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Sale of Goods Agreement

  Team LawDocs A sale of goods agreement, as the name suggests execute between a buyer and seller and governs. The terms and conditions to be adhere between a buyer and seller. Before and during the persistence of transaction and for as long as it continues to exist. The parties to a sale and goods agreement shall by their own free will and consent. Enter the agreement and adhere to the same. The property must be definable and tangible and shall not be against the public policy and laws. Applicable within the territory of India. Every such transaction between a buyer and seller takes place pursuant to an exchange of consideration. As maybe specified and agreed between the parties in advance. The agreement must expressly state the willingness,  free will and consent of the parties to enter into the prospective transaction between the parties. The consent is not just limit to the occurrence of the sale between the parties but also extends to the other terms and conditions specified in th

Compromise Deed

  Team LawDocs Compromise Deed : There are various instances wherein to put an end to a dispute the parties in dispute. Choose to resort to alternate dispute resolution mechanisms such as arbitration, conciliation or mediation etc. The objective of the parties to choose alternate means to resolve disputes arises. Out of the need to save the time, money and other resources among other reasons. One of the most commonly occurring scenarios that the parties witness is to achieve a “compromise” by adhering to certain terms and conditions mutually agreeable to all the parties in dispute with each other. Pursuant to the rounds of negotiations when parties reach a conclusive agreement, the same is recorded by way of a compromise deed and is presented before the court or any other relevant authority adjudicating the dispute in that point in time. Once the consent of the authority is received, an order is passed and the compromise deed becomes a decree binding the parties signatory to it. Compro

Software Agreements

  Desk Team LawDocs A Software Agreement is execute between the Software Provider and its Customer, wherein the Software Provider agrees to maintain and provider services with respect to the software which is being use by the customer. Generally, a Software Agreement consists of the following: Software Maintenance Software Service Agreement This is a standard contract execute whenever a software is provide by the service provider, as deficient software can have significant impact on the business or the electronic device of the customer. Contents    hide   1 The following clauses are necessary to included in the Agreement : 2 When drafting an application, the following should be ensured: 3 Copyright Act and the Patent Act 4 Related The following clauses are necessary to included in the Agreement : Maintenance  – The Agreement shall specify what kind of services shall provide by the service provider in terms of maintenance of the software such as updates, new versions of software etc. Wa

Cybersecurity and Data Protection

  Desk Team LawDocs PERSONAL DATA PROTECTION BILL, 2019 Data Protection The Personal Data Protection Bill, 2019 was introduce in Lok Sabha by the Minister of Electronics and Information Technology, Mr. Ravi Shankar Prasad, on December 11, 2019. The Bill seeks to provide for protection of personal data of individuals. And establishes a Data Protection Authority for the same.  The Bill broadly provides the following: \ Applicability- shall apply to government, (ii) companies incorporated in India, and (iii) foreign companies dealing with personal data of individuals in India Obligations of data fiduciary:  A data fiduciary is an entity or individual who decides the means and purpose of processing personal data. Such processing will be subject to certain purpose, collection and storage limitations.  For instance, personal data can be process only for specific, clear and lawful purpose Rights of the individual: rights of individual shall include right to notice, right to delete, right to s

Hardware Agreement

  Team LawDocs      A hardware related is a contract use between a business providing computer hardware maintenance. As well as a business contracting that maintenance.  The Hardware related contracts generally include:  Hardware Service Agreement Hardware Supply Agreement A hardware related agreement is a contract use between a business providing computer hardware maintenance as well as a business contracting that maintenance. Under such agreements, a maintenance service provider will undertake tasks that include commissioning new hardware, conducting repairs, and carrying out preventative maintenance. A hardware agreement will generally not cover software except insofar as it relates to the servicing of the hardware, although hardware service agreements that also cover software are available. A typical maintenance service agreement will contain some or all of the following clauses: Interpretations and Definitions. Terms. Payments and Fees. Services. Client Obligations. Service Provid

Hire Purchase Agreement

  Team LawDocs Hire Purchase Agreement is the modern day inception of the concept of bailment. Essentially, a hire purchase agreement is an agreement of hire with an option to purchase available at the disposal. Chitty defined and characterized a hire-purchase agreement as an agreement under which an owner lets chattels out on hire. And further concurs that the hirer of such chattel has an option open. To either restore the products and end the procurement or choose to purchase the merchandise. When the instalments for hire have achieved an entirety equivalent to the measure of the purchase cost. Hire purchase agreements were originate in England and thereafter introduce to India by the British. Most of the time, such agreements were govern under the English law. Until a specialise act to govern the same viz. the Hire Purchase Act passed in 1972. But was never enforce and finally got repeal in 2005. The pioneering hire-purchase company back in the time was the Madras-based Auto Supply

Indemnity and Guarantee

  Team LawDocs A contract of guarantee or indemnity is a contract by way of which a ‘surety’ . Ensures to safeguard the interest of creditor. Towards the debt owed by the principal debtor towards the loan amount upon occurrence of a default. The surety plays a secondary role in a commercial transaction. By furnishing means to indemnify the creditor to the extent of amount disputed. A contract of guarantee is a contract is govern by the provisions lay down under the Section 128 of the Indian Contract Act. The underlying objective of a contract of guarantee is to safeguard the interest of the principal creditor. Under the act the liability of guarantor is coextensive with the liability principal debtor, unless provided otherwise by the contract. However, the question of co-extensive liability of the principal debtor and guarantor has been under the radar of adjudicating authorities and appellate authorities formed under the Insolvency and Bankruptcy Code, 2016. The question of the applic