Working capital from Loan will be sum total of the amount coming under 11.2 (a) & (b)
above.

3. Solvency Certificate
(a) The candidate is desired to submit a Solvency Certificate from a schedule bank clearly
mentioning the amount for which the candidate is solvent.
(b) In case of Partnership firm, registered co-operative society or Limited Company, the solvency
certificate should be in the name of the firm, society or company respectively.
(c) This certificate should not be more than 3 (Three) months old as on the last date of
submission of application. Solvency certificate from the party’s bankers (scheduled banks
only) is attached in SS Annexure-3.

4. Certificate of chartered accountant


(a) Candidate should submit, along with application, a certificate from a Chartered accountant
on its letter head where the amount of working capital availability with the candidate from
Own Fund and from Loan will be clearly mentioned.
(b) This certificate should be based on all the Documents/ instruments as mentioned in SI. No.
11.1, 11.2 & 11.3 above and the Chartered accountant should sign all the pages of copies of
Documents/instruments with its seal as a proof of verifying the originals and enclose these
with the certificate.
(c) This certificate should not be more than 3 (Three) months old as on the last date of
submission of application.

5. Note
(a) All Certificates and Affidavits submitted by the candidate to establish its financial
capability (working capital), whether it is issued by any individual, firm, registered co-
operative society, Chartered Accountant, Bank etc. should be signed by the issuing
authority clearly mentioning the Name and Designation & Date of signing duly stamped
wherever applicable.
(b) All Certificates and Affidavits should be submitted in Original with the application.
12. General instructions :

a. Candidates to note that they should fulfil all eligibility criteria specified in the Advertisement.

b. Candidates should be of sound Physical and Mental Health. Candidates with debilitating illness
like Total Paralysis, mentally unsound etc. will not be considered for appointment.

c. Candidates to note that originals of all documents/certificates enclosed by them in support of


various claims made in the application form is to be produced at the time of Interview.

d. No additions / deletions / corrections will be permitted in the Application form once it is


submitted. No additional documents whatsoever will be accepted or considered after the cut-
off date for receipt of completed applications forms.

e. All enclosures to the Applications forms are to be serially numbered by the candidate and the
number of enclosures are to be indicated in the Application form.

f. The individuals or firms or co-operative societies or limited companies (including partners in


case of partnership firm and directors/members in case of Co-operative societies/Limited
companies) who is an existing Carrying & Forwarding Agent(CFA) for lubricants of IOC or an
existing Servo Stockist is not eligible to apply. In case of partnership, even if the firm is
different, it will not be eligible if one or more partners are common. Affidavit to this effect to
be submitted with Application form as per prescribed format (SS-Annexure-1).

g. If the candidate is an existing Stockist/Distributor of any competing lubricant brand of Servo


then the applicant has to resign from such Stockist/Distributorship of competing brand of Servo
within 3(Three) months of appointment. Affidavit in this regard is to be submitted with the
Application Form as per prescribed format (SS-Annexure-1).

h. Firm/Proprietor/Partners of any Lube manufacturing firm are not eligible to apply. Limited
Company/Registered co-operative society manufacturing Lubricants are not eligible to apply.
Chairman/Managing Director/Directors or any other functionary of any Limited company
manufacturing Lubricants can apply as individual. Once selected and received LOI for the Servo
Stockistship, such applicant is to resign from any capacity in the Limited Company and board
resolution accepting such resignation to be submitted to IOC before appointment as Servo
Stockist. Affidavit in this regard to be submitted with the Application form as per prescribed
format (SS-Annexure-1).

i. IOC RO/SKO dealer/LPG Distributor, if selected, as Servo Stockist will be appointed as separate
business entity.

j. Applications received after the cut-off date including postal delay and those without valid
supporting documents or incomplete in the any respect will not be considered.

k. Candidate is to sign each & every page of the application form, enclosures and agreement (copy
enclosed), before submission to IOC, as confirmation of his acceptance of all terms & conditions
contained in the application form, enclosures and agreement.
l. If called for interview, following person/persons are required to appear before interview (L2)
committee:
Type of Candidate Person to appear In interview
Individual/Proprietorship Individual/Proprietor.
firm
All the Partners. However, in case of exigency if all partners do not
attend the interview, then weighted average score shall be arrived
at considering presence of all the partners. For example, if 3
members of a 4 member partnership firm attend the interview,
Partnership firm then the total obtained marks shall be multiplied by a factor of ¾.
Registered Co-Operative Any office bearer of the society authorized by society. The person
Society should produce the authorization document at the time of
interview to the L2 committee.
Limited Company Any office bearer of the company authorized through Board
Resolution. The person should produce the Board resolution at
the time of interview to the L2 committee.

No person other than specified above will be considered for interview. Failure to appear in
interview as per above table on scheduled date, time and place on the part of applicant will
result in rejection of the concerned application.

Marking Scheme: Selection & Appointment:

Level 1 Marks Max 90


Level 2 Marks Max 10
Total Marks 100

Distribution of marks:
Selection Committee constitution Two levels

Marking System (Maximum Marks)


By Level 1 Committee
Registered and have established business 5 marks

Applicant’s age 4 marks


Educational qualification 6 marks
Past Experience 25 marks
Godown / Storage Infrastructure 5 Marks
Availability of working capital (WC) 45 marks
Level 1 Total 90 marks

By Level 2 Committee:

Demonstrated capability in redistribution business (Assessed by


10 Marks
committee during interview)
ALLOTMENT OF MARKS BY L1 COMMITTEE:

1. Registered and have established business

Criteria Max. marks Evaluation parameters Marks


Proprietor or any partner of 5 In the District for which the 5
partnership firm or SSR/SSI/ GSS/SSM/ SS-Agro is
Partnership firm/ Co- advertised
operative societies/Limited Not in the District for which 2
companies registered and the SSR/SSI/ GSS/SSM/ SS-
having established business: Agro is advertised

2. Age

Criteria Max. marks Evaluation parameters Marks


Proprietor or Each Individual Member 4 21 to 30 years 3
of Partnership Firm - Age completed in More than 30 & upto 45 4
years as on the last date of submission years
of application More than 45 & upto 55
years 3
More than 55 & upto 60 1
years

In case of partnership firm, markings to be done for each partner separately and then highest of
all will be considered. Co-operative societies and Limited Company will not be evaluated for Age.

3. Education Qualification

In case of partnership firm, markings to be done for each partner separately and then highest
of all will be considered. Co-operative societies and Limited Company will not be evaluated for
Educational Qualification.

Criteria Max. Marks Evaluation parameters Marks


Educational qualification for 6 Matriculation/10th pass 1
Individual / Partnership Intermediate (10+2)/diploma 2
Firms Graduation/Post Graduate 4
Engineer/ MBA/CA 6
4. Past Experience

No. of years’ Experience Experience in Lube Sales Experience Experience in


as Stockist / Distributor In identified other trades
business*
Less than 2 years 0 0 0
2 years and up to 3 years 21 19 17
More than 3 years and up
23 21 19
to 5 years
More than 5 years 25 23 21
*Identified business:
Retail Outlet Dealer of Oil Company, Spare Part Distributor, Spare Part
For SSR/GSS/ Stockists, FMCG business, Lube OE Dealer, Lube Bazaar Traders, Paints
SSI/SSM/ SS- distributor, Tyre and tubes distributors Dealership of commercial vehicles,
Agro Distribution of petrochemicals, Industrial Products distributor, Battery
distributor, Cement distributor, Steel and steel products distributor

For allotment of marks on Past experience for firms:

(i) In case of partnership firm, markings to be done for each partner separately and then
highest of all to be considered. In case of partnership firm experience as partner will only
be considered. Experience as manager or any other functionary of proprietorship or
partnership firms will not be considered. In case the applicant is a partnership firm then
allotment of marks against experience of each partner and the firm will be done
separately and highest of all will be considered.
(ii) In case of Co-operative societies and Limited Company the experience of the applicant
Co-operative society or the Limited company will be considered. In case the applicant is
a Limited company or Cooperative society then allotment of marks as Limited company
or Cooperative society will be considered. Experience as Chairman/Managing Director/
Directors or any other functionary of any Limited Company or Cooperative society will
not be considered if he/she applies as individual or partner of any partnership firm or
Chairman/Managing Director/ Directors or any other functionary of any Limited
Company or Cooperative society.
(iii) In case of proprietorship firm experience as proprietor will only be considered.

5. Godown

Criteria Evaluation parameters Max Marks


Own Godown 5

Godown/land which will be Leased Godown 4


made available to IOC at the
Land availability (owned or regd. 2
time of
leased)
Any other case 0

(a) If the applicant is not able to provide to the corporation at the time of FIR, the godown/land
that he has declared at the time of application, it will lead to cancellation of candidature of the
applicant and stockistship will be awarded to next eligible candidate on the basis of overall
score.
(b) Own godown/land definition: Clear title to the godown/land owned by the applicant or his
family member (the constituents of “Family Member” are as defined earlier) in the location
advertised.
(c) Leased Godown/land definition: Godown/land leased / rented for more than 4 years on the last
date of submission of application in the name of the applicant with a registered lease deed /
agreement in the location advertised.
(d) For applicants who have shown ready availability of owned/ leased godown, godown should be
made available to IOC at the time of FIR. For other applicants, LOI conditions shall prevail.
(e) For applicants who have shown ready availability of owned/ leased land, land should be made
available to IOC at the time of FIR. For other applicants, LOI conditions shall prevail.
6. Working capital
Working Capital = Own Fund + Capital from loan + Solvency certificate

Marking scheme for working capital requirement


Capital offered < Capital Required (minimum) Ineligible
Capital offered = Capital Required (minimum) 30
Capital offered = 2* Capital Required (minimum) 45
Capital Required (minimum) < Capital offered < Linear extrapolation of marks in ratio of
2* Capital Required (minimum) working capital
As per linear extrapolation candidates will be given marks as per the below mentioned formula

Marks = 15+15*(demonstrated capital/ minimum capital required)


For example: if a candidate demonstrates 1.5*Capital(minimum) he will be awarded

Marks = 15+15*1.5Cap(min)/ Cap(min) = 37.5 marks


The Part own fund should be greater than 60% of the total capital required. If part own fund is less
than 60% of the total capital required, and then it will lead to disqualification of candidacy.

Note: LEVEL-1 : MARKS FOR LIMITED COMPANIES/CO-OPERATIVE SOCIETIES:

The maximum marks that can be given by Level 1 Committee for Proprietorship /
Partnership will be 90.The maximum marks for Limited Companies / Co-operatives will be
80 as there are no marks given for the applicant's age / educational qualifications for
Limited Companies / Co- operatives. To bring them at a common level with respect to
maximum marks, the correction factor of 9/8 will be used for evaluation of marks of
Limited Companies / Cooperatives. Thus, a Limited Company / Co-operative securing 50
marks out of 80 will be given an equivalent of 56.25 marks (50 x 9/8) for purposes of final
evaluation.

Note: Total marks are to be rounded off to two decimal places


ALLOTMENT OF MARKS BY L2 COMMITTEE:

Criteria Evaluation parameters Marks


Demonstrated Knowledge on redistribution business measured through Max5
capability in probing questions on redistribution business of Lube, Retail
redistribution Outlet Dealer of Oil Company, Spare Part Distributor, Spare Part
business (Max. Stockists, FMCG business, Lube OE Dealer, Lube Bazaar Traders,
10 marks) Paints distributor, Tyre and tubes distributors Dealership of
commercial vehicles, Distribution of petrochemicals, Industrial
Products distributor, Battery distributor, Cement distributor,
Steel and steel products distributor etc.
Personality/Communication and articulation skills/ Max2
enthusiasm/polite/well-mannered/convincing power
Knowledge on management of people/ potential assessment/ Max3
market survey/lubricant market/customers measured through
probing questions

Case of tie-break:
a) Two candidates will be considered to be tied if their scores are same
upto two decimal points.
b) In cases, where the total marks (L1+L2) results in a tie, preference will
be given to the candidate in the following manner:
I. Candidate having higher marks at L1 stage, and in case of continued tie.
II. Candidate having higher marks in Working Capital, and in case of continued tie.
III. Candidate having higher marks in past experience.

Minimum qualification marks for Interview:


a) Candidates securing aggregate below 45 marks (50% of Maximum Marks
i.e. 90 at L1 level) after evaluation of marks by Level 1 committee will be
declared in-eligible. Such candidates will not be called for interview.

a) After interview, in case of candidates who obtain L1+L2 marks less than
50 (50% of maximum marks i.e. 100), the Level 2 Committee will declare
those candidates as “Below minimum qualification marks". Such
candidates will not be included in the Merit panel.
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@ <AH  E?D
SERVO STOCKIST AGREEMENT
SSR

MEMORANDUM OF AGREEMENT MADE THIS ______ day of ___ Two Thousand and _______
between INDIAN OIL CORPORATION LTD., a company registered under the Companies Act 1956 and
having its registered office at Indian Oil Bhavan, G-9, Ali Yavar Jung Marg, Bandra (East), Bombay –
400 051 and a__________ State Office at _____. (Hereinafter called “THE CORPORATION” which
expression shall include its heirs, executors, administrators, its successors and permitted assigns in
Law) of the one part ;

AND

Shri/Smt/Ms/Mrs _________of______________ son/ daughter of __________________, an


individual/sole proprietor/, of Indian Inhabitant carrying on business under the firm name and style of
_________________ currently residing at _______________
(Hereinafter called “SERVO STOCKIST INSTITUTIONAL/RESELLER/MARINE/AGRO/GRAMEEN SERVO
STOCKIST” or “SSI/SSR/GSS/SS-AGRO/SSM”, which expression shall include his/her heirs, executors,
administrator, its successors and permitted assigns in law) of the Other Part ;

AND

Shri/Smt/Ms/Mrs __________________________and____________ and


___________________________ of_______________________ Indian inhabitant carrying on
business under the firm name and style of _______ ___________________________ a firm
registered under the Indian Partnership Act of 1932 at _____________“(hereinafter referred to as the
“SERVO STOCKIST INSTITUTIONAL/RESELLER/MARINE/AGRO/GRAMEEN SERVO STOCKIST” or
“SSI/SSR/GSS/SS-AGRO/SSM”, which expression shall include the partners of the said firm at the date
hereof, the partners for the time being of the said firm, the respective heirs, executors, administrators
and permitted assigns of such partners, the survivors or survivor of them and the heirs, executors,
administrators and permitted assigns of the surviving partner or partners)”of the Other Part ;
AND

M/s _____________ a Company incorporated under the Companies Act, 1956 and having its
Registered Office at _______ (Hereinafter called “SERVO STOCKIST INSTITUTIONAL/RESELLER
/MARINE/AGRO/GRAMEEN SERVO STOCKIST” or “SSI/SSR/GSS/SS-AGRO/SSM” which expression shall
include it’s executors, administrators, successors and permitted assigns in law) of the Other Part;

AND

Shri/Smt/Ms/Mrs ____________ of _________________ Indian inhabitants as the Karta and Manager


of a joint and undivided Hindu Family consisting of himself/ herself and
____________________________ carrying on business under the firm name and style of _______ at
________________________________(Hereinafter called “SERVO STOCKIST
INSTITUTIONAL/RESELLER/MARINE/AGRO/GRAMEEN SERVO STOCKIST” or “SSI/SSR/GSS/SS-
AGRO/SSM” which expression shall include the Karta and manager for the time being of the said
Hindu undivided family, the members for the time being of the said Hindu undivided family, the
survivor or survivors of them and the heirs, executors, administrators permitted assigns of such
survivors)” of the Other Part ;

AND

M/s_______________SOCIETY LTD, a Society registered under ___________ Societies Act,


_____________under Registration No.____________having its Registered Office at
______________“(hereinafter referred to as the “SERVO STOCKIST INSTITUTIONAL/RESELLER
/MARINE/AGRO/GRAMEEN SERVO STOCKIST” or “SSI/SSR/GSS/SS-AGRO/SSM” which expression shall
include it’s successors and permitted assigns)”. of the Other Part ;

WHEREAS

A. The Corporation carries on the business of refining and sale of petroleum Products and more
particularly of lubricants and Specialties and

B. The Corporation is interested to promote and augment its sale of lubricants and Specialties in
the country and for the said purpose is desirous of having a proper retail network, and

C. For the aforesaid purpose, the Corporation wants to appoint competent persons who can act
as “SERVO STOCKIST INSTITUTIONAL/RESELLER/MARINE/AGRO/GRAMEEN SERVO STOCKIST”
for the lubricants and Specialties as listed in Schedule “A” (hereinafter referred to as the
“Products” which may be reviewed and modified by the Corporation from time to time) from
the places to be specified therefore, and

D. The “SERVO STOCKIST INSTITUTIONAL/RESELLER/MARINE/AGRO/GRAMEEN SERVO


STOCKIST” after evaluating the market potential has assured that he would be in a position to
meet the sales targets fixed by the Corporation. It is clearly understood and accepted by the
“SERVO STOCKIST INSTITUTIONAL/RESELLER/MARINE/AGRO/GRAMEEN SERVO STOCKIST”
that the Corporation shall be entitled to enchash the Performance Bank Guarantee (PBG) and
also shall have the discretion to terminate the Stockistship if the SSI/SSR/GSS/SS-AGRO/SSM
utterly fails to achieve the above sales target for any reason whatsoever, and

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E. It is specifically understood and declared by the SSI/SSR/GSS/SS-AGRO/SSM that it is the basic
condition of grant of Stockistship by the Corporation to the SSI/SSR/GSS/SS-AGRO/SSM that
the SSI/SSR/GSS/SS-AGRO/SSM shall use his best endeavors to increase the sales of the
Corporation’s product in order that the said sales target is achieved by him and any omission
on his part to do so will give the right to the Corporation to encash the PBG and a right to
terminate this Stockistship, and

F. The SSI/SSR/GSS/SS-AGRO/SSM has represented to the Corporation that he has an extensive


and well-established distribution network within the Territory and has sufficient financial
resources and considerable experience in marketing and distribution, and

G. The SSI/SSR/GSS/SS-AGRO/SSM is willing to operate the Stockistship under the terms and
conditions hereinafter contained.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1) TERRI
TERRITORY
TORY OF SSI
The Corporation hereby appoints the SSI and the SSI hereby accepts the appointment as a SSI
of the Corporation for sale of the Corporation's Products under its trade marks only to small
and medium scale consumers engaged in the areas viz: light, medium engineering,
construction, agro and food products spinning and textiles, flour mills, chemicals, plantations,
Fleet Operators etc and to others as may be specifically designated in writing by the
Corporation to the SSI in the distribution area of the
________________________________(hereinafter referred to as "the Territory") which
expression shall unless repugnant to the context or meaning thereof be deemed to mean and
include the distribution area as allotted/ altered from time to time in terms of Clause 4 (sale
of corporations product only) hereof.

The SSI shall serve all customers who require the Corporation’s products within the aforesaid
territory for their own consumption and that their annual requirement of lubricants is less
than 30,000 litres or such other volume, which the Corporation may fix at its own discretion.
The SSI shall however, make no claim on such customers having annual requirements of less
than 30,000 litres but would prefer to source their requirements from the Corporation
directly.

The SSI shall during the Term of this Agreement sell Corporation's Products only in the
Territory assigned to him by the Corporation and shall not sell the Products outside the said
assigned Territory except with the prior written permission from the Corporation
OR
TERRITORY OF SSR
The Corporation hereby appoints the SSR and the SSR hereby accepts the appointment as a
SSR of the Corporation for sale of the Corporation's Products under its trade marks only to
retail consumers like retail outlets, bazaar shops, OE dealers/workshops, spare parts
shops/dealers etc and to others as may be specifically designated in writing by the
Corporation to the SSR in the distribution area of
_______________________________________ (hereinafter referred to as "the Territory")
which expression shall unless repugnant to the context or meaning thereof be deemed to
mean and include the distribution area as allotted/ altered from time to time in terms of
Clause 4 hereof.

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The SSR shall during the continuance of this Agreement confine himself to selling only
Corporation's

Products at the premises and shall not carry on from the said premises any business other
than that of the sale of the Products save and except and only to the extent, if any, to which
the SSR may be permitted in writing by the Corporation at its sole discretion to carry on such
other business at or from the premises. The SSR will during the continuance of this
Agreement confine himself to effect sales only in the Territory specified hereinabove. The
Corporation reserves its right without any reference to or the consent of the SSR to enlarge,
reduce, or change such Territory from time to time and/or increase or limit or reduce the
number and/or class of customers attached to or serviced by the SSR or to appoint an
additional SSR in such carved out area of operation of SSR or in the same Territory referred to
in clause 1 above with suitable revision in the sales target.

OR

TERRITORY OF GSS
The Corporation hereby appoints the GSS and the GSS hereby accepts the appointment as a
GSS of the Corporation for sale of the Corporation's Products under its trade marks only to
retail consumers like retail outlets, bazaar shops, OE dealers/workshops, spare parts
shops/dealers etc and to others as may be specifically designated in writing by the
Corporation to the GSS in the distribution area of
_______________________________________ (hereinafter referred to as "the Territory")
which expression shall unless repugnant to the context or meaning thereof be deemed to
mean and include the distribution area as allotted/ altered from time to time in terms of
Clause 4 hereof.

The GSS shall during the continuance of this Agreement confine himself to selling only
Corporation's

Products at the premises and shall not carry on from the said premises any business other
than that of the sale of the Products save and except and only to the extent, if any, to which
the GSS may be permitted in writing by the Corporation at its sole discretion to carry on such
other business at or from the premises. The GSS will during the continuance of this
Agreement confine himself to effect sales only in the Territory specified hereinabove. The
Corporation reserves its right without any reference to or the consent of the GSS to enlarge,
reduce, or change such Territory from time to time and/or increase or limit or reduce the
number and/or class of customers attached to or serviced by the GSS or to appoint an
additional GSS in such carved out area of operation of GSS or in the same Territory referred to
in clause 1 above with suitable revision in the sales target.


TERRITORY OF SS-
SS-Agro
The Corporation hereby appoints the SS-AGRO and the SS-AGRO hereby accepts the
appointment as a SS-AGRO of the Corporation for sale of the Corporation's Products under its
trade marks only to small and medium scale consumers engaged in the areas viz: agriculture
and food products, fertilizers, pesticides, chemicals, plantations etc and also to other
consumers or customers as may be specifically designated in writing by the Corporation to
the SS-AGRO in the distribution area of the
________________________________(hereinafter referred to as "the Territory") which
expression shall unless repugnant to the context or meaning thereof be deemed to mean and

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include the distribution area as allotted/ altered from time to time in terms of Clause 4
hereof.

The SS-AGRO shall during the Term of this Agreement sell Corporation's Products only in the
Territory assigned to him by the Corporation and shall not sell the Products outside the said
assigned Territory except with the prior written permission from the Corporation.
OR

TERRITORY OF SSM
The Corporation hereby appoints the SSM and the SSM hereby accepts the appointment as a
SSM of the Corporation for sale of the Corporation's Products under its trade marks only to
small and medium scale consumers engaged in the areas viz: Marine, Ship repairs/Builders,
Port construction, repair and Maintenance, Bunkering, Shipping Agency, Stevedores, Offshore
drilling/oil exploration business, Port Authority, Coastal and Foreign run vessels, ships,
dredgers, Tugs, Barge etc and to other consumers as may be specifically designated in writing
by the Corporation to the SSM in the distribution area of the
________________________________(hereinafter referred to as "the Territory") which
expression shall unless repugnant to the context or meaning thereof be deemed to mean and
include the distribution area as allotted/ altered from time to time in terms of Clause 4
hereof.
The SSM shall serve all customers who require the Corporation’s products within the
aforesaid territory for their own consumption and that their annual requirement of lubricants
is less than 30,000 litres or such other volume, which the Corporation may fix at its own
discretion. The SSM shall however, make no claim on such customers having annual
requirements of less than 30,000 litres but would prefer to source their requirements from
the Corporation directly.
The SSM shall during the Term of this Agreement sell Corporation's Products only in the
Territory assigned to him by the Corporation and shall not sell the Products outside the said
assigned Territory except with the prior written permission from the Corporation.

2) TERM
This agreement shall remain in force for a period of THREE (3) years from
____________________. Even during the said period of 3 years, this agreement can be
terminated by either party without assigning any reasons by giving three (3) months notice in
writing to the other party and upon the expiration of any such notice period, this agreement
shall stand cancelled and revoked, provided that nothing contained in this clause shall
prejudice the rights of either of the parties hereto to terminate this agreement earlier in
exercise of their rights under any of the provisions contained in this agreement and/or the
rights of the Corporation to stop and/or suspend and/or restrict the supplies to the SSR
and/or the sales by the SSR pursuant to the provisions contained in that behalf in this
agreement. Any further renewal of this agreement shall be by mutual consent and separate
agreement shall be executed for such renewed period. The parties agree that in case of
renewal, Corporation may at its discretion amend and/or add and/or delete the existing
terms of this agreement, which shall be binding on the SSR for renewal of the contract. In the
absence of a fresh agreement, this agreement shall be deemed to have been terminated at
the end of the period of this agreement which is ending on ________________________. To
seek renewal for another term, the stockist will have to submit an application with requisite
documents THREE (3) months before renewal date.

3) Notwithstanding anything to the contrary contained in clause 2 above, the Corporation shall
be at liberty upon a breach by the SSR of any covenant in this Agreement to terminate and/or

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stop or suspend forthwith all supplies to the SSR and/or sales from his premises for such
period or periods as the Corporation may think fit, and such right of stoppage and/or
suspension of supplies shall be in addition to and/or without prejudice to any other right or
remedy of the Corporation under this Agreement or law. For the purpose of this clause, the
Head/In-charge of the State Office of the Corporation within whose jurisdiction the SSR is
situated shall be the sole Judge as to whether a breach of any covenant of this agreement has
been committed by the SSR. The decision of such Head/ In-charge of the State Office of the
Corporation shall be final and binding on the SSR. The SSR shall not be entitled to claim any
compensation or damage from the Corporation on account of any such stoppage and/or
suspension of supplies.

4) SALE OF ONLY CORPORATION’S PRODUCTS AT PREMISES


The SSR shall during the continuance of this Agreement confine himself to selling only
Corporation's Products at the premises and shall not carry on from the said premises any
business other than that of the sale of the Products, save and except and only to the extent, if
any, to which the SSR may be permitted in writing by the Corporation at its sole discretion to
carry on such other business at or from the premises. The SSR will during the continuance of
this Agreement confine himself to effect sales only in the Territory specified hereinabove. The
Corporation reserves its right without any reference to or the consent of the SSR to enlarge,
reduce, or change such Territory from time to time and/or increase or limit or reduce the
number and/or class of customers attached to or serviced by the SSR or to appoint an
additional SSI/SSR/GSS in such carved out area of operation of SSR or in the same Territory
referred to in clause 1(Territory clause) above with suitable revision in the sales target.

5) CORPORATION’S RIGHT TO APPOINT ADDITIONAL Stockists

The Corporation reserves the right without reference to or consent of the SSR to appoint one
or more additional stockist(s) in the same town/area or location and such additional
stockist(s) shall be entitled to make sales of the Products in the same town, area or location
without any objection from the SSR and the SSR shall not be entitled to make any claim for
remuneration, commission or allowance whatsoever in respect of sales made by such
additional stockist(s) and/or sales made by the Corporation through such additional
stockist(s). The SSR hereby expressly further agrees not to dispute, object to or challenge the
appointment of other stockist(s) at the same place or any other place by the Corporation
through such additional stockist(s).

6) DIRECT SALES BY THE CORPORATION


The Corporation reserves the right at all times during the currency of this agreement to make
direct or indirect sale/(s) through any alternate agency of the Products to any person or
organization whomsoever within the Territory without reference to or consent of the SSR for
keeping Corporation business interest or to serve customer’s demand for such service and on
such direct sales, the SSR shall not be entitled to any remuneration, commission or allowance
whatsoever.

7) SSR TO TAKE LICENSE(s)


The SSR shall obtain at their cost each and every license/(s) necessary for the storage and sale
of Products required under any Central/ State Government, Municipal or Local enactment for
the time being in force and shall faithfully observe and perform all the terms and conditions
for such license/(s) and shall promptly renew the same from time to time and SSR shall
scrupulously observe and comply with all laws, rules, regulations and requisitions of the

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Central / State Government and of all authorities appointed by them with regard to the safe
practices, storage and sale of the product. Specifically the SSR will ensure registration under
applicable GST laws so as to enable him pass on GST Credit as applicable under their
respective statutes to their customers.

8) OBSERVANCE OF LOCAL LAWSLAWS ETC


The SSR undertakes that he and his servants and agents will observe and perform the
provisions of Government or Municipal Local or other Acts, Laws, regulations and bye-laws, as
may be in force from time to time relating to his business and to the accommodation and
vehicles used for the storage and transport of Corporation’s Products and other related
matters as contemplated under this Agreement and all requisitions and requirements of all
authorities appointed under the foregoing enactments, rules or regulations. If there is any
violation on the part of the SSR, his servants and agents of the aforesaid provisions or
statutory rules and regulations the Corporation will have absolute right to discontinue the
supplies and take any other action including the termination of this Agreement as the
Corporation may at its absolute discretion think fit.

9) SSR TO MAINTAIN ADEQUATE AND TRAINED STAFF


The SSR shall engage minimum three trained and qualified sales persons for servicing the
market. These sales persons should preferably be graduates or at least must have passed
minimum 10+2 or equivalent from recognized institutions.

SSR only: For sales target beyond 75 KL per month one additional sales person shall be
provided by the SSR for every 25 KL increase of targeted sale beyond 75 KL.
The SSR shall also engage required manpower for providing necessary administrative support.
The cost of these personnel shall be borne by the SSR. These personnel shall be solely the
employees of SSR

SSR staff will be monitored through SDMS. If SSR fails to comply with the staffing norms for
more than two months in a quarter, he shall become a candidate for termination. This will be
evaluated every half year.

If an SSF resigns/leaves stockist, the stockist should intimate the concerned LSE/TSM within 1
week of resignation received.

All SSFs will be approved by TSM/LSEs before their appointment by stockist

SSR will be required to submit profile of their new SSFs within 2 weeks of joining.

10)
10) Stockist to maintain Profit and Loss statement
statement & Balance Sheets:
— Stockist is required to maintain separate Profit and Loss statements of Lube business.
— The stockist must submit the latest audited Annual Profit and Loss statements and
Balance sheets to IOCL within 15 days from the last date of filing of ITR as per Govt
circular/notifications of each year, the failure to do so shall attract punitive action as
per following :-

a) 1st Default (Submitted after 15 days from the last date of filing of ITR as per Govt
circular/notifications of each year) : Caution Letter by LSE/TSM

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b) 2nd Default (Submitted after one month from the last date of filing of ITR as per Govt
circular/notifications of each year) : Second caution letter by RCL/DCL and a penalty of
INR 25,000 /- on the recommendation of LSE/TSM

c) 3rd Default (Submitted after 2 months from the last date of filing of ITR as per Govt
circular/notifications of each year): Penalty of INR 1,00,000 /- to be approved by SLH
on the recommendation of LSE/TSM. In case the position of SLH is not there in a state
office, the corresponding action will be taken by respective RCL/DCL

— The above penalty will be debited from the stockist PAD

11)
11) SSR TO ACT AS PRINCIPAL
In all contracts, engagements or transactions entered into by the SSR with his customers for
the sale of product or otherwise, the SSR shall act and shall always be deemed to have acted
as a principal and not as a franchisee or agent or on account of the Corporation and the
Corporation shall not in any way be liable in any manner in respect of such contracts and/or
engagements and/or in respect of any act or omission on the part of the SSR, his servants,
agents and workmen in regard to such sale, distribution or otherwise

12)
12) LUBES STORAGE FACILITIES
The SSR shall establish lube storage facility at the exact tehsils/ talukas/ mavattams as
identified by the corporation.
The SSR shall provide adequate godown space of minimum____________ Sq ft including a
covered enclosed space of minimum_______ Sq ft. (To be filled by State Office) initially for
the receipt and storage of the said Products purchased from the Corporation and provide
adequate facilities duly licensed by the appropriate Government, Municipal Authorities as
may be required for receiving and storing the said Products. However, in case the Corporation
assesses higher requirement of godown space, the same will be communicated to the SSR
and the SSR will provide such additional space within a reasonable period. The minimum
godown space required is 1000 Sq ft. including covered enclosed space of 600 Sq ft. for sales
volume up to 50 KLPM. This will be increased proportionately for handling sales volume more
than 50 KLPM for every 25 KLPM.
The SSR shall exclusively use godown space for storing Servo lubricants and for no other
purpose shall use such storage facilities. The construction, maintenance and upkeep of
storage facilities as per conditions of the Permit/License or other statutory provisions shall be
the sole and exclusive responsibility of the SSR who will be liable to pay, bear and discharge
the entire expenditure for the same. The future godown space is to be increased in
proportion to the increase in sale volume, in accordance with the directions of the
Corporation in this regard
The godown at all times
a) Should be located in non-residential area
b) Should have an all weather motorable approach road (public or private road connecting
to the public road) of minimum 2.5 metre width is made available to provide access to
Delivery vehicle.
c) In case of private road connecting to the Public Road, the same should be either
owned/registered lease or having a right of way from the owner(s) of the land.
d) Should also be on ground floor or basement under one roof.

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During the term of contract, SSR may be required to make additional investments in godown
to accommodate for infrastructure changes as directed by the corporation
Billing Address:
Stockist should use their godown address as their billing address.

13)
13) INVESTMENT BY SSR
The SSR should have / be willing to invest at least an amount equivalent to average monthly
sales turnover based on sales target in the business initially.

The capital employed has to be enhanced in proportion to the increase of business turnover
in future.

SSR should have the required amount of ‘capital employed’ invested at all times in the
business to meet the assigned target.

‘Capital Employed’ will be calculated as sum of Accounts Receivables and Inventory.

14)
14) QUANTITIES TO BE PURCHASED BY SSR and CUSTOMERS/Counter/
CUSTOMERS/Counter/ Consumers TO BE ADDED BY
SSR
The SSR undertakes to further the sales of the Corporation’s Products. It is specifically agreed
and declared that it is basic condition of the grant of this contract by Corporation to SSR
herein that SSR hereby agrees, undertakes and covenants to uplift and pay for minimum
________ KL of the Corporation’s Products for the first year of the contract as mutually
agreed.
The SSR undertakes to further the sales of the Corporation’s Products. It is specifically agreed
and declared that it is the basic condition of the grant of this contract by Corporation to SSR
herein that SSR hereby agrees, undertakes and covenants to uplift and pay for the minimum
_________ KL of the Corporation’s Products for the first year of the contract. This minimum
quantity is arrived at after the potential is assessed jointly by SSR and the designated officer
of the Corporation (LSE/TSM) in assigned area. It is agreed that for the subsequent years, a
market survey for determination of the yearly sales potential will be done jointly by the
Corporation and SSR and that shall be the basis of fixing the sales target for the subsequent
years and failure on the part of the SSR to achieve the same shall give a right to the
Corporation to encash the Performance Bank Guarantee and terminate the stockistship.
If the SSR is unable to achieve set sales target action will be taken as Annexure-
Annexure-A. It is
specifically agreed that in the event of SSR not achieving the aforesaid minimum target, the
Corporation shall be entitled notwithstanding any acquiescence or waiver of this condition
and notwithstanding any other provisions herein contained, to terminate this agreement by
giving one month’s notice to SSR.

The SSR undertakes to further the customer base of the Corporation’s Products. It is
specifically agreed and declared that it is basic condition of the grant of this contract by
Corporation to SSR herein that SSR hereby agrees, undertakes and covenants to meet the
customer/counter/consumer addition targets given to SSR the start of the year and as
mutually agreed.

15)
15) DELIVERY OF PRODUCT
The Corporation will deliver the Products at the approved Godown of the SSI/SSR/GSS/
SSM/SS-Agro. The SSR shall arrange to take prompt delivery of the said Products and shall be

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responsible for and shall pay all detention and/or other charges of whatsoever nature arising
directly or indirectly through his failure or delay to take such delivery promptly. The SSR shall
also be liable for any loss or damage arising to the Corporation through his failure, neglect or
delay to do so.

16)
16) NO CLAIM AGAINST CORPORATION
The Corporation will from time to time endeavor supply to the SSR such quantities of the said
product as the Corporation may in its absolute discretion consider expedient to meet the
current trade demands. The Corporation shall supply the said product to the SSR only in such
quantities as will constitute economical deliveries being made from the supply vehicle and
the SSR shall not be entitled to demand deliveries of smaller quantities. Notwithstanding
anything contained in this Agreement no liability shall be attached to the Corporation for
failure to supply the said product from whatever cause arising.

17)
17) RESTRICTION ON SUPPLIES
Notwithstanding anything contained in this agreement, the Corporation shall be entitled at
any time and from time to time after notice in writing to the SSR but without assigning any
reasons to increase or restrict, limit or reduce the quantity of the said product to be supplied
by the Corporation under this Agreement for such period or periods and under such
conditions as the Corporation may in its absolute discretion, decide and the SSR hereby
agrees not to dispute or challenge any such decision of the Corporation for any reason
whatsoever; provided however that if at any time or times the quantity of the said product
supplied by the Corporation hereunder is less than that specified by the Corporation for the
time being under clause 14 (Quantities to be purchased by SSR) hereof, the SSR’s obligation
under clause 20 (Minimum Stock clause) hereunder during such time or times shall be
co-extensive with the quantity supplied by the Corporation under this clause.

Without prejudice to what is stated in clause 16 (no claim against corporation clause) and 17
(Restriction on supplies), the Corporation shall from time to time and at all times be entitled
to increase or limit or reduce the sales of the said Products to and/or by the SSR to such
ceilings and/or number or quantity as may be fixed by the Corporation in its sole discretion
and without reference to the SSR.

18)
18) LIABILITY OF SSR TOWARDS OVERHEAD
OVERHEAD & INFRASTRUCTURE EXPENSES
The SSR shall be solely responsible for and shall himself bear all expenses of and in connection
with the business including administration of office, insurance premium, telephone, telex
charges, postage, municipal levies on property, transport, storage, wages, salaries,
employment benefits payable to all persons employed by him, rents, license or other fees,
rates, taxes, electricity and water consumption charges and all other charges and outgoings of
every kind connected with his business premises and/or business and shall pay the same
promptly and without fail.

19)
19) MEASUREMENT AND QUALITY OF PRODUCT
The quantities of the product stated in the Corporation's invoices to be delivered by the
Corporation as weighed or measured by the Corporation's weighing or measuring devices or
means shall be final and binding upon the parties hereto, unless at the time of receipt of the
product at the SSR 's godown any shortage is detected and recorded as also duly witnessed as
per procedure laid down or to be laid down by the Corporation from time to time. Once
product is delivered by the Corporation to the SSR or his representative, the Corporation shall
not in any way be held responsible for any loss or shortage thereafter, unless otherwise
specifically stated therein, a receipt signed by or on behalf of the SSR at the time of delivery

 
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by the Corporation of the product will be conclusive evidence that the product mentioned
therein was in fact delivered to the SSR, that such product was in accordance with the
Corporation's specifications for the time being and that the quantities of such product
mentioned in the receipt are correct and the SSR shall thereafter be precluded from making
any claim against the Corporation for compensation or otherwise on the ground of short
delivery or contamination of such product.

20)
20) MINIMUM STOCK
The SSR would, at all times be required to maintain such minimum stock of materials as may
be determined from time to time by the Corporation so as to satisfy the demand of the
markets assigned. The market demand and the corresponding sales target would be worked
out in consultation with the Corporation’s personnel from time to time, so as to ensure that
the SSR shall carry at least 15 days of targeted sales volume as paid stock at all times. The
Corporation shall have the absolute right to revise such minimum stock requirement of the
said Products from time to time by notice in writing. It is also specifically agreed that in the
event of the SSR not maintaining such minimum stock at any time, the Corporation shall be
entitled notwithstanding any acquiescence or waiver of this condition on any occasion and
notwithstanding any other provision herein contained to terminate this agreement by giving
three months notice in writing to the SSR.

Minimum stock may be decided by the corporation for individual products. SSR has to share
grade wise stock levels on a pre-decided date with TSM/LSE to enable the corporation to
make all efforts to make the grades available to the stockist.

21)
21) CORPO
CORPORATION’s
RATION’s LIABILITY
The Corporation shall not be liable for any loss or damage for any delay in transporting or
delivering or from failure to transport or deliver of the said Products ordered by the SSR
whatever may be the cause of such failure or delay. The Corporation shall further be entitled
at its sole discretion to refuse any order or orders placed by the SSR and the Corporation shall
not be responsible for any loss or damage caused to the SSR by such refusal and/or
cancellation. Every order by the SSR under this Agreement shall constitute a firm order not
subject to cancellation or revision by the SSR unless and until the Corporation intimates to the
SSR in writing its intention to treat such order as cancelled or revised.

22)
22) TERMS OF PAYMENTS
The Corporation will deliver the product to the SSR at the rate prevailing on the date of
delivery against prior payment by RTGS/NEFT/e-banking. The Corporation may, however at its
sole discretion agree to extend credit facilities as it deems fit to the SSR from time to time and
for such period or periods as the Corporation considers appropriate and may cancel or vary
the same at any time without assigning any reasons thereof. In the event that the
Corporation shall agree to extend any such credit facility, the SSR shall settle all bills
punctually within the period of credit allowed without any deduction whatsoever and without
claiming to set off against the amount of such bills any amount admittedly due or alleged by
the SSR to be due from the Corporation. In the event of the amount of any bill or part thereof
preferred by the Corporation upon the SSR remaining unpaid beyond stipulated credit period,
the Corporation shall be at liberty to refuse to supply any further Products to the SSR, collect
the amount with penal interest as applicable at the time of settlement (SBI Primary lending
rate + 2%) and also forthwith treat this Agreement as being repudiated by the SSR.

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23)
23) Notwithstanding that credit may be given for the payment of the price of the Products, the
Corporation shall be entitled, without assigning any reason thereof, to resume and keep
possession of the product until payment.

24)
24) In addition to any right of lien to which the Corporation may by law or under this Agreement
be entitled, the Corporation shall be entitled to have a first charge or lien on all goods of the
SSR for the unpaid price of any goods sold and delivered to the SSR by the Corporation under
this Agreement.

25)
25) SALE OF CORPORATIONS PRODUCT ONLY
The SSR shall not during the currency of this Agreement sell or be in any way be concerned in
selling or distributing the Products of any other oil company or product without the previous
consent in writing of the Corporation, which consent the Corporation may refuse, vary and
withdraw at its absolute discretion at any time or from time to time.

26)
26) SSR NOT TO PURCHASE FROM OTHERS
The SSR shall not purchase obtain or otherwise acquire possession from any person, firm or
company other than the Corporation, any product used, stocked or sold by the SSR in or in
connection with the SSR’s
SSR business in the Products hereunder without the previous consent
in writing of the Corporation, which consent the Corporation may refuse, vary and withdraw
at any time or from time to time in its entire discretion.

27)
27) SSR NOT TO SELL, ASSIGN RIGHTS TO OTHERS
The SSR shall not sell, assign, sublet, mortgage, charge or part with or otherwise transfer his
interest in the stockistship or the right, interest or benefit conferred by this agreement or
grant of any license in connection with the stockistship, to any person, firm or company
except to the extent necessary under the terms of this agreement and/or to the extent
specifically permitted in writing by the Corporation

28)
28) SSR
SSR’s
’s SELLING PRICE
The SSR shall not sell the said product at rates or prices higher than those which the
Corporation or any authority under law shall from time to time prescribe without written
permission from the Corporation.

29)
29) TRADEMARKS AND BRAND NAMES TO BELONG EXCLUSIVELY TO CORPORATION
The SSR shall not commit any act or omit to do any act whereby the Corporation rights in its
Trade Marks or any of them may be jeopardized. The SSR shall not at any time claim or have
any right in any of the Trade Marks of the Corporation and shall promptly convey to the
Corporation any information obtained or received by him of any infringement of any Trade
Mark of the Corporation or of the use by any person, firm or company of any Trade mark
which may be confusingly similar to any of the Trade Mark of the Corporation. The SSR shall
not use any Trade Mark of the Corporation except as may be specifically allowed in writing by
the Corporation at its sole discretion.

30)
30) PARTNERS’ LIABILITY
Subject to the provisions contained in clause no. 38 (Domicile clause) hereafter appearing, if
the SSR is a partnership firm, the persons named above as partners and the partners for the
time being of the SSR shall jointly and severally be liable in respect of all matters hereunder
and the SSR shall forthwith advise the Corporation by written notice addressed to the
Corporation and delivered to the Corporation at its office at its State Office of any change
that may take place in the partnership and in the absence of such notice no partner shall be

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relieved from liability by public notice of retirement or dissolution in accordance with the
Indian Partnership Act, 1932 and all the persons who have been partners shall in such event
nevertheless remain fully liable to the Corporation as if they had all continued to be partners.

31)
31) MAINTAINCE OF RECORD
The SSR shall keep and maintain such records of stocks, sales, Registers, etc. as may be
prescribed by the Corporation from time to time and submit the same for inspection on
demand by any officer of the Corporation and shall submit to the Corporation such records at
such intervals as the Corporation may from time to time specify in writing

32)
32) EFFECT OF PERMITS AND LICENSES
LICENSES ON MUTUAL RELATION
Notwithstanding anything inconsistent contained in any permit or license obtained by the SSR
for dealing in the Products at the premises the provisions of this Agreement alone shall have
effect to govern or determine the mutual relationship of the SSR and the Corporation
inter-se.

33)
33) SECURITY DEPOSIT
SSR shall furnish a Bank Guarantee of value and of validity period as advised by the
Corporation through its Letter of Intent (LOI) to the SSR.
SSR The value of the Bank Guarantee
required will be regularly assessed by the Corporation during the period of agreement and
the SSR shall furnish additional bank guarantee of value and of validity period as advised by
the Corporation. Without prejudice to the right of the Corporation to terminate this
Agreement, the bank guarantee may be invoked/ forfeited by the Corporation in whole, in the
event of a failure by the SSR to meet any sales target within a set period of time and the SSR
shall furnish fresh bank guarantee of value and validity period as advised by the Corporation.
The Corporation is entitled without being bound to do so to adjust the whole or any portion
of the Bank Guarantee amount towards the recovery of any amount due to them from the
SSR,
SSR at any point of time in respect of any transaction with the Corporation, whether or not
the bank guarantee is made in respect of the same (set of) transaction(s) or some other. SSR
shall ensure that the bank guarantee of required value remains valid during the validity period
as advised by the Corporation. In case of default, the Corporation at its discretion may
withhold any payment due to the SSR on this account without any obligation on the part of
the Corporation to pay interest on such payments withheld.

34)
34) SSR TO ABIDE BY DIRECTIONS OF CORPORATION
The SSR shall at all times faithfully, promptly and diligently observe and perform and carry out
at all times all directions, instructions, guidelines, rules, orders, terms and conditions given or
as may be given from time to time by the Corporation or its representative(s) on safe
practices and marketing discipline and/or proper carrying on of the stockistship of the
Corporation.

35)
35) INDEMNITY
SSR shall at all times indemnify and keep indemnified the Corporation, its officers, employees
and agents against all losses, damages, liabilities suits actions, legal proceedings, claims by the
Central and/or State Government and/or Municipal local and/or other authorities and/or by
any customers of the products and/or by any other third party as a result of or in
consequence of any action or omission of whatsoever nature of Seller, his servants or agents
including without prejudice in the generality of the foregoing any accident or loss or
damage/injury to life and/or property arising out of the storage, handling and/or sales of the
products or attributable to the use of his business premises whether or not such act or

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omission or accident or loss or damage was due to any negligence, want of skill or any
misconduct of the seller and/or his servants or agents.

36)
36) OBSERVANCE OF STATUTORY ENACTMENTS
The SSR shall be solely responsible for any breach or Contravention by himself, his
employees, agents or sub-agents of any Acts, rules, regulations or bye – laws of the Central
and / or State Government and / or Municipal, Local and / or other authorities as may be
applicable to the business including without prejudice to the generality of the foregoing, the
concerned authorities respectively appointed under the Petroleum Act 1934, Package
Commodities Act 1977, Payment of Wages Act 1936, Shops and Establishments Act, Factories
Act 1948, Workmen’s Compensation Act 1923, The Standards of Weights and Measures Act,
1976 and The Explosive Act, 1884 or any other Act or Statutory Rules, Regulations or By –
Laws made there under and / or applicable from time to time to the business or storage and
sale of Products and servants, workmen and persons engaged in connection therewith and
the Corporation shall not be responsible in any matter for any liabilities arising out of non-
compliance by the SSR with the same.

37)
37) CORPORATION’s DISPLAY / ADVERTISEMENTS

The SSR shall display or exhibit at his cost at or near the SSI/SSR's premises, such sign and
other publicity materials as the Corporation may provide and/or require to be displayed or
exhibited.

38)
38) DOMICILE
It shall be a paramount condition of the Agreement that:
a) If the SSR is an individual, he should be domiciled or be resident or have established
business in the State for which the Stockistship is advertised.
b) If the SSR is a Partnership firm, at least one partner should be domiciled or be
resident or have established business or the partnership firm itself should have
established business in the State for which the Stockistship is advertised.
c) If the SSR is a Co-operative Society or Limited Company, the society or company as
the case may be, should have established business in the State for which the
Stockistship is advertised.
The SSR shall take an active part in the management and running of the stockistship and shall
personally supervise the same and shall not under any circumstances do so through any other
person, firm or body, either as benami or through any “Power of Attorney" or otherwise

39)
39) SSR TO TAKE OUT ADEQUATE INSURANCE

The SSR shall at all times and from time to time at his own cost and expense take out
adequate and proper insurance from a well reputed Insurance Company against all risks
including third party risk to persons and properties, fire and explosion risk, riot risks,
comprehensive motor vehicle policy risk, workmen’s compensation and injury policy and / or
loss or damage to the Products due to any cause whatsoever and shall keep all such insurance
policies in force at all times.

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40)
40) SSR TO BEAR CREDIT RISK

The grant of any credit by the SSR to his customers shall be at his own risk and shall not in any
way affect the SSR’s
SSR liability to the Corporation.

41)
41) SSR DISCOUNT

The compensation to the SSR would be in the nature of discounts, which will be reviewed by
the Corporation from time to time and whatever discount is set by the Corporation will be
final and no negotiation will be entertained.

Product specific schemes may be offered by Corporation as per market requirements and
would not be considered as part of the margin for the SSR

42)
42) CREDIT TO SSR
The SSR s would be offered a maximum (subject to meeting the credit worthiness norm of the
Corporation) credit period of 30 days against the security as asked by the Corporation on all
lube purchases. A cash discount as set by the Corporation from time to time would be offered
in lieu of credit facility. This discount and credit will be reviewed by the Corporation from time
to time.

43)
43) DELIVERY BY SSR

The SSR shall execute all orders placed by the customers of SSR and arrange for timely
deliveries of goods. All delivery charges to customers would be borne by the SSR and would
not be reimbursed by Corporation. SSR would need to provide at least one delivery vehicle in
the form of a mini-van (Registered
Registered Laden Weight –unladen weight of 1 -2 Tonnes) for delivery
of products to the customers. More delivery vans should be provided if so required at any
point of time during the period of contract. Each of the delivery van engaged for the purpose
shall be roadworthy as per applicable statutes and should be decorated at the cost of SSR
with messages and /or advertisement of the Corporation as per direction of the officer-in-
charge of the Corporation. In case the SSR changes his vehicle, the new vehicle should not be
more than three years old.

The delivery vehicle should be suitable for distribution of packed products

44)
44) STANDARD OF SERVICES BY SSR
The SSR shall promote, distribute and sell Corporation’s branded Products or any other
products as authorized by the Corporation. In furtherance of this obligation, but without
limitations the SSR agrees to:
a. Manage its stockistship so as to maintain and enhance the public acceptance of
Corporation’s Trade Marks and branded Products.
b. Adopt and promote Corporation’s marketing programmes and philosophy to
aggressively sell Corporation’s branded Products through co-operation with
Corporation and through the SSR’s SSR own philosophy, development and
implementation of its own related sales advertising, promotional and technical
programmes for Corporation’s branded Products.

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c. Restrain from such conduct/(s) that will, directly or indirectly, cause any injury or
damage to the goodwill or reputation of Corporation’s branded products or to
Corporation or any of its affiliates.
d. Maintain a properly trained sales force of adequate size to represent and promote
effectively the sale of Corporation’s branded products.
e. Provide and maintain the standard of courtesy and service for the public in all
respects as required by the Corporation from time to time and at all times to the
Corporation’s complete satisfaction so as not to alienate any of the Corporation’s
customers.
f. Manage its stockistship so as to meet or exceed Corporation’s high standards of
product quality and customer service.
45)
45) SSR OPERATION
Except with the previous written consent of the Corporation which consent may be withheld
by the Corporation in its sole and absolute discretion
a. The SSR shall not enter into any arrangement, contract, or understanding whereby
the operations of the SSR hereunder are or may be controlled/carried out and/or
financed by any other person, firm or company whether directly or indirectly and
whether in whole or in part.
b. The SSR (if it be a firm or a co-operative society) shall not affect any change in its
constitution whether in the identity of its partners or appointment of whole time
office bearers/elected members or in the terms of the Deed of Partnership or of the
Bye-laws as the case may be.
c. The SSR (if it be a company) shall not cause or permit any transfer in its share holding.
(Transmission by death excluded)
d. In the event of the death of any partner of a firm/death or retirement of whole time
office bearers/elected members of Co-operative Society which has been appointed as
a “SSR
SSR”
SSR hereunder, the surviving partners/remaining members hereby agree to
indemnify and keep indemnified the Corporation against any claims or demands
which may be made by the heirs of the deceased/retired partner/member.

46)
46) WEIGHTS AND MEASURES ACT
SSR shall observe all rules and regulations under the Weights & Measures Act. The SSR must
ensure that all products in different packages when received by them are in satisfactory
condition and have not been damaged in transport and that there is no evidence of leakage
and that the package/s are checked for the necessary marks as per the Weights and
Measures Act or rules there under or any other enactment in force at the time of receipt.

Provided in case the package is not meeting the requirements as above, the SSR shall not sell
the same to the customers and keep aside such package separately in the godown under
banner “Not For Sale”. The “SSR
SSR”
SSR shall seek replacement of such stock from the Corporation.
Notwithstanding the above, the SSR shall make all efforts to prevent further leakage /
damage.

47)
47) INSPECTION AND QUALITY CHECK
Corporation reserves the right to collect and test lube / grease samples from barrels/small
containers and drums as part of routine quality procedures.

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48)
48) SOFTWARE FOR SSR
SSR shall be bound to record their entire transaction through software as to be
recommended or provided by the Corporation and will submit all reports and documents as
will be asked by the Corporation time to time and will also allow any representative of the
Corporation for any inspection or maintenance of the software whatsoever. The SSR will
provide hardware / PC with required configuration for operation of this software

49)
49) STANDARDIZATION OF SSR OPERATION

a) SSR shall allow to carry out any standardization of any of the operation, documents
etc as per instruction of the Corporation time to time and cost for such activities
required at SSR end will be borne by the SSR.
SSR

b) The Products supplied to the SSR shall be in accordance with proprietary brand
specifications as may be in force at the relevant time and as adopted by the
Corporation from time to time subject to deviations and modifications thereof.

c) The SSR shall take every possible precaution against contamination of the Products by
things injurious to their quality and shall not in any way directly or indirectly
adulterate or alter the specifications of the Products as delivered.

d) The SSR shall market the Corporation’s Products under the nominated brand names
only and shall not re-brand or compound and make more grades and market the
same with or without using the Corporation’s brand name. The Corporation shall
have the right to exercise at its discretion at any time and from time to time quality
control measures for the Products marketed by the Corporation and lying with the
SSR and the Corporation shall have its right to draw samples as and when neceSSRry
of all Products marketed by the Corporation and lying with the SSR.
SSR The opinion of
the Head/In-charge of the State Office of the Corporation within whose jurisdiction
the SSR is situated shall be the sole Judge as to whether any product of the
Corporation has been contaminated and / or adulterated and shall be final and
binding upon the SSR.
SSR

e) In the event of the said Head/In-charge of the State office finding that the
contamination and / or adulteration of product has been due to any act or default or
negligence of the SSR or of his servants or agents, the Corporation shall have right,
without being bound to do so, to remove the contaminated / adulterated product
and to destroy or otherwise deal with same without making any payment therefore
to the SSR and without prejudice to the Corporation’s right to terminate this
Agreement forthwith.

50)
50) INSPECTION AND QUALITY CHECKS
The Corporation by its officers, representatives or servants will be entitled at all times to
enter upon the premises and inspect the management of the stockistship by the SSR in all
respects and the SSR shall be bound to render all assistance and give all information to the
Corporation and its duly authorized representatives in that behalf and produce to the
Corporation and/or its duly authorized representatives in that behalf whenever required to
do so, invoices/cash memos for all purchases and receipts, for all payments which it is the SSR
's duty to make whether under the terms of this Agreement or otherwise.

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51)
51) TERMINATION OF THE AGREEMENT
Notwithstanding anything to the contrary herein contained, the Corporation shall be at liberty
at its entire discretion to terminate this agreement forthwith upon or at any time after the
happening of any of the following events / conditions.

a. If the SSR shall commit a delay, breach or default of any of the terms, conditions,
covenants and stipulations contained in this Agreement.
b. Upon the death of the SSR,
SSR if the SSR be an individual;
c. Upon the death to the Karta if the SSR be a Hindu undivided Family.
d. The adjudication as insolvent of the SSR if he be an individual or a Karta of a HUF
e. The partition of the Hindu undivided Family, if the SSR be Hindu undivided Family.
f. The dissolution of the partnership firm or death or adjudication as insolvent of any
partner of the firm, if the SSR be a partnership firm,
g. The liquidation, whether voluntary or otherwise or the passing of an effective
resolution for winding up, if the SSR be a company or a co- operative society;
h. If any attachment is levied and continues to be levied for a period of seven days upon
the effects of the SSR or of any individual partner for the time being of a SSR firm or any
member of the SSR co-operative society;
i. If a receiver is appointed of any property or asset of the SSR or of any partner in the
SSR’s
SSR firm or of any member of the SSR’sSSR co-operative society and is not discharged
within seven days of the date of such appointment;
j. If the SSR shall for any reason make default in payment to the Corporation in full of his
outstanding as appearing in the Corporation’s books of accounts beyond four days of
demand by the Corporation;
k. If the SSR shall be found to have contaminated, adulterated or tampered with the
quality of the Products supplied by the Corporation;
l. If the SSR shall either by himself or by his servants or agents does, authorizes, permits,
commits or suffer to be committed any act which in the opinion of the Head/In-charge
of the State Office of the Corporation within whose jurisdiction the SSR is situated, is
prejudicial to the interest or good name of the Corporation or its Products, or damages
the image of the Corporation, the decision of the said such head/In-charge of the state
office shall be the final and he/she shall not be bound to give reason for such decision.
m. If SSR purchases Servo Lubricants from sources other than IOC’s CFAs / Plants i.e.
nominated location by IOC to cater SSR.
SSR
n. If the SSR or any partner in the SSR 's firm or any member of the Co-operative Society
appointed as SSR hereunder shall be convicted of a criminal offence;
o. If the license issued by the relevant authorities for the storage of the product supplied
by the Corporation is cancelled or modified or suspended or revoked or is not renewed
before the date of expiry by such authority;
p. If any license or permit issued to the SSR by any authority for the carrying on of the
business by the SSR as contemplated under this Agreement is cancelled or revoked or
suspended or modified by any such authority or is not renewed before the date of
expiry by such authority;

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q. If any information given by the SSR in his application for appointment as a SSR or in any
document supplied therewith or filed in support thereof shall be found to be untrue or
incorrect;
r. If the SSR
SSR has concealed any information which if disclosed would in the opinion of the
Head/In-charge of the State Office of the Corporation within whose jurisdiction the SSR
is situated have disentitled him to be appointed as a SSR.
SSR The decision of such Head/In-
charge of the state office shall be final.
s. If the SSR does not adhere to the instructions/ guidelines issued from time to time by
the Corporation in connection with Marketing Discipline and/or safe practices to be
followed by him in the sale or supply and storage of the Corporation's product or
otherwise;
t. If the SSR sells any of the Products supplied by the Corporation either at prices higher
than those fixed by the Corporation/statutory authority or at any place outside his
assigned area of operation or sells any products which are not authorized by the
Corporation
u. If the SSR allows the stockistship to be operated as 'Benami' or causes the same to be
operated through any Power of Attorney or otherwise by any outside third party;
v. If the SSR on appointment is an existing stockist/distributor of competing lubricant
brand of Servo and he does not tender his resignation of such Stockist/distributorship
of the competing lubricant brand or that his resignation is not accepted within 3(Three)
months from the date of his appointment as SSR.
SSR
w. If the SSR at any time during the Term of this Agreement sell the product/s outside the
Territory assigned to him without the prior written permission of the Corporation.
The Corporation’s right to terminate this agreement under the terms of this clause shall
be without prejudice to and without affecting any of its other rights and remedies
against the SSR.
SSR
52)
52) EXIT CLAUSE
Without prejudice to any rights and remedies provided elsewhere in the agreement or
otherwise in law, the foregoing provision or anything to the contrary herein contained, either
of the parties hereto namely the Corporation or the SSR shall be entitled to terminate this
agreement on giving three months notice to the other party without assigning any reason for
such termination. This agreement shall stand automatically cancelled and revoked but
without prejudice to the rights of either party against the other in respect of any matter or
thing antecedent to such termination. Neither party shall have any claim, one against the
other, in damages or otherwise for such termination

Also if the stockist does not initiate the renewal application 3 months prior to the expiry of
contract, then the agreement shall be treated as null and void after the expiry of the
agreement or as decided by the Corporation

53)
53) SSR
SSR’s
’s LIABILITY ON TERMINATION
Upon termination of this Agreement, the SSR shall be liable to immediately hand over, return
and redeliver to the Corporation or any person nominated in writing by the Corporation the
entire material /equipment belonging to the Corporation. For this purpose the Corporation
shall be entitled to take physical inventory of such stocks lying in the possession or control of
the SSR from time to time and the Corporation shall be entitled to enter upon the office,

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godown, premises, etc. of the SSR or any other place where the SSR may have kept the same
and take physical possession thereof.

The stockist will be allowed to liquidate IOCL product stock only till the expiry of the
agreement. Post the expiry of agreement, a stockist will not be allowed to sell any IOCL
product to any reseller/customer/ retail outlet/etc. & the stockist’s Id in the DMS will be
blocked

54)
54) CHANGE IN PARTNERSHIP EFFECT THEREOF

Notwithstanding anything to the contrary herein contained, in the event of the SSR being a
partnership firm, this Agreement shall automatically come to an end and stand terminated
upon any change in the constitution of the firm, whether by retirement or death of any
partner(s) induction of new partner(s) or any of the partners taking lube distributorship of any
of the competitors of the Corporation or otherwise howsoever, unless after receipt of a
written notice from the original surviving partner(s) of the SSR firm, of such death or
retirement or induction, the Corporation shall have expressly agreed in writing to continue
the stockistship with the surviving partner(s) or with the re-constituted firm. Any supplies of
the product made by the Corporation, subsequent to the death or retirement of a partner or
the induction of new partner(s), with or without the knowledge of the death or retirement or
induction, or any other action on the part of the Corporation under or in pursuance of this
Agreement subsequent to such death or retirement or induction in favor of or in relation to
the surviving partner(s) and/or the reconstituted firm shall not and shall not be deemed to
confer any stockistship or other rights in favor of the surviving partner(s) and/or the
reconstituted firm unless and until the Corporation conveys in writing its specific approval or
assents to confer any stockistship or other rights upon the surviving partner(s) and/or the
reconstituted firm as the case may be and the Corporation shall always be at liberty without
any previous notice to discontinue, withhold or stop any such supplies or perform any such
act as it deems fit at its discretion.

55)
55) TERMINATION ON THE DEATH OF SOLE PROPRIETOR

Notwithstanding anything to the contrary herein contained, this Agreement shall


automatically come to an end and stand terminated upon the death of the SSR, SSR if he be an
individual. Any supply of the product made by the Corporation subsequent to the death of
the SSR in his firm name or otherwise to all or any of his legal heir/(s) successor/(s) or legal
representatives or to any other person either with or without the knowledge of the death or
any other action on the part of the Corporation under or in pursuance of this Agreement
subsequent to such death in favor of or in relation to the SSR 's firm or all or any of his legal
heirs, successors, legal representatives or any other person shall not and shall not be deemed
to confer any stockistship or other rights in favor of any such legal heir/heirs,
successor/successors, legal representative/ representatives or other person unless and until
the Corporation conveys in writing its specific approval or assent to confer any such
stockistship or other rights and the Corporation shall always be at liberty without any
previous notice to discontinue, withhold or stop any such supplies or perform any such act as
it may deem fit at its discretion.

 
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56)
56) NO COMPENSATION/DAMAGES ON TERMINATION

In the event of termination of this Agreement, the SSR shall not be entitled to any
compensation or claim any loss or damages from the Corporation in respect of goodwill or
otherwise.

57)
57) SUPPLY DURING NOTICE PERIOD

The supply/sale of the Products by the Corporation to the SSR pending expiry of any notice of
termination or after any act, contravention or omission by the SSR that has become known to
the Corporation and entitling the Corporation to terminate this Agreement, shall not in any
way prejudice or affect the right of the Corporation to enforce the termination of this
Agreement.

58)
58) SSR NOT TO ENGAGE IN LIKE BUSINESS UPON TERMINATION

After the termination of this Agreement, neither the SSR (if he shall be an individual) nor any
partner of SSR (if the SSR be a partnership firm) nor the company (if SSR be a company
registered under the Indian Companies Act, 1956) nor any member of the Co-operative
Society constituting the SSR (if the SSR be a Co-operative Society) shall for a period of one
year carry on business in the same territory as the agent, Dealer or Distributor (either by
himself or as partner in any firm or as Director of any Limited Company or as a member of any
Co-operative Society) of any other petroleum company at or in the said premises at or in any
other place within a radius of five kilometers from the said Territory without obtaining the
Corporation's prior written permission thereof, which permission the Corporation may in its
absolute discretion refuse.

59)
59) SECRECY

The SSR shall not at any time, whether during the period of this Agreement or after its
termination divulge or make known to any person any confidential information concerning
the accounts, secret processes or any other particulars in any way relating to the Products
and business of the Corporation.

60)
60) PLEDGE OF CREDIT

The SSR shall not at any time during the continuance of this Agreement pledge the credit of
the Corporation.

61)
61) ACQUIESCENCE OR WAIVER

Any acquiescence or waiver by the Corporation of any delay, breach or default committed by
the SSR shall not be deemed to be or considered as estoppels against the Corporation nor
prevent the Corporation from exercising any of its rights under any of the provision of this
Agreement

62)
62) FORCE MAJEURE

Without prejudice to any of the provisions hereof so as not to limit in any way those
provisions for their application, it is in particular agreed by the SSR that no failure, delay or

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omission to carry out or observe any of the stipulations or conditions of the agreement shall
give rise to any claim against the Corporation or be deemed a breach of the agreement if the
same shall arise directly or indirectly from any circumstances whatsoever which are not
within the control of the Corporation, including without limiting the generality of the
foregoing from any of the following causes, viz. the imposition of restrictions or onerous
regulations on the marine transport or landing of Products in bulk or in packages, acts of God,
insurrection, action of pirates, war declared or undeclared, strikes, lock outs, transport
breakdown and or combination of one or more of the above, shortage of railway wagons,
accidents to plant or machinery or storage facilities, any order or decree of any Government
or Government authority, requisition or rationing or allocation, whether imposed by law,
decree, regulation or by voluntary co-operation of industry at the insistence or request of any
Governmental Authority or person purporting to act therefore, compliance with any order or
request of any national, provincial, port or other Public Authority or of any person purporting
to act for such Authority, diminution in the quantities of Products received locally by the
Corporation from its usual source of supply, non-delivery of supplies either on account of
stoppage or reduction of production at Refineries/Blending Plant, whether affecting
Corporation’s obligations under this agreement or other agreements to supply similar
Products, bottlenecks in transport facilities, shortage in supply of the product etc. In the
event of any of the foregoing circumstances arising, the Corporation shall, be at liberty to
withhold, reduce or suspend deliveries hereunder to such extent as the Corporation in its
discretion think fit.

63)
63) NOTICES

All notices required to be given and approvals required to be obtained hereunder shall be
given and obtained in writing. All notices required to be served by either party hereto upon
the other shall be deemed properly served, if delivered, in case of the Corporation, at its State
Office herein above mentioned or sent by registered post to its said office, and in the case of
the SSR,
SSR if sent by post or delivered by hand at his place of business herein above mentioned
or placed there at.

64)
64) ARBITRATION : SSR

If any dispute or difference of any kind whatsoever shall arise between the Parties in
connection with or arising out of this Agreement, such dispute or difference shall be resolved
through arbitration as per the procedure mentioned below :

a. The dispute or difference shall be referred to a Sole Arbitrator.


b. The arbitration shall be through Indian Council of Arbitrtaion (Name of Institutional
Arbitration Forum).
c. The rules of the above mentioned Institutional Arbitration Forum shall be applicable to
arbitral proceedings.
d. The Indian Arbitration and Conciliation Act 1996 and Arbitration and Conciliation
(Amendment) Act 2015 or any statutory modification or re-enactment thereof and the
rules made there under for the time being in force shall apply to the arbitration
proceedings under this clause.
e. The seat of arbitration shall be at ____________________.
f. The proceedings shall be conducted in English language.

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g. The cost of proceedings shall be equally borne by the parties, unless otherwise directed
by the sole arbitrator.
h. The following shall not be referred to arbitration:
 Disputes having financial claims less than Rs. 5 Lakhs.
i. Notwithstanding anything contained hereinabove (except ‘h’) upon arising of dispute the
parties may agree to refer the same to arbitration of mutually acceptable sole arbitrator
including employee of Indian Oil Corporation Limited.

The stamp duty, registration charges and/or any tax or duty payable on any document to be
executed in pursuance of this agreement shall be borne by the SSR alone

65)
65) JURISDICTION

The parties hereby agree that the courts in the city where the Head quarter of the State
Office within whose jurisdiction the SSR is/was functioning alone shall have jurisdiction to
entertain any application or other proceeding in respect of anything arising under this
Agreement and any award or awards made by the Arbitrator hereunder shall be filed in the
concerned courts in the aforesaid City only.

66)
66) STAMP DUTY

The stamp duty, registration charges and/or any tax or duty payable on any document to be
executed in pursuance of this agreement shall be borne by the SSR alone.

67)
67) WORD REFERENCE
For the purposes of these presents
a. The expression "Corporation" shall unless repugnant to the context or meaning thereof be
deemed to include its executors, administrators, successors and assigns.
b. The expression "Head/In-charge of State Office" shall refer to the incumbent from time to
time of that office and shall include any officer of the Corporation officiating as General
Manager and any officer of the Corporation who may head or be In-charge of the State
Office/Head Office whatever be his changed or modified designation if any.
c. The expression “State Office” shall refer to the State Office, or any other office, which
controls the territory of the SSR,
SSR whatever be the changed or modified nomenclature, if any.
The expression "SSR
SSR"
SSR shall unless repugnant to the context or meaning thereof be deemed to
include
 Where the SSR is a single individual, his/her heirs, executors, administrators and permitted
assigns
 Where the SSR is a firm, the specified partners thereof at the date of these presents, their
respective heirs, executors, administrators and permitted assigns of the partner/(s) for the
time being of such firm, the survivor/(s) of such partner/s and heirs, executors, administrators
and permitted assigns of the last surviving partner
 Where the SSR is a company or other incorporated body, its successors and permitted assigns
 Where the SSR is a Co-operative Society, its successors and permitted assigns and
 Where the SSR is a joint and undivided Hindu family, its Karta, survivor or survivors,
successors, heirs, administrators and permitted assigns.

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d. The expression “SLH” shall refer to the State Lube Head of the respective state office
e. The expression “DCL” shall refer to the Direct Channel Lead of the respective state office
f. The expression “RCL” shall refer to the Retail Chanel Lead of the respective state office
g. The expression “TSM” shall refer to the Technical Sales Manager of the respective state office
h. The expression “LSE” shall refer to the Lubes Sales Executives of the respective state office

68)
68) AMENDMENT

This agreement may be amended by mutual agreement in writing between the parties;
particularly when there are changes in policy by the Government of India or any of the State
Government or change in Law, which may be relevant to this agreement

69) MARGINAL NOTES / HEADINGS:


69)

The Marginal Notes / Headings hereto shall not affect the construction of this Agreement.
In WITNESS WHEREOF the Corporation and the SSI/
SSI/SSR/GSS
SSR/GSS have set their respective Seal on
the date and year first herein above written.

Signed Sealed and Signed Sealed and


Delivered by within Named Delivered by within Named
_____________________ ______________________
Address Indian Oil Corporation Ltd.
______________________ _____________State Office
______________________ ______________________
______________________ _______________________

______________________ ________________________
In the presence of In the presence of
Witness Witness:
Name: Name
Address: Address
Place: Place

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Annexure-
nnexure-A
Penalty for non-
non-performance
Action on Stockists (from 2nd year of operation after initial appointment):
The Stockist performance will be reviewed on quarterly basis. The month-wise primary sales target for
one year will be set by the concerned TSM/LSE and DCL/RCL and notify the Stockist in writing at the
beginning of the FY & acknowledgement obtained. The penalty on non-performance on primary sales
will be exercised as follows:

Criteria Quarter’s achievement Action


Target OR Base Volume Equal to or More than 90% but
Caution letter by DCL/RCL
whichever is less less than 100%
Target OR Base Volume Equal to or More than 80% but
10% recovery from PBG
whichever is less less than 90%
Target OR Base Volume Equal to or More than 70% but
20% recovery from PBG
whichever is less less than 80%
Target OR Base Volume
Less than 70% 30% recovery from PBG
whichever is less

(i) Performance evaluation has to be done for all stockists on quarterly basis.

(ii) PBG will be encashed annually based on quarterly evaluation for those stockists who do not
achieve their quarterly target or base whichever is less. PBG Value encashed will be sum total of the
penalty value applicable as per each quarter evaluation.

(iii) However PBG will not be encashed for stockists who achieve their annual target or base volume
whichever is less even if there was a penalty applicable for any of the four quarters i.e. point (ii) above
shall not apply.

Performance Bank Guarantee of stockist will be encashed as mentioned above. The amount
equivalent to the penalty can be debited to Stockist’s SAP account while retaining the actual BG
intact. However, in case there is a need to encash the BG through bank, the stockist must replenish
the BG(s) to the original amount before resumption of supplies.

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