Roam Agreement - Mithila Paints Pvt Ltd

MITHILA PAINTS PRIVATE LIMITED

DEALER/DISTRIBUTOR FORMALITIES

Date and Location:

Agreement Date

Location

Parties Involved:

MITHILA PAINTS PVT LTD: A company with PAN No. AAXFM0742L, located at MITHILA PAINTS PVT
LTD, 5-floor, 514, Amanora Chambers, Hadapsar, Pune - 411028.

Dealer:

M/s

Name

First

Last

PAN No.

Represented by

with a permanent address at(On Aadhar/Pan)

Phone

Agreement Context:

•	MITHILA PAINTS PVT LTD produces texture, paint, and building products.
•	The Dealer/Distributor seeks exclusive rights to sell, apply, and distribute MITHILA PAINTS PVT LTD's products in India.
•	The Dealer/Distributor approached MITHILA PAINTS PVT LTD for this appointment.
Agreement Summary:
•	MITHILA PAINTS PVT LTD appoints the Dealer/Distributor/Distributor with the exclusive right to sell and distribute its products in India.
•	The agreement is for a specified duration with terms and conditions to be followed by both parties.

	THE AGREEMENT WITNESSETH AS FOLLOWS:
 1. DEALER/DISTRIBUTOR
MITHILA PAINTS PVT LTD appoints DEALER/DISTRIBUTOR as the exclusive Dealer/Distributor for its products in Pune. The DEALER/DISTRIBUTOR cannot sell these products outside Pune. MITHILA PAINTS PVT LTD may add or remove products from the list.

2. BASIS OF THE AGREEMENT
The relationship is strictly seller and buyer, not principal and agent. The DEALER/DISTRIBUTOR is not an agent of MITHILA PAINTS PVT LTD.

3. Right to Appoint Other Dealers/Distributors:
 MITHILA PAINTS PVT LTD can appoint other Dealers/Distributors and sell products to anyone in the Dealer/Distributor's town if the Dealer/Distributor meets clause 27.

4. Order Placement/Acceptance: 
•	Dealer/Distributors must return undelivered orders on the same day if not placed, and no future replacements will be provided.
•	Orders must follow standard pack sizes and are subject to MITHILA PAINTS PVT LTD's acceptance and current pricing.
•	Accepted orders can be delivered in parts, and cancellations can occur at any stage.
5. Terms/Conditions: Sales are governed by the agreement and any additional terms on official order forms.
6. Maximum Retail Price (MRP): DEALER/DISTRIBUTOR must not exceed the MRP suggested by MITHILA PAINTS PVT LTD but can charge less if desired. MITHILA PAINTS PVT LTD is not responsible for the DEALER/DISTRIBUTOR's actions.

7. PAYMENT 
7.1. The sale of goods by MITHILA PAINTS PVT LTD shall be on payment by RTGS/Demand Draft/Cheque against supplies made as may be required by MITHILA PAINTS PVT LTD from time to time. The discretion of MITHILA PAINTS PVT LTD on the choice of mode of payment shall be final and binding upon the DEALER/DISTRIBUTOR. 
7.2. Such payment against dispatch shall always be the essence of the transaction, which MITHILA PAINTS PVT LTD may accept to execute in whole or in part on receipt of the written or oral order of supply from the DEALER/DISTRIBUTOR.
 7.3. For the sake of administrative convenience, the DEALER/DISTRIBUTOR may of his own accord at his option keep with MITHILA PAINTS PVT LTD - duly signed, crossed 'account payee only' cheque drawn in the name of MITHILA PAINTS PVT LTD PRIVATE LIMITED, with the direction to MITHILA PAINTS PVT LTD to fill up the amount of bill /invoice of goods dispatched/received/ and confirmed by the DEALER/DISTRIBUTOR. 
7.4. The signed cheques, until and unless countermanded, shall be deemed to constitute a representation and assurance on the part of the DEALER/DISTRIBUTOR, to MITHILA PAINTS PVT LTD that the DEALER/DISTRIBUTOR has sufficient funds with his banker to cover the amount of the cheque.
 7.5. MITHILA PAINTS PVT LTD mandates that the DEALER/DISTRIBUTOR furnish three cheques as a security measure. One of these cheques must be issued with a specified amount of Rs. 100, while the remaining two cheques are to be left blank, ensuring their availability for future use as needed.

8. Credit Period:
•	Payment is due within 7 days of the invoice date.
•	Payments made after 45 days incur 24% annual interest.
•	Accounts exceeding 45 days or credit limits are suspended until all dues are cleared.
9. Warehousing of Goods:
•	Dealer/Distributor must follow MITHILA PAINTS PVT LTD's storage norms.
•	Non-compliance absolves MITHILA PAINTS PVT LTD of liability for loss or damage.
10. Lien on Goods:
•	MITHILA PAINTS PVT LTD holds a lien on goods until payment is received in full.
11. Unpaid Cheques:
•	Sales are cash sales; unpaid cheques must be replaced by RTGS/Demand Draft within 7 days.
•	Unpaid cheques may lead to legal action and possible agreement termination.
•	Dealer/Distributor bears dishonor charges unless it's MITHILA PAINTS PVT LTD's fault.
12. Dispatch:
•	Goods dispatched by road at MITHILA PAINTS PVT LTD's discretion; Dealer/Distributor bears risk after dispatch.
•	Dispatch date is the date on the carrier receipt.
13. Delivery:
•	Delivery is fulfilled by providing transport documents (railway/lorry receipt, etc.).
•	The delivery date is the dispatch date on these documents.
•	For non-government transport, the Dealer/Distributor can request MITHILA PAINTS PVT LTD to pursue claims for losses or damage within 7 days of delivery.
14. Failure to Take Delivery:
•	If the Dealer/Distributor fails to take delivery or pay, MITHILA PAINTS PVT LTD can sell the goods at the Dealer/Distributor's risk and cost.
15. Claim on Quality:
•	Claims regarding the quality of goods must be made within 7 days of arrival. Otherwise, goods are deemed acceptable.
16. Dealer/Distributor Service & Support:
•	The Dealer/Distributor is responsible for effective distribution, sales promotion, and handling complaints in their territory.
17. Business Promotion:
•	The Dealer/Distributor commits to promoting MITHILA PAINTS PVT LTD's brands and products, including maintaining displays as instructed.
18. Optimum Level Stocks:
•	MITHILA PAINTS PVT LTD may set norms for stock management to ensure quality and availability.
19. Selling Method:
•	The Dealer/Distributor must sell products on a FIFO (First In, First Out) basis.
20. Life of Product:
•	Products have a shelf life as indicated on the package; MITHILA PAINTS PVT LTD will not accept unsold products back.
21. Information and Records:
•	The Dealer/Distributor must maintain and provide data as required for sales tracking and cooperate with audits.
22. Statutory Obligations:
•	The Dealer/Distributor must meet all legal obligations, including taxes, and provide the necessary documentation to MITHILA PAINTS PVT LTD.
23. Secrecy/Confidentiality:
•	The Dealer/Distributor must keep all business information confidential and prevent unauthorized use or distribution.
24. Duration of the Agreement and Renewal:
•	The agreement remains in force until terminated as per the terms.
25. Termination:
•	Either party can terminate the agreement with 30 days' notice or immediately in case of breach or by mutual consent.
26. Period of Agreement:  
•	The agreement lasts for 2 years, with potential renewal upon the Dealer/Distributor's request.
27. Trademark:  
•	The Dealer/Distributor must not misuse or damage MITHILA PAINTS PVT LTD's trademarks, logos, or copyrights and must not use them without written permission. The Dealer/Distributor will indemnify MITHILA PAINTS PVT LTD for any misuse.
28. Dealer/Distributor to Return Books:  
•	Upon termination, the Dealer/Distributor must return all property belonging to MITHILA PAINTS PVT LTD.
29. No Waiver:  
•	Any leniency or failure to enforce the agreement does not waive MITHILA PAINTS PVT LTD's rights.
30. Jurisdiction:  
•	All disputes will be resolved in Pune courts and through arbitration in Pune if necessary.
31. Commissions:  
•	Cash discounts are given only if payments are made within the agreed credit period.
32. Supersedes Previous Agreement:  
•	This agreement overrides all previous agreements or communications.
33. Buyback Scheme:  
•	Products will not be bought back by MITHILA PAINTS PVT LTD unless a specific buyback scheme is introduced.
34. Expenses:  
•	MITHILA PAINTS PVT LTD will cover the expenses of the Dealer/Distributor agreement.
35. Agreement in Duplicate:  
•	The agreement is executed in duplicate, with one copy for each party.
36. Headings / Captions:  
•	Headings are for ease of reference and do not affect interpretation.

Agreement Context Term and Conditions

I Agree Agreement Context

Documents

AADHAR CARD

Maximum file size: 516MB

PAN CARD

Maximum file size: 516MB

GST CERTIFICATE

Maximum file size: 516MB

CHEQUE PHOTO

Maximum file size: 516MB

SHOP PHOTO

Maximum file size: 516MB

SELFIE

Maximum file size: 516MB

Name And Sign

Signature Of Dealer

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Name Of Dealer

Signature Of Sales Person

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Name Of Sales Person

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