Terms & Conditions Dealership

Terms & Conditions for appointing dealers across the country for sales & supply of Songara products.

Terms & Conditions: Introduction Songara All Ayurvedic Private Limited (Songara) is a Private Limited Company engaged in trading, selling and distribution of Ayurvedic products.

1. Eligibility
2. Individuals, firms, partnership firms & corporate bodies
3. A prominently visible space of at- least 200 square feet for the store.
   2. Experience

Dealers should have at least 1 year experience preferably in consumer product or any other trade.

The freshers can also apply for the dealership however the dealership will be
awarded to them for a period of 1 year based on their financial strength market capture capability etc. The period of dealership will be extended by another 2 years based on their performance.

3. Financial Credibility:

Dealer should have a strong financial position. List of property like own godown/ shop/ house etc with address to be submitted to Songara.
4. Storage Facility & Display Room:

Dealer should have adequate storage facility with display space. In case of hired
warehouse, details to be submitted to Songara.
5. Tax:- Dealer should possess the valid tax number GST. In case of individual PAN is required.
6. PAN number with a copy of latest IT return.

7. Copy of latest audited balance sheet and profit and loss account of company/firm is to be submitted if it’s a firm and not individual.

General Terms & Conditions

8. Appointment:- Any organization/individual desirous of becoming a dealer of
   SONGARA must apply in prescribed form “Application for SONGARA dealership” to the office. The concerned manager after scrutinizing the form may accept or reject the dealership to the party. SONGARA has the right to reject the appointment without assigning any reason thereof. Dealer has to accept all the terms & conditions of the dealership agreement without any qualification. On appointment of dealer, certificate of SONGARA dealership will be issued to the agency. The dealership certificate must be prominently exhibited at each sale point of the dealer.

Validity & Renewal:- Initial validity of appointment is for three years, from the date of signing the agreement and for the freshers the dealership will be awarded to them for a period of 1 year based on their financial strength market capture capability etc,. the period of dealership will be extended by another 2 years based on their performance.

9. Renewal of dealership will be purely dependent upon the performance of
   dealer. SONGARA has the right to renew the dealer ship or reject the renewal. Renewal of dealership will be in writing by SONGARA.
   10. Area of Operation :- SONGARA dealer will be bound to operate in the assigned district only. However SONGARA has the right to increase, reduce or modify the area of their operation.
10. Security Deposit:- If the dealership is awarded, every Dealer shall furnish a
    security deposit in cash/DD of Rs. 1,50,000/- out of which Rs. 75,000 will be non -refundable towards cost of training, promotion material and other initial stationeries. Remaining Rs. 75,000 will be kept for faithful, observance of terms & conditions. No interest would be payable on security deposit part B. The security deposit shall not be adjusted against the supplies made.
    12. Forfeiture of security deposit: In the event of breach of any terms or
    condition of Dealership agreement, SONGARA will forfeit the entire security deposit after giving a show cause notice in writing and thus the certificate of appointment and agreement made will be treated as cancelled.
    13. Procedure for Indenting of the goods:
11. a) Booking the Order: Dealer would give his/her indents along with firm
    purchase indent and full payments in advance. After evaluating the demand and availability of the product cost, SONGARA shall intimate the dealer the availability of the stocks and mutually agree for pre/postponing the
    delivery/lifting.
12. b) Advancement: Dealer may give indent for advance booking as per his
    However products will be allotted depending upon its availability. No advance booking discount will be paid.
13. Procedure for supply of products:

Products supplies will be made to the dealer from the nearest SONGARA office in the state from where the dealer will take delivery. However, for full Truck/mini truck loads, SONGARA would supply on F.O.R basis direct to the
destination in the area of operation indicated by the dealer provided the precise
destination particulars are intimated to SONGARA at least 15 days before the time of requirement or the date of dispatch of the stock from SONGARA so that superfluous movement is reduced/avoided. The dealer shall begin to lift the stocks within ten days of placement of products in the concerned SONGARA’s premises and complete the lifting within a period of one month unless/otherwise mutually agreed to for such extension. The supply of products will be based on its availability and the dealer is bound to sell the products as per declared sale price of products by SONGARA.

15. Payment Mode:

No credit facility is allowed by the company. Payment would be through the
following mode:

RTGS/ NEFT / Demand Draft after realization in SONGARA’s account.
16. Quality:

The dealer shall be bound to sell the products in SONGARA’s product
intact, original unopened container/ packing with tag, label & seal on. Under no
circumstances the marking, seal or packing shall be altered, broken/tampered with or damaged before or while selling the SONGARA products.
The dealer shall arrange safe storage and handling of SONGARA in such a
manner as to ensure that it is well protected against deterioration. In the event of
decline in products quality below the prescribed standards, the dealer shall
immediately stop the sale of such products.

17. The dealer has to attend quality related complaints within his area of
    jurisdiction or operation only along with SONGARA representative or approval.
18. SONGARA’s officer and Govt. dept. officers are authorized to draw samples for inspective of the stock available with the dealer.
    19. Product once sold to the Dealer shall not be taken back by SONGARA.
    20. Termination of Agreement: Either party may terminate the contract by giving 30 days notice to the other party. On expiry of the notice, the agreement shall stand cancelled and revoked; but without, prejudice to the rights of either party against the other in respect of any matter or thing in existence prior to such cancellation/revocation. SONGARA, however reserve the right to terminate immediately the dealership without giving any notice as above in the event of contravention of any of the terms and conditions and 100% of the security deposit shall be forfeited.

The agreement shall be terminated if:-

1. a) The dealer or any member of the Dealer’s firm is adjudicated insolvent or
   effect composition with his creditors;
2. b) The proprietor/partner of the individual concern/firm dies or partner of a
   partnership concern change or a partnership is dissolved;
   c) The period of the contract expires, unless it is renewed; and
   d) In the event of termination of the contract for any reason, the dealer shall settle all the accounts of recoverable statements sent by SONGARA, within 30 days of receipt of the statement.
3. e) In the event, dealer fails to achieve the target, and after review of performanceof the Dealer and if found unsatisfactory the entire security deposit will be forfeited.

Dealer will have no right to challenge termination of Dealership made by the
corporation as its own without assigning any reason.

32. Promotion: SONGARA may from time to time supply to the dealer and his sub dealers publicity material, hoarding, posters , signboard etc as deemed fit or necessary but shall be under no obligation to do so. Dealer has to participate in the advertisement and the sales promotion work undertaken by SONGARA. The promotion and advertisement material can be supplied by The Company only to The Dealership Applicant to display the same at sales depot and for distribution in the CITY or district, other locations, social media, air, online or nay other platform. No advertisement, promotion can be done, run or broadcasted by the Dealership Applicant without approval of the Company. If Dealership Applicant uses any website or any external brochure, pamphlet, or any type advertisement against The Drugs and Cosmetics Act, 1940 Rules 161 Act, or And Any problem, legal issue arises related to Intellectual property rights or any type of claim, due to the breach of this clause, it will be the responsibility of the Dealership Applicant and they will be liable to solve the matter and compensate to the Company if any expenditure involved by the company in handling such issues.
33. Arbitration: Any or all dispute arising out of or under the dealership
    agreement and/or regarding the execution, implementation, or interpretation of this agreement or any provision there of shall be referred to sole arbitrator to be appointment by Director of SONGARA. Such Arbitration shall be held in the city of Ahmedabad and the proceedings shall be conducted in English/Hindi Language.
    23. Jurisdiction – All the disputes /difference or claims arising out of Dealership Agreement shall have Ahmedabad as its Jurisdiction.
34. Force Majeure – Any default or supply of product by SONGARA shall not give rise to any claim for damages against SONGARA , if and to the extent caused by force majeure or matters beyond the reasonable control of SONGARA including but not limited to causes of acts of GOD , acts of Government Authority, strike or other concerned acts of workmen ,riots ,floods ,explosion, breakdown of plant ,extraordinary severe weather conditions ,civil commotions etc.
    Other Terms & Conditions
35. Dealer shall furnish to SONGARA the precise addresses of his sub-dealers through whom SONGARA products bought by him will be sold at the retail level. The Dealer shall also intimate additions, changes, modifications in the list to SONGARA from time to time. However, the dealer will be solely responsible for the obligation arising out of all acts of his sub-dealers.
36. The Dealer shall neither sell any product from any other source in
    SONGARA’s name nor shall sell SONGARA products in any other name
37. SONGARA shall not be responsible for any damage to the appliance after delivery to the Dealer on account of inclement weather, poor management, bad storage, defective transit / handling etc. on the part of Dealer
38. The Dealer is free to sell / supply the products to any buyer like PSU, Govt., Other Institutes and Single user etc.
39. The Dealer is not entitled to deal any other product/ brand which are in
    SONGARA product line and interest areas .
40. SONGARA reserves right to amend / modify or change any terms and conditions of Dealership agreement by giving due notice to the dealer.
41. Exiting SONGARA dealers should also apply against this advertisement for
    appointment of fresh dealership.
42. How to apply:

Interested persons/ company/ etc may download the application form from website www.allayurved.com and fill the form after reading carefully the terms & conditions.
For any clarification please contact Mr. Arun Singh, Head Office, Ahmedabad. Mobile No- +91 8200656802, Phone no. or E-mail songaraallayurvedic@gmail.com