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BUSINESS LAW GROUP

PROJECT A03
Chetan Pangavane 2018015 | Danish Jain 2018016 | Esha Monga 2018018 | Eva Shrimali 2018019

MARCH 15, 2019


THE OVENFRESH BAR AND RESTAURANT
Muthialpet, Kottakuppam, Puducherry, Tamil Nadu 605104
Contents
1 Specific business activity(ies) of the company and proposed location of the company .... 2
2 Proposed Investments ........................................................................................................ 2
3 Proposed number of Employees ........................................................................................ 3
4 List of specific actions required-........................................................................................ 3
5 List of Specific actions required to make the company operational .................................. 4
6 List of Acts, Rules, and Regulations that the company needs to comply with to be fully
legally compliant- ...................................................................................................................... 4
7 List of Licenses, registrations and certificates required- ................................................... 4
8 Specific Procedures for registrations and licenses- ........................................................... 5
8.1 Registration as LLP ..................................................................................................... 5
8.2 Liquor License: ........................................................................................................... 7
8.3 Shops and Establishments License procedure:............................................................ 8
8.4 Police eating house license:......................................................................................... 9
8.5 Local Municipal Authority License ............................................................................ 9
8.6 FSSAI License........................................................................................................... 10
8.7 Fire Safety Certificate ............................................................................................... 11
8.8 GST Registration ....................................................................................................... 11
8.9 Music License ........................................................................................................... 12
8.10 Signage License ..................................................................................................... 12
9 List of Contracts to be entered into by the company to make the company operational . 12
10 Drafts of Contracts ........................................................................................................... 12
10.1 Contract for Leasing property................................................................................ 12
10.2 Event Contract ....................................................................................................... 14
10.3 BAND PERFORMANCE CONTRACT ............................................................... 15
10.4 Contract between The Oven Fresh and Dine well Delivery agent ........................ 17
10.5 Contract between The OvenFresh and LALITTYA by Shivani Ayush ................ 18
The OvenFresh- Bar And Restaurant

1 Specific business activity(ies) of the company and proposed location of


the company

We are establishing a Resto-bar in Puducherry area of Muthialpet, Kottakuppam, Puducherry,


Tamil Nadu 605104. The Big Street, in Muthialpet is near to the airport, has a sea view and
has less competition and substitutes. It is significantly away from residential area, education
centre and highways.

Business activities include any activity engaged in the primary purpose of making a profit.
Business activities includes operating, investing and financing activities and are ongoing and
focused on creating value for stakeholders.
Operating activities :
Purchasing raw material like fruits, vegetables, mayo, cheese etc
Promotional and marketing campaigns
Delivery to nearby places (within 5km area radius)

Investing activities
Interior designing
Purchasing furniture
Purchasing high end kitchen equipment like refrigerators, food processors, Ovens, Deli
slicers etc
Purchasing delivery bikes

Financing activities
Salaries of house cleaning staff
Salaries of hospitality staff like waiters, manager etc
Salaries of chefs
Salaries of delivery partners
Paying rent (5000sq feet)
Licence fees

2 Proposed Investments
As our business is a partnership of four members, all four proposed to invest equally into the
business without taking any debt. Part of our life savings will be invested in the business and
all the earnings are to be kept in a joint account.
Investments include (in Lakhs of Rs.):
i. Rent of the premises 6
ii. Kitchen equipment: 7
iii. Raw material: 2
iv. Liquor stock: 12
v. Crockery: 3.5
vi. Bar unit: 3.5
vii. Equipment for music: 1.5
viii. Licensing: 10
ix. Design, Interior and furniture: 16
x. Uniform: 0.75
xi. Menu booklet: 0.15
xii. Pamphlets/cards/printed marketing material: 0.75
xiii. Display boards: 0.5
xiv. Others: 1.5

Total Investments: Rs. 67.65 Lakhs

3 Proposed number of Employees


20-25 which will include Head chefs, junior chefs and other employees as follows-
Executive Chef 1
Chef De Partie (Line Chef) 2
Other Chefs 3
Helpers 4
Dishwashers 3
Bartender 2
Restaurant Manager 1
Cashier/ Store Keeper 2
Captain 1
Stewards/Waiter 8
Guard 1

Total Salary estimate: 6,00,000

4 List of specific actions required-


• Setting up of the Limited Liability Partnership
• To Decide the Location of The Restaurant and Bar
• Lease of the premises
• Choosing and purchasing of the Right Kitchen Equipment and Raw Material
• Getting the licenses and registrations required
• Recruitment and employing staff
• Drawing up contracts required
5 List of Specific actions required to make the company operational
• Leasing land
• Setting up of the Resto-bar
• Acquiring licenses
• Buy equipment and furniture
• Hiring of employees and staff
• Contracts with suppliers
• Marketing and advertisements

6 List of Acts, Rules, and Regulations that the company needs to comply
with to be fully legally compliant-
• Puducherry Shops and Establishments Act 1964
• Puducherry Municipalities’ Ac, 1973
• Puducherry Public Health Act
• Puducherry Excise Act, 1970
• Food Safety and Standards Act
• Legal Metrology Act, 2009
• GST Act
• Hospitality Laws:
• Establishment and Commissioning of Hotels
• The operation, management, and maintenance of Hotel Industry
• Taxation, Employment, and Contracts in Hotel Industry
• Indian Labour Law:
• Employees Provident Fund and Miscellaneous Provisions Act
• Employees State Insurance Act
• Copyrights Act
• Trademarks Act
• Income Tax Act
• Egg Products Inspection act

7 List of Licenses, registrations and certificates required-

• LLP registration
• Liquor License
• Shop Establishment License
• Police Eating House License
• Local Municipal Authority License
• FSSAI License
• Fire Safety Certificate
• GST Registration
• Music License
• Certificate of Environmental Clearance
• License from the Fire Department.
• Signage License
• Registration of Resto-bar in partnership

Total cost: 10 lakhs

8 Specific Procedures for registrations and licenses-


8.1 Registration as LLP

Form name Form purpose

RUN – LLP (Reserve Unique Name- Form for reserving a name for the LLP
Limited Liability Partnership

*FiLLiP Form for incorporation of LLP

Form 5 Notice for change of name

Form 17 Application and statement for the conversion of a firm


into LLP

Form 18 Application and Statement for conversion of a private


company/unlisted public company into LLP

Step 1: Digital Signature Certificate (DSC)


Before initiating the process of registration, you must apply for the digital signature of the
designated partners of the proposed LLP. This is because all the documents for LLP are filed
online and are required to be digitally signed.

Step 2: Director Identification Number (DIN)


You have to apply for the DIN of all the designated partners or those intending to be
designated partner of the proposed LLP.
The application for allotment of DIN has to be made in Form DIR-3. You have to attach the
scanned copy of documents (usually Aadhaar and PAN) to the form. The form shall be signed
by a Company Secretary in full- time employment of the company or by the Managing
Director/Director/CEO/CFO of the existing company in which the applicant shall be
appointed as a director.

Step 3: Reservation of Name


LLP-RUN(Limited Liability Partnership-Reserve Unique Name) is filed for the reservation of
name of proposed LLP which shall be processed by the Central Registration Centre under
Non-STP. But before quoting the name in the form, it is recommended that you use the free
name search facility on MCA portal. The system will provide the list of closely resembling
names of existing companies/LLPs based on the search criteria filled up.
This will help you in choosing names not similar to already existing names. The registrar will
approve the name only if the name is not undesirable in the opinion of the Central
Government and does not resemble any existing partnership firm or an LLP or a body
corporate or a trademark. The form RUN-LLP has to be accompanied with fees as per
Annexure ‘A’ which may be either approved/rejected by the registrar. A re-submission of the
form shall be allowed to be made within 15 days for rectifying the defects. There is a
provision to provide for 2 proposed names of the LLP.

Step 4: Incorporation of LLP


The form used for incorporation is FiLLiP(Form for incorporation of Limited Liability
Partnership) which shall be filed with the Registrar who has a jurisdiction over the state in
which the registered office of the LLP is situated. The form will be an integrated form.
Fees as per Annexure ‘A’ shall be paid.
This form also provides for applying for allotment of DPIN, if an individual who is to be
appointed as a designated partner does not have a DPIN or DIN.
The application for allotment shall be allowed to be made by two individuals only.
The application for reservation may be made through FiLLiP too.
If the name that is applied for is approved, then this approved and reserved name shall be
filled as the proposed name of the LLP

Step 5: File Limited Liability Partnership Agreement


LLP agreement governs the mutual rights and duties amongst the partners and also between
the LLP and its partners.
LLP agreement must be filed in form 3 online on MCA Portal
Form 3 for LLP agreement has to be filed within 30 days of the date of incorporation.
The LLP Agreement has to be printed on Stamp Paper. The value of Stamp Paper is different
for every state.
8.2 Liquor License:
Lifetime permit for Rs2000
Documents Required To Apply For Liquor License
i. Application in prescribed form duly signed by M.D./Authorized Director/Authorized
Working Partner/ President or Secretary of the Society.
ii. Identity proof and Address Proof of applicant
iii. Premises Address Proof
iv. NOC from the fire department
v. NOC from the municipal corporation
vi. List of Directors in case of a company
vii. Photograph of an authorized person
viii. An affidavit stating the details of the company/firm with sale figure all over
India and Ex-distillery price(EDP)
ix. Product declaration of the brands applied
x. ENA Certificate – neutral alcohol (double distilled) / Extra neutral alcohol
xi. An Affidavit regarding the genuineness of foreign TMC
xii. Copies of Excise Verification Certificate for sale verification
xiii. Sale Verification Report
xiv. Certificate of sale figure & EDP from Excise Authority
xv. License copy of Distillery/Brewery/ Bottling Plant from where the brand is
being manufactured/bottled
xvi. Power of Attorney duly signed by authorized Director/MD/Appointment of
Attorney by the applicant
xvii. Copy of Latest IT Return/ Copy of PAN Card/Copy of latest IT Assessment
order/Copy of Income Tax
xviii. Clearance Certificate
xix. No Dues Certificate from Delhi Excise Department
xx. No Dues Certificate from the VAT Department
xxi. CA Certificate regarding Sale & EDP of the brands
xxii. Chemical Analysis Report of the brand applied from the Govt. Authorized
Lab./other reputed Pvt. Institution
xxiii. Personal Bond with Surety of Rs 5 Lacs
How to get Liquor License:
i. We can get the license from the local excise commissioner
ii. Need to deposit an initial security deposit of Rs 10 lakh and Rs 5 lakh for the license.
iii. Other than that the registered company, liquor companies, and partner firms should
have a bank deposit of Rs 25 lakh.

8.3 Shops and Establishments License procedure:

As a business owner of a shop or establishment, you are compulsorily required to get the
same registered under the Shops and Establishment Act. Here are the specific rules:

1. Submit an application in the prescribed form to the Inspector of the area within 30
days of starting any work in your shop/establishment. The application is to be submitted
along with the prescribed fees and should contain the following information:

a) Your name as the employer and the name of a manager, if any;


b) The postal address of your establishment;
c) The name of your establishment;
d) Such other particulars as may be prescribed.

2. Upon receiving the application for registration and the fees, the Inspector shall verify
the accuracy and correctness of the application. Once suitably satisfied, he shall enter the
details in the Register of Establishments and issue a registration certificate of your
establishment to you. This certificate will be valid for 5 years and has to be renewed
thereafter.

3. Remember, the registration certificate has to be prominently displayed at your


establishment.

The Shops and Establishments Act regulates conditions of work, lists rights of
employees in the unorganised sector and provides a list of obligations for every
employer. It applies nationwide to shops, commercial establishments, hotels, restaurants,
eating houses, theatres and other places of public amusement or entertainments. Every
shop and establishment is required to register itself under the Act within 30 days of
commencement of work, whether or not it has employees.

Documents required for Registration:

Details of Employer/Manager

Memorandum and Articles of Association/Trust deed/Partnership Deed


Lease Rent Agreement /Premises purchase Agreement

List of Directors/Managers/ Partners

Bank Account Number details

First Income Tax Assessment order/PAN

BMC declaration

Date of commencement of business

8.4 Police eating house license:


a) The Eating House License is issued to a place where different kinds of food and
drinks are served for consumption of the general public. It will be issued by Licensing
Police Commissioner of Puducherry.
b) Documents Required To Apply For Eating House License
i. Documents to prove the legal occupancy of the place of Eating House and in
the case of tenancy, NOC from the landlord
ii. Site Plan containing details of the size of Eating House
iii. Photographs of the place showing its usage as an Eating House
iv. Photocopy of Valid NDMC/MCD/DCB/Airport Authority of India trade
license and free receipt.
v. Residence proof of the applicant
vi. An affidavit on the stamp paper of Rs 10 duly attested by Notary Public
vii. Fire NOC, if the seating capacity of the eating house is 50 or more
viii. Undertaken with regard to amusement activities
ix. Undertaking regarding the installations of CCTV Cameras with 30 days
recording facility
How to get the license:
i. Online submission of the forms and uploading of the required form on the
website
ii. It will cost Rs 300 for three years

8.5 Local Municipal Authority License


The 11th schedule of the Municipal Corporation Act (1957) is about Health Trade
License. This license is generated by the local civil authorities like the State’s Municipal
Corporation (Puducherry municipalities Act, 1973)
Documents Required To Apply For Health/Trade License
i. Sanction and Completion (Includes Ownership Proof, rent Agreement or NOC from
Landlord)
ii. Three Copies Of The Site Plan And Layout
iii. Indemnity Bond Of INR 100
iv. Structural Stability Certification Signed By Structural Engineer
v. Power And Water Paid Bill
vi. Sewer Connection Proof
vii. Water Testing Reports
viii. Plan Of The Premises
ix. Medical Certificates Of The Employees
x. Proof Of Property Tax
How to get the health/trade license:
i. Download and submission of filled form from Puducherry Municipal Corporation
website
ii. The license is generally issued within 60 days of submitting the application form.
iii. It will cost approximately Rs 4500 as per the scale of the Restro-bar.

8.6 FSSAI License


Authority- The Food Safety and Standards Authority Of India under FSSA Act 2009
The license serves as the approval by the authority to run a food business.

Documents Required To Apply For FSSAI License:


i. Proof of expected annual turnover (self-attested)
ii. List of directors with full address and contact details
iii. Food safety management plan or certification (if any) declaration form
iv. Photo id and address proof issued by government authority
v. Analysis report (chemical and bacteriological) of the water to be used for cooking
from a recognized (ISI approved) laboratory
vi. No objection certificate (NOC) from the owner or the partner
vii. Medical certificates of employees
How To Get:
i. Register on FSSAI website
ii. Fee: Rs.7500 per year
iii. Submit with documents within 15 days
Renewal application prior to 120 days of expiration
8.7 Fire Safety Certificate
To assure your customers that your restaurant is safe from the fire hazard, a No Objection
Certificate(NOC) from the fire department is required
How to get:
i. Register for NOC from the Puducherry Fire Department before the building
construction starts.
ii. We have to invite the Chief Fire Officer for inspection and get the NOC.
iii. There is no fee required for NOC

8.8 GST Registration


Into force since 1st July 2017. Frequent changes want this segment to be focussed. This is
better times for restaurants and other food business to function because after 15th
November 2017, GST has made it more easy to open new restaurants or food joints and
just pay 5% with no hassles of ITC, that is, the extraction of input credit from vendors
Documents Required To Apply For GST Registration
i. Allotment and possession letter from Authority / Transfer Memorandum.
ii. Copy of Registered lease deed.
iii. Copy of Pan Card of Proprietor/ Partnership Firm.
iv. Copy of the Partnership Deed
v. Copy of Aadhar Card of Proprietor/ all partners
vi. One passport size-photo of proprietor/ all partner.
vii. Mail ID and Mobile No. To receive OTP & Verification links of all partners
viii. Latest Bank Statement containing Name, Address and IFSC Code of Branch
of Bank.
ix. List of Item to be traded ( if you want to sell stuff over the counter also)
x. List of Item to be traded/manufactured
xi. Digital Signatures of authorized partners
xii. Authority Letter in favour of dealing partner across India.

How to get: GST registration is free and can be easily applied for on the Government’s
office GST website.
8.9 Music License
We need license for the music to be played at the restaurant.
Under the Copyright Act of 1957, those who play pre-recorded music in any non-private,
commercial or non- commercial establishments must obtain a music license issued by
Phonographic Performance Limited(PPL).
It will cost us Rs7500 as per the scale of the Restro-bar

8.10 Signage License


This is crucial for marketing campaigns. To market the Restro-bar either through
word of mouth, logos, posters, pictures, and symbols, we are required to obtain a legal
permit which is the signage license.
We can obtain this license from local civil authorities i.e. Puducherry Municipal
Corporation.

9 List of Contracts to be entered into by the company to make the


company operational
• Premises Lease Contract
• Employment Contract
• Liquor License Contract
• Food Supplier Contract
• Equipment Contract
• Interior Designer Contract
• Cleaning Services Contract
• Gardening Contract
• Contract for marketing (including social media marketing, website)
• Contracts with food delivery agencies/apps
• Contracts with customers.

10 Drafts of Contracts
10.1 Contract for Leasing property
THIS LEASE is executed at Puducherry on this day of [Month], [Year]
by and between Mr. [Name of the Owner], resident of [Address of the Owner] (the lessor)
AND
[Name of one of the Partner], having permanent address at [Complete permanent
Address of the Tenant] and having [Passport Number] issued from India on [Date of issuance
of Passport] (the lessee)

WHEREAS the Lessor has agreed to lease out to the Lessee the Plot no. 5, The Big Street, in
Muthialpet near airport, Kottakuppam, Puducherry, Tamil Nadu 605104, for commercial
purposes only, on the following terms and condition:
Property
The lessee agrees to lease out the 5000 square feet of property located at The Big Street, in
Muthialpet near airport, Kottakuppam, Puducherry, Tamil Nadu 605104.
Duration
This lease agreement will be valid from 28th Feb 2019 to 27th Feb 2024.
Purpose of the lease
The property shall be utilized for commercial purpose of a restaurant and bar.
Rent
The lessee will pay a sum of Rs 6,00,000 at the end of every three months on the last day of
the month.
Additional Charges
The property tax shall be paid by the lessor and the Water and electricity charges will be
borne by the lessee.
Deposit
A sum of Rs. 6,00,000 will be paid by the lessee at the start of this lease period. (This is in
addition to the first three months’ rent fee). This deposit will be refunded at the end of the
agreement period.
Improvements and decoration
Any improvements or decorations must be approved by the lessor.

Any violations in the agreement will be subjected to the Indian Contract Act and jurisdiction
under the Madras High Court.

Signature of the Lessor Signature of the Lessee

Date: Place:
10.2 Event Contract

To book The Oven Fresh for an event/ party, kindly read the following contract carefully and
sign it for your agreement to our terms and conditions-

1. Booking Procedure:
The booking of a date will be valid until 4 days. An advance payment of 30% has to
be made before the end of the 4-day period, after which The Oven Fresh reserves the
right to cancel the booking and free the date for another booking. The booking has to
be done in person after reading and signing this contract. The booking has to be done
at least 4 days prior to the date of event. No immediate requests will be entertained.
The advance payment should be done in cash only. Failure to any of the above
conditions will lead to no booking.

2. Cancellation policy:
The Oven Fresh can cancel the booking under any of the following circumstances:
a. Any kind of misbehaviour by the party booking the venue
b. Any sudden incident hindering the services to be given by The Oven Fresh
c. If the party booking is found to bribe any of our staff

In case of cancellation from The Oven Fresh, The Oven Fresh will refund complete
advance payment to the booking party within 3 working days.

If the booking party has to cancel the booking, following has to be followed:
a. Cancellation should be intimated to the Oven Fresh before 4 working days of the
booked date
b. Cancellation should be clearly communicated in person
Failure to any of the above requirements, refund will not be given.
3. Guests policy:
a. The minimum number of guests required for an event booking is 50. The prices of
booking will not be applicable below this number.
b. Any increase in number of guests should be intimated at least 2 days prior to the
date of event. Failure to which, The Oven Fresh will not be liable to serve the
extra guests or arrange anything for them under the booking quotes and
conditions.

4. Pricing:
The prices decided at the time of booking and as mentioned in this contract will be
final and non-negotiable once the booking party signs the contract. It will be
applicable for the mentioned number of guests and the mentioned event date. The
prices may vary if-
a. a request is made by the booking party to shift the event date
b. change in number of guests on the day of the event
5. Food and Beverage:
Only food and beverage served at The Oven Fresh is allowed to be consumed in the
premises. Outer consumables are not allowed in the premises. Full menu details are
required at least 4 days prior to the event date.

6. Damage to property or premises:


Any damage caused to the property or premises shall be charged to the booking party
and appropriate legal action can be taken against the booking party in case of any
misconduct.
Number of guests:
Date of Event:
Final Price per guest:

Seal- The Oven Fresh Sign-


Customer
Date: Date:
Puducherry Puducherry

10.3 BAND PERFORMANCE CONTRACT

This contract (the "Agreement") is made on this day of __________,____,between


[OPERATOR] (the "Operator") and [_____________________](the "Band") for the hiring of
Band as independent contractors to perform (the "Show") for Operator at
_____________________(the "Venue"), located at the address [ADDRESS OF VENUE].

It is agreed as follows:

1. Place, date, and time of Show. The parties agree that the time and place of Show will be
Venue, located at the address [ADDRESS OF VENUE], on the [DAY] day of [MONTH,
YEAR,] at 9 pm.

2. Description of Show. Show will be a musical performance with musical content decided
by Band. Show will last of a minimum of ____ minutes.

3. Payment. Compensation for the Show will be __________ rupees, payable by


______________payable by cheque or cash prior to every show.

4. Cancellation. If full payment is not made by the time immediately prior to Band's Show,
Show may be cancelled by Band, and Operator may not seek any damages. If the Band
cancels the show without giving notice one week prior to the show, then the band has to pay
the operator the amount of the show as damages. No damages shall be paid if the band serves
the notice one week prior to the performance day.

7. Food and Drink. Operator will provide Band with meals, and 30 bottles of water.

8. Parking. Operator will secure sufficient parking for Band's large cargo van within a
reasonably convenient distance to Venue for a minimum period of 2 hours prior to the show
and lasting until 1 hour after the show.

9. Sound Systems Check. A sound check conducted by Band of Venue's sound system is
required, at a time to be mutually arranged between Band and Operator.

11. Indemnification. Operator indemnifies and holds Band harmless for any claims of
property damage or bodily injury caused by Show attendees.

12. Disputes. All claims or disputes by either party from or under this Agreement will be
restricted to the jurisdiction of Puducherry court.

The below-signed Band Representative warrants s/he has authority to enforceable sign this
agreement for Band in its entirety. The below signed Operator's Representative warrants s/he
has authority to bind Operator and Venue (above).

Signature of Band Representative: ____________________

Band's Representative typed name and title:


________________________________________

Band's typed name: ___________________________________________________________

Operator's Representative Signature: __________________

Operator's Representative typed name and title:


_____________________________________
10.4 Contract between The Oven Fresh and Dine well Delivery agent

This agreement is between The OvenFresh, a resto-bar in Puducherry, India and Dine Well
PVT LTD a home delivery agent in Puducherry hereafter referred to as DW.
DW will deliver food from The OvenFresh to neighbourhood residences, business houses,
commercial complexes, or any other place in the radius of 45 km from The Oven Fresh,
Puducherry, India in the business hours of the resto-bar which are 9 AM – 12 PM and 7 PM –
12AM, on all the days of the week.
The OvenFresh shall determine which items will be available for delivery and pricing of said
items. It shall, to the best of its ability, provide well packaged and labelled meals in a timely
fashion.
Drivers of DW will pick up food from The OvenFresh, deliver to customer, and will collect
the price mentioned on the bill provided to them from the resto-bar. They will not charge any
delivery charge to the customers.
Each driver will take at most 2 orders at a time provided both the orders are to be delivered in
a radius of 5 km. In other cases, one order will be delivered by one driver.
The drivers should be registered with DW with proper documentation of their identities
which shall be accessible by The Oven Fresh at any point of time.
The payment terms are as follows :
1. A fixed amount of ₹20,000 per month to be paid on 1st of every month to DW
2. 2% of every successful delivery to be paid on 1st of every month to DW
The salaries of the drivers and fuel cost of their vehicles will be borne by DW.
In case the delivery of food takes more than 1 hour (except for in cases where there is an
act of God), 2% of the bill amount will not be paid to DW.
DW shall have the right to use The OvenFresh’s name and logo in DW advertising purposes
only.
This agreement is valid for a period of 1 year starting from 15th March, 2019.
Any changes to be made in the agreement will require a notice of 30 days.

All disputes shall be resolved under the jurisdiction of Puducherry, India only.

(Sign - The OvenFresh) (Sign – Dine Well)


Date : 12th March 2019 Date : 12th March 2019
Puducherry Puducherry
10.5 Contract between The OvenFresh and LALITTYA by Shivani Ayush

This agreement is between The OvenFresh, a resto-bar in Puducherry, and LALITTYA by


Shivani Ayush, an Interior Design firm based in Gurugram and Chandigarh but works in pan-
India and abroad, hereby referred to as LSA.
LSA will be responsible for the entire Interior design of The OvenFresh’s resto-bar. They have
been chosen due to their expertise in minimalistic-modular designs.
As the service providers, LSA has to provide The OvenFresh documentations prior to the work
commencing on the project.
The services provided by LSA are mentioned below categorised as different stages of the
project:
1. Initial Design Stage:
- Preliminary site plans
- Interior plans and wall sections
- Blueprints

2. Design Development stage:


- Refining of the designs
- Inculcating suggestions by The OvenFresh
- Obtaining permits
- Providing samples to choose from

3. Sourcing and Resource Acquiring:


- Furniture
- Fabrics
- Appliances
- Sanitaryware
- Cutlery
- Accessories like artworks, mirrors, etc.
- Finishes for wall, floor, ceilings, etc.
- Arrangement of the supply

4. Development of the project:


- Interior designing and fittings of kitchen, cupboards, storage, restrooms, bar, dining
area, music and dance area, entrance, backyard, terrace, etc.
Payments
LSA and The OvenFresh have agreed upon an amount equal to Eighty Lakh Rupees (₹ 80
Lakhs), to be paid by The OvenFresh over the course of the project on a Half Yearly basis. The
amount is inclusive of the tax and interest.
Duration of the Project
LSA has agreed to complete the project in two years starting from 1st March, 2019 to mid-
2021.
The duration of the project may change due to any major situation (as discussed) occurring to
LSA or The OvenFresh, or due to act of God.
Suspension/ Termination
The OvenFresh may at any time instruct to suspend/ terminate the project. Fees will be paid to
LSA for the work done and an extra 7% administration fee. LSA may suspend/ terminate the
project on the condition that LSA informs The OvenFresh three months prior to the suspension/
termination and either will be paid for the work done minus 15% compensation for leaving the
work in between, or to find another interior design partner upon similar terms.
Failure of Materials Etc.
LSA shall not be responsible for any material, component, system or workmanship failing to
perform according to the claims of the manufacturers, suppliers, contractors or sub-contractors.
Prevention of Performance
Should either The OvenFresh or LSA be prevented by a cause beyond their control from
performing their obligations in terms of this agreement, it may be terminated without prejudice
to the accrued rights of either party against each other.
Copyright, Ownership and Use of Documents
The project documents prepared by LSA are copyright and remain his/her intellectual property.
The OvenFresh has the right of use of the documents for the sole purpose of this agreement.
The OvenFresh and LALITTYA by Shivani Ayush accept all terms and conditions of the
contract.

(The OvenFresh) (LALITTYA by Shivani)


Ayush)
Signature: Signature:
Date:
Place: Puducherry

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