MTNL Delhi Agreement Form

AGREEMENT FORMAT
(To be signed on Rs 100/- Stamp Paper to be supplied by MTNL) This agreement is made and entered into at Delhi, this _____ day of ______ , 2005, between Mahanagar Telephone Nigam Limited, through the General Manager, having office at ________________________________________________________________, hereinafter called MTNL (which expression shall unless repugnant to the context or meaning thereof be deemed to mean and include its successors and assigns in the office) of the ONE PART
AND M/s _______________________________________________________________, having address at _________________________________________________________ ________________________________________________________________________ ________________________________________________________________________
, hereinafter called the customers(which expression shall unless it be repugnant to the context or the meaning thereof shall mean and include the officer for the time being holding the said post and/or his successors in the office) of the OTHER PART.
WHEREAS the MTNL has finalized a scheme for providing EPABX to the customer free of cost , but on payment of specified fixed rental and call charges as per the prevailing rates, to the customer.
AND WHEREAS the Customer has filed an application, dated _______ , with the MTNL, for providing the customer with EPABX, for _________ extensions, at customers premises at ______________________________________________________________ ________________________________________________________________________
AND WHEREAS MTNL would provide the same through one of the empanelled manufacturer/authorized suppliers, engaged in the business of supplying, installing, testing, commissioning, upgrading and supporting the EPABX.
NOW THIS AGREEMENT WITNESSETH AND AGREED TO BY THE PARTIES AS HEREINBELOW:
1. That the MTNL agrees to supply Free EPABX under the MTNLs Free EPABX scheme, of the initial capacity ________ . The customer agrees to pay the rental for ___________ extensions (minimum forty five, i.e. 90% of 50 extensions). The Free EPABX will be installed at the customers premises, at________________________ _____________________________________________________________________ , where, the customer agrees to provide free space, power and air conditioning, etc. The customer also agrees to pay the electricity bill and Annual Maintenance Contract (AMC) Charges for the air-conditioning equipments, etc at his premises. The customer also agrees to pay, municipal corporation taxes, as applicable. The customer agrees, to be fully responsible for the security and safety of the EPABX and the other associated equipment at all times.
2. The customer agrees to use the EPABX, so installed in their premises, for a minimum period of six years and the usage can be extended beyond six years with mutual consent at the same terms and conditions.
3. The customer shall be entitled, to make unlimited number of free intra-EPABX calls (within extensions of the EPABX at one location).
4. The customer agrees to pay, as rental and maintenance charges following fixed rental:
to MTNL at
(a) Rs 100/- per working extension per month, if extension are provided and maintained by MTNL. Normal analogue telephone instrument will be provided by MTNL. (b) Rs 50/- per working extension per month, if extension are provided and maintained by the customer. No telephone instrument will be provided by MTNL. (c) For external extensions, the customer agrees to pay, Rs ___/- as rental and maintenance charges per external extension per month (to be decided by MTNL depending upon distance and location at prescribed rates). Normal analogue telephone instrument will be provided by MTNL for every extension.
5. The customer agrees to pay the call charges, the rental for PRI lines, junction lines and other facilities, etc separately. These charges are subject to change from time to time upwards and downwards.
6. The ratio of junction lines to the no. of extensions will normally be 1:10. However, this may be further increased, based on the actual traffic figures, with the consent of the customer.
7. The customer can procure special instruments like CLI, Digital Telephone Instruments, etc., from MTNL on rent and guarantee basis on MTNL rates.
8. (a) The customer agrees to pay a security deposit/irrevocable bank guarantee for the amount of Rs ___________/-(Equivalent to six months rental of the equipped capacity). The validity of the bank guarantee should be three months more than the six year minimum usage period of the EPABX. (b) In case of capacity upgradation of the EPABX, the customer agrees to pay the additional security deposit/ irrevocable bank guarantee, for the amount equivalent to the six months rent of the upgraded capacity. (c) No interest will be payable for security deposit, etc.
9. The authorized signatory of the customer undertakes total responsibility to make the payment in full for the consolidated bill comprising of (a)rental of extensions, (b)rental for PRI, junction lines, etc (c) call charges and (d) rent and guarantee charges for special accessories, if applicable (e) any other charges for facility extended by MTNL to customer on mutually agreed terms and tariff. The customer agrees to pay the bills before the due date along with service tax and any other tax levied by the government from time to time.
10. No lines from other service operators will be terminated on the EPABX.
11. All disputes arising out of or relating to this agreement shall be decided by arbitration by the Executive Director, MTNL New Delhi an arbitrator appointed by him. There
will be no objection that the arbitrator so appointed is MTNL / Government Officer. The proceedings shall be governed by Arbitration and Conciliation Act 1996 and Rules made there under or any enactment or statutory modification thereof in force for the time being. The decision of the arbitrator shall be final and binding on both the parties.
12. Rights of the parties shall be governed by the provisions of Indian Telegraph Act , 1885, Indian Wireless Telegraphy Act 1933, Telecom Regulatory Authority of India Act 1997 or any other laws of land modified or replaced from time to time.
IN WITNESS WHEREOF the parties herein have put their respective hands to this writing on the _______day,_______month,_______year this first hereinabove written.
SIGNED, SEALED AND DELIVERED
By the withinnamed MTNL Through its General Manager ( Mr./Ms. )
] ] ]
in the presence of . ] ]
SIGNED, SEALED AND DELIVERED
By the withinnamed CUSTOMER Through its Authorized Signatory Mr./Ms.
] ] ]
in the presence of . ] ]

MTNL Delhi Agreement Form

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AGREEMENT FORMAT

AND M/s ___________________________________, having address at _ ____________________________

NOW THIS AGREEMENT WITNESSETH AND AGREED TO BY THE PARTIES AS HEREINBELOW:

SIGNED, SEALED AND DELIVERED

By the withinnamed MTNL Through its General Manager ( Mr./Ms. )

SIGNED, SEALED AND DELIVERED

By the withinnamed CUSTOMER Through its Authorized Signatory Mr./Ms.

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