Agriculture Warehousing Revenue Sharing Agreement

SAC Code 998619

This agreement is made and executed into this ______, year and will be effective immediately.

Between

_________ (herein after referred to as “ Storage Space Provider or say SSP ” which expression shall unless repugnant to the context include his/ her heirs, executors, administrators and assigns), of the ONE PART:

And

Singodwala Warehousing and Logistics Private Limited, , a private limited company registered at Govind Villa, Plot no 16, Sector 9, Vidhyadhar Nagar, Jaipur, India ( hereinafter calledRepository or say RP ) which expression shall unless repugnant to the context include his / her heirs, executors, administrators and assigns) of the other Part. The Company has its Brand named as “Apna Godam” for the services it provides to its clients.

The Storage Space Provider and Repository are individually referred to as “Party” and collectively as “Parties” , as the context may require.

WHEREAS

• 1. The Storage Space Provider is the sole and absolute owner of the premises mentioned in schedule (more particularly described in the schedule to this agreement and hereinafter referred to as the “ scheduled Premises”) ;
• 2. The Storage Space Provider is desirous of providing warehousing/storage facilities on exclusive basis to RP and RP’s Clients. RP has agreed to accept and include its storage facilities as franchise of RP. ( RP has been designated as Repository by the Online Trading Platform- Apna Godam Technologies Private Limited and it enter into Franchisee Agreement with Storage Space Providers to act as a delivery centers of Trading Platforms) under Rule 56 B 12 of Rajasthan APMC Rules 1963 ;
• 3. In consideration of the First Party agreeing to the terms and conditions hereof, has agreed to —
  • a) Permit the First Party to display the “Apna Godam” signage;
  • b) Assist the First Party in upgrading its systems, equipment, connectivity and technology used for providing warehousing/storage facilities;
  • c) Provide assaying support for quality certification and quantity verification;
  • d) Provide standard operating procedures and training facilities therefore to the employees of the First Party
• 4. The Parties are desirous of reducing the terms and conditions of the space sharing arrangement in writing herein.

NOW THEREFORE THIS AGREEMENT WITNESSES AND IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS;

• 1. Duties of First Party and Second Party along with Revenue sharing

  S No	Activity	First Party	Second party
  1	Loading / Unloading	Will arrange either at its own or Facilitate the Clients to manage directly.	Software support to keep records and act as an agent of First party to collect from Clients and to Pay to Labor Vendor from Wallet Account
  2	Safe Storage	Insurance Policy, Security, Fumigation, Spray , Cleaning and Commodity Health, Building Repair Check	Software support to keep records and to Pay to vendors from Wallet Account maintained by RP . The wallet account is a virtual account where the rent collected will be credited and expenses will be debited. First Part will have real time view of the Operations.
  3	Assaying	To up date the Quality Report	To designate Agency / own staff for quality Assaying and issue a QC report for every Transaction
  4	Weighbridge Operations	To get the Weighment Done on approved weighbridge only	To provide Software support to save the Weighment slip for every inward and outward transaction
  5	CCTV	To install and keep in working condition the CCTV system at the warehouse	To provide Software support to save the CCTV footage for every inward and outward transaction
  6	WDRA Registration	To register the warehouse under WDRA	To provide support in registration
  7	Warehouse Receipt	To facilitate Commodity Finance to Clients by issuing Warehouse Receipt to the Clients either directly or Bank approved agency	To provide Software Support to issue Warehouse receipts to Bank or Banks approved Agency.

• 8	Delivery Marking	To facilitate the clients in marking delivery against their Online Trades	To provide Software support to enable delivery marking against all Open trades.
  9	Lien / Un lien	To lien mark and unlien the stock against a warehouse receipt issued or released from Funding.	To provide software support to mark lien / unlien in the repository system .

• 2. OBLIGATION OF THE STORAGE SPACE PROVIDER AND REPOSITORY

  The Storage Space Provider shall:

  • 2.1 Ensure that it has obtained all relevant licenses, approvals and / or permits from all the appropriate authorities / associations to enable the Repository to utilize the scheduled premises for the said purpose.
  • 2.2 Be liable to pay all taxes, levies and such other charges including but not limited to property tax, which are assessed, in respect of the scheduled premises by appropriate statutory or regulatory authorities. In the event the Storage Space Provider defaults in payment of any such taxes, levies or charges, the Repository may make the appropriate payments to the relevant statutory authorities and shall be entitled to deduct such sum from the rent payable to the Storage Space Provider .
  • 2.3 Be liable to pay all water, electricity, maintenance and such other charges that would arise in respect of the scheduled premises which may have arisen prior to commencement of the agreement and which becomes payable during the agreement period.
  • 2.4 Ensure that the Repository is furnished with all relevant receipts towards which payment has been made including but not limited to tax paid receipts, levies, charges etc. in respect of the scheduled premises.
  • 2.5 Ensure that the possession of the scheduled premises is handed over to the Repository in conditions that are adequately suitable for use and occupation for the purpose envisaged by the Repository.
  • 2.6 Ensure that the Repository shall have peaceful, uninterrupted and unencumbered enjoyment of the scheduled premise during the terms of the agreement. In this regard the Storage Space Provider shall ensure the scheduled premises are kept free from all the charges and encumbrances during the agreement period, so as not to adversely affect the right of occupancy and use of the Repository over the scheduled premises.
  • 2.7 Forthwith, at his cost, carry out major maintenance activities to the scheduled premises, upon the Repository providing the Storage Space Provider with notice of such defects. In the event, the Storage Space Provider fails to carry out such maintenance activities notified by the Repository within a reasonable time, the Repository is entitled to effect the necessary repairs under the own arrangements and recover the cost from the Storage Space Provider by deducting the said cost from the rent payable to the Storage Space Provider .
  • 2.8 Give full time access to any person authorized by the Repository to enter into the scheduled premises to inspect the commodities stored.

• 3. OBLIGATION OF THE REPOSITORY

  The Repository shall:

  • 3.1 Provide the services of the KYC record keeping agency and will maintain the complete record of all clients KYCs and related documents. The data to be shared with the WSP as and when required.
  • 3.2 Keep the complete record of the quality and the Quantity of the Agri Produce kept in the warehouse provided that the Standard procedure is followed by SP while depositing the Commodity in the Warehouse.
  • 3.3 To act as a collection and payment agency for the purpose of all warehousing related transactions both from clients end and SP’s end.
  • 3.4 To ensure pay in and pay out of the warehousing charges and labor and other logistic charges as applicable.
  • 3.5 To submit the return of the transactions to the trading Platform which will be further dispatched to the Director Agriculture Marketing Department.
• 4. TERM

  The agreement shall be valid for a period of 11 months (“term”) provided that the term may be at any time be terminated by the Repository at the sole discretion of the Repository. For the purpose of clarity, it is specifically stated that the Storage Space Provider is bound to continue usage of the scheduled premises to the Repository for the entire term.

• 5. INDEMNITY

  The Storage Space Provider shall indemnify the Repository and /or its personnel and keep it always indemnified and hold harmless from and against all or any suits, actions and proceedings and all losses and claims, damages, cost, expenses, fines, and penalties ( including court cases and attorneys fee) incurred for any breach by the Storage Space Provider in any of the terms and conditions maintained in this agreement including but not limited to expenses arising from any defect in the title of the Storage Space Provider to the scheduled premises.

• 6. INSURANCE

  The Storage Space Provider shall, at its own cost and expenses, take out and keep a comprehensive insurance coverage comprising of insurance against all losses or damages against fire, storm, flood, riots, or any other natural calamity caused to scheduled premises. In the event of any failure of the Storage Space Provider under this clause to the scheduled premises. In the event of any failure of the Storage Space Provider under this clause, any costs incurred by the Repository on this account shall be deducted from the rent payable to the Storage Space Provider.

• 7. SUB LEASE

  The Repository shall be permitted to sublet or underlet the scheduled premises and / or any portion thereof to any person, permit the use and. or otherwise transfer their rights under this agreement. Although this will be done only in case of commodity finance arrangement from bank or financial institution.

• 8. REPRESENTATION AND WARRANTIES OF THE STORAGE SPACE PROVIDER

  The Storage Space Provider represents and warrants to the Repository that:

• • 8.1. Storage Space Provider has obtained all necessary approvals, consents, permissions, authorization, sanctions, concurrence and any ‘ no objection’ required to be obtained from any competent authorities / association and that there is no legal or other impediment for the grant of the scheduled premises on Space sharing arrangement to the Repository for the purpose and on the terms and conditions stated herein.
  • 8.2. In the event that any fine or penalty of any nature whatsoever is imposed by any competent authorities / association for reason of grant of lease or for the failure on the part of the Storage Space Provider to obtain any necessary approvals, consents, permissions, authorization, sanctions, concurrence and any ‘no objection’ then the same shall be borne exclusively by the Storage Space Provider and no liability of any nature in this regard shall fall upon the Repository.
• 9. TERMINATION

  The lease shall be determinable under all or any of the following circumstances, namely:-

  • a) By efflux of time or
  • b) In the event there is defect in the title of the scheduled premises ; or
  • c) On Repository giving written notice of termination one month in advance to the Storage Space Provider ; or
  • d) In the event the scheduled premises become unfit for the purpose.
• 10. CONSEQUENCE OF TERMINATION

  Repository shall handover the scheduled premises and shall return all the keys, materials etc. after the termination of the agreement to the Storage Space Provider .

  Without prejudice to the foregoing, nothing in this agreement shall in any manner prejudice the rights of the parties arising either under this agreement or under law.

• 11. DISPUTE RESOLUTION

  In case of any dispute arising in respect of this agreement, the matter shall be referred to arbitration in consonance with the provisions of the arbitration and conciliation Act 1996, and the arbitral tribunal shall consist of one arbitrator appointed by the parties by mutual consent. The decision of the arbitrator so appointed shall be binding upon the parties. The law governing the arbitration proceedings shall be Indian Law and the proceedings shall be at Jaipur and in the language of English.

• 12. MISCELLANEOUS

  • 12.1 Entire Agreement: This agreement shall constitute the entire agreement between the parties hereto relating to the subject matter thereof, and there are no oral statements, representations, warranties, undertakings or agreements between the parties except as provided herein. This agreement may not be amended or modified in any respect except by written instrument signed by the duly authorized representatives of the parties hereto.

• • 12.2 Notices: Any notices under this agreement will be sent by certified or registered mail to the respective address of parties as contained in this agreement.

  • 12.3 Waiver: It is expressly understood that if either party on any occasion fails to perform any terms of this contact and the other party does not enforce that term, the failure to enforce on the occasion shall not prevent enforcement on any other occasion.

  • 12.4 Severability: Each section of this agreement is severable. If any provision is held enforceable by a court of competent jurisdiction, such ruling shall not impair any other provision that remains intelligible and all other provisions shall continue in effect.

  • 12.5 Counterparts: This agreement shall be executed in two counterparts one each to be retained by the respective parties. Each counterpart shall be treated as an original and shall be capable of being enforced without reliance on the other counterparts as an original document.

IN WITNESS WHERE OF THE STORAGE SPACE PROVIDER AND THE REPOSITORY HEREBY SET THEIR HANDS AND SEAL TO THIS AGREEMENT ON LEASE ON THE DAY, MONTH AND YEAR FIRST ABOVE WRITTEN IN THE PRESENCE OF THE FOLLOWING WITNESSES;

SCHEDULE-I REFERRED TO HERE IN ABOVE

• 1 Place of Execution
• 2.......
  • a. Date of execution
  • b. Date of handing over the Possession
  • c. Storage charges Effective Date
  • d. Rate (per MT/per Month)
    • Dedicated
    • Mixed Stack
  • e. Storage Area (in Square Feet)
  • f. Storage Area (in Metric Ton)
• 3......
  • a. First Party
    • Name________________________
  • b. Type of warehouse
    • Dry ____
    • Cold Storage _______
  • c. Details and address of the First Party

    Constitution _____________________________________ Address__________________________________________________________________________________________

• • d. Email Id of First Party
  • e. Contact Number
• 4. Name and details of the authorized signatory of Apna Godam

  Name_________________________________ Designation_____________________________ R/o ___________________________________

• 5........
  • 5.1 East by:
  • 5.2 West By:
  • 5.3 North By:
  • 5.4 South By:
  • 5.5 Warehouse Area (in Square Ft.)
• 6 WH Godown/chamber wise Capacity and area Detail
  • Godown No..........
  • Chamber No.........
  • Area (in sq. ft)......
  • Capacity (in MT)......

SCHEDULE-II (Checklist of Documents)

Tick Mark at document

• A. Document required from First Party
  • Pan Card (mandatory)
  • Authorization Letter (In case of Company, Partnership Firm, HUF, Trust etc.)
• B. Any two copies from the 3 below (address proof):
  • Aadhar Card
  • Passport Copy
  • License Copy
  • GST Registration-Yes/No
• C. Title Documents
  • Sale Deed
  • Agreement to Sale
• D. Any Other Document such as Gift Deed/Will etc. (Please Specify Below the name and nature of such document)

First Party

Second Party

LETTER OF AUTHORISATION

To,

Singodwala Warehousing and Logistics Pvt Ltd.

We the undersigned hereby authorize_____________________________ in his/her capacity of being the______________________ to act on our behalf in all manners relating to signing, execution and effectuating the present Storage Agreement with Singodwala Warehousing and Logistics Private Limited.

_______________________ on our behalf shall have the same effect as acts of our own. This authorization is valid until further written notice from__________________.Sincerely,

To be signed and executed by the Partners and/ or Board of Directors and/or Co-Parceners and/or Trustees

• 1........
  • Full Name:
  • Designation:
• 2........
  • Full Name:
  • Designation:
• 3........
  • Full Name:
  • Designation:

First Party

• 4........
  • Full Name:
  • Designation:
• 5........
  • Full Name:
  • Designation:

First Party

Second Party