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MEMORANDUM OF UNDERSTANDING

This MOU (hereinafter referred to as “Agreement”) is executed

at ……………………………… on ………………… day of ………………20…………,

BETWEEN
Winntus Formwork Private Limited (GSTIN: 36AAVCS9213M1ZI), having its Head
office at “V.P.O, Gadauli, Pataudi Road, Opp. H.P. Boxer Petrol Pump, Gurugram – 122001
(Haryana)” and registered office at Sy. No.318, Miyakhan Gadda Village, Janwada,
Shankarpally R Mandal, Ranga Reddy Dist., Hyderabad, Telangana, PIN-500075,
represented by its authorized signatory - Mr. Deepanshu Gogia (hereinafter referred to
as the “First Party”) which expression shall include its successors and assigns of the
ONE PART.

1st Party 2nd Party

Winntus Formwork Pvt Ltd
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-AND-

M/S _______________________________________, (GSTIN: _______________),

having its registered address at ________

__________________________ represented by its authorized signatory

Mr./Mrs.

(hereinafter called “Second Party”) which expression shall include its heirs, executors,
assignees, legal representatives, administrators or successors of the OTHER PART.
The First Party and Second Party are collectively called as “Parties”, wherever the context
so admits.

WHEREAS, the First Party is a shuttering and scaffolding material supplier on rental basis
to construction projects, having Head Office at Gurugram, Haryana and regional office at
Hyderabad.
WHEREAS, the Second Party is engaged in the construction business and is renting
goods/products, as mentioned in more detail in SCHEDULE I, from the First Party only
with a purpose to execute the work.
NOW, THEREFORE, in consideration of the mutual agreements and promises contained
herein and for other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Parties agree as follows:

NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS

FOLLOWS:

1. TENURE OF THE AGREEMENT:

A. The Agreement is effective from , 20 to ,20

(hereinafter referred to as “Lock in Period”). However, right to extend the
tenure/amend the agreement shall remain with First Party. If in case material
would be used after locking period, rental will be billed till return of the material
to First Party and the agreement tenure and liability shall automatically revoke
till the date of return of the materials.
B. In case the services under this Agreement are continued for a further period
without execution of another agreement, then such period of extension will be
governed by the same terms and conditions of this Agreement, until a new
agreement is executed in writing by the parties.
C. This Agreement is binding when executed by the Parties, the rates and charges
provided in this Agreement will be effective from the first day of dispatch till the
receipt date of material at first party’s stockyard.

1st Party 2nd Party

Winntus Formwork Pvt Ltd
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2. CONSIDERATION:

A. In consideration of the Agency’s services, Client shall pay the charges as

mentioned against each goods/material more particularly described in
SCHEDULE I.

B. The Second Party shall sign an Acknowledgement while executing this

Agreement, as more particularly described in SCHEDULE II.

C. It is hereby clarified that the Parties hold no obligation to further pay any
charges to either Party’s duly authorized agents, employees, representatives,
and associates.

3. OBLIGATIONS / RIGHTS OF THE FIRST PARTY:

A. The First Party shall send material/goods/products in good shape and

condition to the Second Party.

B. On receipt of any equipment, the First Party shall give the Second Party a
“Receiving challan” and no other document shall be acceptable proof of return
of goods.

C. Any transaction in cash or account deposit in favour of any employee of

WINNTUS FORMWORK PVT LTD, shall “NOT” be recorded in the books of
“WINNTUS”.

D. Due to any natural havoc, financial stocks up, labour management or any
other circumstances if the work of the Second Party stops, after the dispatch
of the material, the First Party will not bear any adjustment in the rental bill.

E. On failure of payment of two consecutive bills, the First party enjoys right to
recover its material implementing labour and cartage charges from the
Second party.

F. In case the Second Party breaches any part of this Agreement, the First Party
shall have the right to indemnify itself from the Second Party.

G. The First Party shall not be personally liable for any debts or other obligations
arising out of the Principal Site Owner.

H. The First Party is entitled to generate the final bill claiming loss charges if
there are any material below 2MT to be recovered from the total supplied
material for more than a period of 20 days from the date of receiving of the
last load.

1st Party 2nd Party

Winntus Formwork Pvt Ltd
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I. It is to ensure that if any kind of bank charges levy by the bank due to dishonor
of cheque for which the second party is liable, then the first party shall recover
the same from the second party.

J. In case of failure in payment of rental amount as stated hereinbefore, second

party will be liable to pay interest @ 18% P.A. along with the total outstanding
amount.

4. OBLIGATIONS OF THE SECOND PARTY:

A. The Second party is liable to pay monthly rental bills within 15 days from
submission of bills.

B. The Second party is liable to pay taxes/GST as per government norms on

every monthly rental bill.

C. The Second party shall pay an amount of Rs at the time of

execution of agreement by R.T.G.S/Cheque No. as deposit
amount which shall be kept by First party and the same shall be treated as
refundable instead of adjustable, at the duration of closure of deal.

D. Account pertaining to advance amount mentioned herein before would be

maintained separately in the books of both the parties.

E. The Second party shall issue cheques bearing number _ _________ for
an amount of rupees ____________ in favour of First party as security
(undated), and the same shall be returned after the clearance of rental dues
and receiving of all the material quantity.

F. The Second party is requested to reconcile stock and account statement at

least once in a month.

G. The Insurance and freight expense for both sides (To and Fro) of the material
is under the scope of Second party.

H. If the second party is more than one person, then the obligations will be
binding on each, jointly and severally.

I. The Second Party shall send its representative at the time of loading of
material for the purpose of counting the same.

J. The Second party shall accurately attest all delivery challans and bills
according to NSSDM (Name, Stamp, Signature, Date and Mobile number).

1st Party 2nd Party

Winntus Formwork Pvt Ltd
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5. OBLIGATIONS OF THE SECOND PARTY: (continued)

A. Legal Conformity: -

i. The Second Party shall confirm that it holds all valid licenses,
registration and permissions that are required under the applicable
laws for carrying out the activity in the PSO.

ii. The Second Party should comply with applicable Union, State and
local laws, ordinance, rules and regulations in performing its
obligations including procurement of licenses, permissions,
certificates, payment of taxes, if required.

B. The second party shall not sublet the equipment or change the location
without the First Party’s written consent. If the Second Party does so, then
the validity of agreement shall be questioned with immediate effect and if
necessary, the First Party shall initiate legal proceedings against the
Second Party.

C. The Second Party is requested to intimate the First Party well before 7
working days to finalize the invoice and furnish the return of the material.

D. The Second Party is responsible to return materials to First Party by

arranging their own transport.

E. The Second Party is liable to pay for breakage, repair and shortage of the
material received after the completion of the agreement, more specifically
mentioned in rate list.

F. The Second Party is kindly requested to settle all queries regarding the bill
prior to 30 of every month on behalf of Performa invoice, so that E-Invoice
will be generated properly. Any delay regarding rectification will not be
appraised.

G. Not do or cause to be done anything, which is prejudicial to the interest of

the First Party or whereby the business or reputation of the First Party may
be injured or damaged.

H. Any Cheque issued by the Second Party, if presented for clearance by the
First Party, shall not be declined for clearance by the Second Party. In case
such a situation arises, the First Party has the right to follow legal
proceedings against the Second Party

6. INTELLECTUAL PROPERTY RIGHTS

A. As a part of this Agreement, both Parties shall respect each other’s

intellectual property rights including without limitation, patent, copyright,
trade/service mark(s), trade names(s), trade secret(s), equipment and
logos. (Hereinafter referred to as "the Intellectual Property Rights")

B. Both Parties agree not to imply or cause to imply each other’s Intellectual
Property as their own, before a third party without explicit written permission
1st Party 2nd Party
Winntus Formwork Pvt Ltd
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from the other Party. This Agreement does not transfer any interest, title or
ownership in any intellectual property nor does it grant any license to any
such intellectual property.

7. LIMITATION OF LIABILITY

A. Second party is themselves responsible for any kind of mishappenings

occurred during execution of material.

B. Severability: If any term or provision of this Agreement should be declared

invalid, the remaining terms and provisions of this Agreement shall remain
unimpaired and will remain in full force and effect.

C. The First Party shall not be liable for any dispute between the Second Party
and the PSO (Principal Site Owner) for any reason.

D. In case there is a dispute between the First Party and the PSO or the First
and the Second Party or the Second Party and the PSO, the First Party has
the right to recover its material without any explanation to anyone.

E. Second party should make a quality check of the material on the day of
receiving the material at site and delayed complaints shall not be
entertained.

8. INDEMNIFICATION:

The Second Party hereby agrees and undertakes unconditionally and irrevocably
to indemnify, keep indemnified and hold harmless the First Party and its
employees against all losses, claims including third party claims, damages,
penalties, costs or expenses, duties, of any kind whatsoever which may arise on
account of proven warranty representations, exhibitions, unauthorized acts,
fraud, deed or loss in transit against or be incurred by the First Party or its
employees as a result of any act, omission or commission, negligence or any
other reasons whatsoever, on the part of the Second Party or any of its Staff.

9. TERMINATION AND CONSEQUENCES:

Only once the Second Party has cleared all pending dues and returned all
material in perfect condition, will the First party allow the Agreement to be
terminated.

10. ARBITRATION AND JURISDICTION:

A. In the event of any dispute or difference of opinion between the parties arising
out of or in connection with this Agreement or with regard to performance of
any obligations by either party, the parties hereto shall use their best efforts
to settle such disputes or differences of opinion amicably by mutual
negotiation.

1st Party 2nd Party

Winntus Formwork Pvt Ltd
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B. However, if the same still remains unresolved, then such dispute, difference
or question in respect of this Agreement or the subject matter thereof, shall
be referred to for the decision of a single Arbitrator, appointed by the First
Party. The Award of the Arbitrator shall be final and binding on the parties and
the provisions of the Indian Arbitration and Conciliation Act, 1996 or any
statutory modifications or reenactment thereof shall apply to such Arbitration.
The arbitration proceedings shall be conducted in the English language. The
Seat of arbitration shall be Gurugram. The arbitration award shall be final,
conclusive and binding upon the Parties and judgment may be entered
thereon, upon the application of either party to a court of competent
jurisdiction. The Second Party shall bear all the cost of preparing and
presenting its case, and the cost of arbitration, including fees and expenses
of the arbitrators.

11. NOTICES:

All notices to be given pursuant to the provisions of this Agreement shall be sent
by hand delivery, email, registered mail, facsimile / fax or reputable overnight
courier service to the Parties at the address mentioned in this Agreement.

12. This Agreement is executed in one set; the original shall be retained with the First
Party and photocopy thereof to be kept with the Second Party.

IN WITNESS WHEREOF the parties hereto have set their respective hands, Seal on
the day, month and year first hereinabove written

Witness: Witness:

SIGNED
on behalf of First Party on behalf of second party
Page 8 of 12 Privileged and Confidential

SCHEDULE I

Materials/Products Rent (per day/piece) and charges for Loss/Shortage.

RATE LIST
Sl. Item Size Rate/Day/ Order Weight/ Shortage
No. Pc Qty Pc (kg) (Rs.)
1 Steel Plate 3'x2'(H) 21 1365.00
2 Channels 10' 23 1495.00
3 Channels 20’ 46 2990.00
4 Prop set 2mx3 m 21 1365.00
5 Prop set 2mx2 m 18 1170.00
6 Acro Span 2.5mx2.5 m 40 2600.00
7 Standard (Vertical) 0.5m 2 130.00
8 Standard (Vertical) 1.0 m 4.5 292.50
9 Standard (Vertical) 1.5 m 7 455.00
10 Standard (Vertical) 2.0 m 9 585.00
11 Standard (Vertical) 2.5 m 11 715.00
12 Standard (Vertical) 3.0 m 13 845.00
13 Ledger (Horizontal) 0.5 m 2 130.00
14 Ledger (Horizontal) 0.87 m 3 195.00
15 Ledger (Horizontal) 0.95 m 3.5 227.50
16 Ledger (Horizontal) 1.15 m 4 260.00
17 Ledger (Horizontal) 1.45 m 5 325.00
18 Ledger (Horizontal) 1.75 m 6 390.00
19 Ledger (Horizontal) 1.95 m 7 455.00
20 Base Jack 14"/18" 3/3.5 195/227.50
21 U-Jack 14"/18" 3/3.5 195/227.50
22 Joint Pin 280mm 0.6 50.00
23 Walk way board 5’ x 9” 11 980.00
24 Ms pipe 3.00m 10 600.00
25 Ms pipe 6.00m 20 1200.00
26 Fixed clamp 40*40 0.5 60.00
27 Swivel Clamps 40*40 0.5 60.00

Breakage/Shortage/Repairs Charges:

Shortage/Loss charge of Rs. 65/- per Kg plus GST

Outer Sleeve: Rs 115.00/ Sleeve Nut: 50.00/ U-Plate: 60.00/ Base Plate:65.00
Bottom Cup: 45.00/ Top Cup: 55.00/ Ledger Blade: 35.00

1st Party 2nd Party

Winntus Formwork Pvt Ltd
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CONTACT DETAILS

1st PARTY DETAILS NAME PHONE NO. MAIL ID

Managing Director Deepanshu Gogia 8447756016 deepanshu@winntus.com

Branch Head Sasikant 8142790009 accounthyd@winntus.com

Accounts Manager Prasad 8142796222 legalhyd@winntus.com

Operation Manager Hansraj 8142792200 operationshyd@winntus.com

Site Coordinator Krishna 8142791222 krishna.allam@winntus.com

2nd PARTY DETAILS NAME PHONE NO. MAIL ID

Managing Director ____________________________________________________

Accounts Manager ____________________________________________________

Guarantor/Partner ____________________________________________________

Purchase Manager ____________________________________________________

Store Manager ____________________________________________________

Project Manager ____________________________________________________

Site Address ____________________________________________________

Office Address ____________________________________________________

1st Party 2nd Party

Winntus Formwork Pvt Ltd
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AGREEMENT SUMMARY POINTS

1. Rental amount is to be paid every month on time.

2. Account for deposit amount is to be maintained separately.
3. Deposit amount will be treated as refundable instead of adjustable, at the duration of
closure of deal.
4. First party shall reserve right to lift back the supplied material in case of non-payment
of two consecutive bills.
5. In case of breach of any part of agreement, first party shall reserve the right to
compensate itself from the second party.
6. Transportation charges are to be under the scope of 2nd Party on both sides (receiving
and returning of material).
7. Rental amount will be charged from the date of material dispatch to till the return of
the material back to first party.
8. Second party is liable to pay taxes as per current government norms on every monthly
rental bill. However, which is subject to change and implemented on behalf of
amendment done timely by law in force.
9. Every Invoice and challan shall attest accurately according to NSSDM by Second
Party (Name, Stamp, Signature, Date and Mobile Number).
10. Second party is solely responsible to return the material to First Party’s stockyard.
11. First party will not bear any adjustment in rental bill once the material delivered to
second party.
12. Second party is liable to pay breakage and shortage charges as agreed in agreement
against material shortage and damaged.
13. Second party shall not sublet or change the location of material from one site to
another without written consent of first party.
14. In the event of any dispute, principal site owner and second party shall not prevent
first party to enjoy their right to recover their material from site. Moreover, first party
shall reserve their right to recover outstanding amount as well.
15. In case of non-payment of rental amount, second party will be liable to pay interest
@ 18% P.A. along with the total outstanding amount
16. Due to any natural havoc, financial stock ups, labour management, pandemic or any
other circumstances if our work stops after dispatching material then 1St party won’t
bear any adjustment in rental bill.
17. Charges shall apply for material demanded is on the basis of per day per piece as
mentioned in agreement in rate list.
18. Any disputes arising in this contract are subject to arbitration/judiciary at Gurugram
Jurisdiction only.

1st Party 2nd Party

Winntus Formwork Pvt Ltd
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Schedule II.

Acknowledgement to be signed by Second Party

I _________________________________, of______________________________,
acknowledge that I have given the following cheque No.
_____________________________________ (security cheque) to the First party
along with the agreement. I confirm that the first party shall be free and entitled to use
this cheque for the recovery/realisation of amount/value of goods supplied to me, if
in case I fail to deliver the goods back to First party, the same can also be used for
the recovery of rent which becomes due against the material delivered to me if I fail
to pay the same OR for both.

1st Party 2nd Party

Winntus Formworks Pvt. Ltd.
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DOCUMENTS REQUIRED ALONG WITH AGREEMENT

 KYC documents
 PAN, 3 Pages GST Certificate
 Security Cheques of supplied material value
 Cheque/RTGS for deposit amount
 Assurance letter from client
 Client work assignment and agreement
 Site address proof

Gratitude for…...

 We request you to give us permission for putting WINNTUS signboard at your

site.
 Please allow us to click some nice pictures of your site for your work in
progress records.
 Please help us to maintain stock register by auditing our material.
 At completion of our work please provide us testimonials/feedback.
 Your suggestions, complaints are always welcome please share them
frequently
 Request your patience during operations
 Please do payment on time
 Please give us references if our services are good

1st Party 2nd Party

Winntus Formwork Pvt Ltd