supply agreement template india

supply agreement template india

• May 28, 2019
• by:  cialpharmedi 
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Renting a property in Indonesia involves a legal and cultural framework that can be quite different from the common law systems found in many Western countries. The tenancy agreement, known locally as a Perjanjian Sewa Menyewa, is governed by the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata) and shaped by local customs. For expatriates and locals alike, understanding these nuances is key to a secure and successful rental experience.

One of the most significant differences is the common payment structure. While monthly rent payments are the norm in many parts of the world, in Indonesia, it is extremely common to pay the entire rent for the full term of the lease upfront. For a one-year or two-year lease, this means the tenant is expected to pay 12 or 24 months’ worth of rent in a single transaction at the beginning of the tenancy. This practice can be a significant financial shock for expatriates who are not prepared for it. It is crucial that the total amount paid and the full period it covers are explicitly stated in the written agreement.

The Perjanjian Sewa Menyewa itself should be a detailed, written document. While verbal agreements can exist, they offer no real protection. A strong agreement should always be signed by both parties and, for added legal weight, executed on a meterai, a physical stamp duty seal (currently Rp 10,000). This stamp duty is required for a document to be presented as formal evidence in an Indonesian court. The agreement should be written in Bahasa Indonesia, or at the very least, a bilingual version should be created with a clause specifying which language will govern in the event of a dispute.

The rights and obligations are similar in principle to other countries. The landlord (pemilik) is responsible for major structural repairs, while the tenant (penyewa) is responsible for routine upkeep. The security deposit (uang jaminan) is standard practice. The agreement must clearly state the amount of the deposit and the conditions for its return. Unlike in some Western countries, there are no strict laws mandating that the deposit be held in a separate bank account, which makes having a clear, written agreement about its return even more critical.

Finally, the termination of the lease is a serious matter. Under the Indonesian Civil Code, a fixed-term lease cannot be terminated prematurely by either the landlord or the tenant, except by mutual agreement or if there has been a significant breach of contract. A landlord cannot simply evict a tenant for no reason before the end of the term. This provides strong security of tenure for the tenant, but it also means a tenant cannot easily break a lease if their plans change. Understanding these key differences, particularly the upfront payment system and the rigidity of a fixed-term lease, is essential for anyone looking to rent property in Indonesia.

tenancy agreement for couples

• May 28, 2019
• by:  cialpharmedi 
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A fixed-term tenancy agreement is a binding contract. When you sign a 12-month lease, you are legally obligated to pay rent for the entire year, whether you live in the property or not. However, life is unpredictable—a sudden job relocation, a family emergency, or a change in financial circumstances can make it necessary to move before the lease term is up. Breaking a lease can have serious financial and legal consequences, but there are several options and strategies you can explore to mitigate the damage.

government procurement framework agreements

• March 3, 2019
• by:  cialpharmedi 
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While both are legally binding contracts for the use of property, the agreements governing a residential apartment and a commercial office space are fundamentally different documents, built on distinct legal philosophies. A residential lease is heavily regulated to protect an individual’s right to shelter, a basic human need. A commercial lease, by contrast, is a business-to-business contract negotiated between what the law often assumes are two sophisticated parties, where the primary goal is to facilitate commerce. Understanding these differences is crucial for anyone involved in renting property, whether as a tenant or a landlord.

The most significant distinction lies in the level of   consumer protection  . Residential leases are subject to a dense web of laws that provide tenants with numerous non-waivable rights. These include the implied   warranty of habitability   (the landlord’s duty to keep the property livable) and strict, legally defined procedures for eviction. The law recognizes an inherent power imbalance between an individual tenant and a landlord. Commercial leases, however, operate on the principle of   freedom of contract  . The law presumes that a business tenant has the knowledge and resources to negotiate a deal that protects their own interests. As a result, almost every clause in a commercial lease is negotiable, and there are far fewer built-in legal protections for the business tenant.

The financial structure of the rent is another major point of divergence. Residential rent is almost always a straightforward, fixed monthly amount. Commercial leases feature far more complex structures. A very common type is the   “triple net” (NNN) lease  . In this arrangement, the business tenant pays a base monthly rent  plus  a proportional share of the building’s major operating expenses: property taxes, property insurance, and common area maintenance fees. This means the tenant’s total monthly payment can fluctuate, and they bear a direct financial risk related to the building’s operational costs.

The duration and responsibilities outlined in the leases also differ dramatically. Residential leases are typically for shorter terms, usually one year. Commercial leases are long-term commitments, often spanning five, ten, or even twenty years to provide business stability. Furthermore, in a residential lease, the landlord is responsible for almost all maintenance and repairs. In many commercial leases, the responsibility for maintaining and repairing major systems—including the heating, ventilation, and air conditioning (HVAC)—is placed squarely on the tenant. Because of this complexity and the significant financial stakes, a commercial lease should always be reviewed by a qualified attorney.

These distinct approaches are a reflection of their different purposes. Residential lease laws, found in acts like Germany’s Civil Code, prioritize the protection and stability of a person’s home. Commercial property laws, in contrast, provide a flexible but less forgiving framework for business transactions.

clip aus mediathek downloaden

• March 1, 2019
• by:  cialpharmedi 
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Das deutsche Mietrecht gewährt Mietern weitreichende Rechte, die sicherstellen sollen, dass eine Mietwohnung ein sicherer und ungestörter Lebensmittelpunkt ist. Diese Rechte sind im Bürgerlichen Gesetzbuch (BGB) verankert und können durch den Mietvertrag in der Regel nicht zum Nachteil des Mieters aufgehoben werden.

Essential Contracts in Business

• February 25, 2019
• by:  cialpharmedi 
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Businesses start several arrangements and deals inside conduct of the affairs. Their lawyers be sure that these business agreements are comprehensive, properly planned and protective. A well-drafted and executed contract is very important in business operations.

Here are some with the common business contracts that companies enter:

o Employee agreements – This provides the employer-employee contract agreement, which includes the project offered and descriptions, the load of the position, salary and benefits, and also the status of the task whether it is “at will”, you aren’t.

o Confidentiality and Invention Assignment agreement – This agreement makes sure that business strategies, ideas, along with other work product put together by the employee is going to be kept confidential all of which will remain as company property even when the staff member leaves or terminates his contract.

o Services contract – This agreement offers the terms and conditions to which a service need to be rendered and details in the responsibility and liability limitations.

o Sales Contract – Gives the price, conditions and terms for the sale of products, equipment and also other company products.

o Confidentiality and Non-Disclosure Agreement – This agreement binds the parent receiving an informant to hold on to information in strict confidentiality and employ it only to evaluate business transactions.

o Contractor and Consultant Agreement – This agreement is designed for private contractors and consultants taking care of short-term basis while using company. This agreement contains job description as well as the limits with their responsibility, such as payment rate along with their period of employment.

o Property management agreement – This agreement is manufactured when the company rents or leases an office building building, a rental or a storage building as depot.

o Partnership Agreement – An agreement created by business partners specifying how much contributions each member has, the proportion of each member inside profit, plus the terms of division.

There are a few other agreements a business can involve itself along the span of its operations. Business agreements and contracts can be advantageous to business as it might increase profit, earn respect and multiply prospects. But bad contracts might be disastrous and may sometimes make the downfall of business.

To make better contracts, the following tips might be helpful:

o Make a clearly written contract spelling your responsibilities of every party.

o Make sure that all key statements and representations are explained. Avoid omissions and incomplete terms.

o Study sample contracts to find out the structure and language used.

o Draft an application to suit your needs.

o Write the draft with the contract yourself and consult the lawyer.

o Keep in mind the necessary legal terms, clauses, structure and language in the contract.

o Attached an addendum or exhibit inside the main contract as cause specific documents for several transactions

o In the end, include miscellaneous clauses or “boilerplates” on the contract.

The goal in drafting a legal contract is to use a clear meaning and understanding in the deal. To achieve this, it will be important to use language that is certainly clear and concise as the key to a superb business deal is often a well-written contract.

Understanding the Agreement to Purchase

• February 25, 2019
• by:  cialpharmedi 
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The Basic Business For Sale Agreement

Whether that you are buying a business or selling one, some number of legal papers undoubtedly are a necessary a part of that transaction. One of the most important could be the Business For Sale contract. While the exact type of this document are vastly different from state to state (or from state to state) dependant on various laws that govern the sale of an business, every Business For Sale agreement can have common provisions whatever the jurisdiction in which it is filed. Much of the word what may be considered “boilerplate,” the industry block of text which might be reused in one contract to a higher. The purpose of your Business For Sale contract is usually to explain, in great detail, what exactly is being sold to your buyer, at what price, and under what terms.

Standard Contract Provisions

The Business For Sale agreement will start with something called “recitals,” including the names of the two parties mixed up in the transaction and explain the aim of the document. It will continue to list a meaning of terms, in order that there is no misunderstanding by both sides as towards the meaning of such words as “stock,” “transfer date,” “warranties,” and many others. There may also be sections that address these elements:

• How much of an deposit the purchaser will pay, in the event the balance arrives, how any seller-based financing will likely be repaid, and under what terms.

• Whether or not employees will probably be retained, and exactly how the change in ownership may affect such things as retirement plans along with other benefits.

• Which assets are as part of the transaction, which are not, and ways in which the current market price has been calculated.

• How existing company debts and liabilities is going to be treated.

• A listing of any warranties that relate on the equipment readily available.

• The contracts and leases that may accrue for the new buyer, with an explanation in their terms and conditions.

• How any buyer / seller disputes is going to be resolved.

Key Terms to Know

Even in case you have bought and sold many companies in the past, the significance of understanding the unique language of any Business For Sale contract can not be overstated. Here certainly are a few terms that usually crop up in a Business For Sale agreement, in addition to some basic specification of their meaning in this context:

• Letter of intent – This document often precedes your Business For Sale contract, however it may contain a amount of legally binding provisions that carry over to the primary sales agreement; this will likely include some non-disclosure language and also a promise to negotiate in good faith.

• Cash flow statement – A promise of how much cash a firm has accessible at any given time (reported quarterly and annually), with an accounting of how the bucks was obtained: from operations, investing, or financing; the goal of the cash flow statement would be to offer info on the company’s fiscal health insurance and its ability to pay bills.

• Due diligence – This catch-all phrase refers towards the process a prospective buyer undergoes in order to investigate the value of your company; material for being reviewed under required research may include balance sheets, profit-and-loss statements, patent filings, equipment leases, and so forth.

• EBITDA – This acronym is short for “earnings before interest, taxes, depreciation, and amortization.” EBITDA proves beneficial in the ability to compare one company’s value against another’s by reduction of how different financing or accounting methods may skew an exact comparison; it essentially levels the game for firms which are heavily bought expensive assets that happen to be subject to long-term write-offs.

• FF&E – These initials are a symbol of “furniture, fixtures and equipment, discussing hard-asset items which are likely to be within the sale of any business; though these items are be subject to steep depreciation (just think about how much a PC bought in 1999 may be valued at today), having the value of FF&E is a vital portion of comprehending the worth of the company.

Fully Understand the Franchise Agreement?

• February 25, 2019
• by:  cialpharmedi 
• note:  no comments 

Modern Day Franchising is definitely an excellent solution to extend your manufacturer rapidly, but there are numerous draw backs to franchising. One with the most serious considerations would be the incredible litigation between franchisees and franchisors. The cost of protecting you Franchise Company from attorneys of disgruntled and/or non-performing franchisees can be extremely expensive indeed.

It had not been long ago before my retirement that I ran a franchise company and in some cases wrote our companies franchise agreements and international franchise agreements; many over 180 to 200 pages of mandatory disclosure documents. One part of boilerplate clauses I most remember was one we always put at the conclusion of our franchise agreements, that has been titled “Questions Concerning This Franchise Agreement” along with the basic jist than it all ended up being to make sure that the franchisee cannot get out of the agreement claiming he never make out the print or wouldn’t understand a certain part of the usb ports, which indeed could easily take place in 200 pages of legal crap couldn’t it? In any case the clause went something similar to this:

“Franchisee understands the intent of each one paragraph with the franchise agreement and Franchisee has asked your concerns of anything they would not understand and have absolutely consulted competent advisors to enable them to determine the precise meaning of all things in this Franchise Agreement. Franchisee further considers themselves mentally competent and this nothing coded in this Franchise Agreement still seems ambiguous to Franchisee. There is nothing with this Franchise Agreement, which Franchisee wouldn’t understand back then Franchisee signed this Franchise Agreement. Franchisee indicates this Franchise Agreement to consultants and/or advisors who they are comfortable with and Franchisee’s advisors and Franchisor have gone over this Franchise Agreement and related and attached agreements with Franchisee. Franchisee wrote down questions and personally checked them off when Franchisee felt these people were answered adequately both by Franchisor and Franchisee’s advisors.”

Now at first glance you might think no big problem right? Well without such clauses you could potentially actually be sued and somebody that failed to fulfill their side on the agreement could cheat you of money. It seems considering the over regulation and litigation that it’s truly amazing after 200 pages of your legal document you want such a clause within the agreement. But with kangaroo courts and juries because of their heads up their butts and liberal judges, go figure? This is only one on the reasons I retired early when he was 40 in the franchising industry. Consider this in 2006.