RENTAL AGREEMENT

 

This Rental Agreement (“Agreement”) is being executed at New Delhi on this ____ day of _____ 2017 by and between:

 

Little Bird India, a proprietorship concern, bearing Tax identification number 07987147082 and having its office situated at 172, Sukhdev Vihar, New Delhi-110025, India (hereinafter referred to as the “Company” which expression shall, be deemed to include its successors and permitted assigns) of the One Part;

 

AND

 

_____________________, S/D/W/o ________________ aged about ___ years having his PAN No. _________________, R/o _____________________________________________________________ (hereinafter referred to as the “Customer” which expression shall, unless repugnant to the context or meaning hereof be deemed to mean and include his/her heirs, legal representatives, successors and permitted assigns).

 

The Company and the Customer are hereinafter individually referred to as a “Party” and collectively referred to as the “Parties”.

 

The Parties do hereby agree as follows:

 

  1. Grant of Products on lease

 

  • Subject to the terms and conditions as set out herein, the Company does hereby grant the following Products to the Customer on lease (“Products”):

 

Name of Product Type of Product

(Furniture / Equipment / Package / Room)

   
   
   

 

  1. Delivery of the Products and Installation

 

  • The Company shall deliver the Products and install the same at the “Customer’s Location” which is set out as under:

 

_______________________________________

 

_______________________________________

 

 

  • The Company will deliver and install the Products at the Customer’s Location within a period of ____ days from the date of execution of this Agreement. At the time of delivery, the Customer shall inspect the Products and confirm the delivery as per the specifications agreed between the Parties. The Customer shall further confirm that the Products do not suffer from any defects at the time of delivery. In the event that there is any defect in the Products at the time of delivery, the same shall be replaced by the Company provided that the Customer informs the Company’s authorized representative of such defects immediately on the receipt of the Products. In the event that the Customer does not notify the Company of such defects, the Products shall be treated as being defect free at the time of delivery itself.

 

  1. Rental Period

 

  • The grant of the lease under this Agreement shall be valid for a period of _____ months / weeks from the date of execution of this Agreement. The Customer acknowledges that the obligations of the Customer and the Company commence from the date of execution of this Agreement irrespective of the date on which the Products are delivered to the Customer.

 

  1. Lock-In

 

  • Where:

 

  • the Customer opts for a “monthly package” for the Products, the Customer shall not be entitled to terminate this Agreement for a period of 3 months from the date of execution of this Agreement; or

 

  • the Customer opts for leasing of the “Rooms” model as specified on the Company’s website, the Customer shall not be entitled to terminate this Agreement for a period of 6 months from the date of execution of this Agreement

 

(hereinafter collectively referred to as the “Lock-In Period”)

 

  • In the event that the Customer terminates the Agreement or requires the Company to collect the Products from the Customer or returns the Products to the Company during the Lock-In Period, the Customer shall be liable to pay the Rental Charges for the duration of the Lock-In Period. Any such outstanding amounts shall be deducted by the Company from the Security Deposit prior to re-imbursement to the Customer.

 

  • Where the Customer opts for taking on lease the Products on a weekly basis, the restrictions under the Lock-In Period shall not apply to the Customer.

 

  • After expiry of the Lock-In Period (if applicable) the Customer can terminate this Agreement only prior to the expiry of the month (in case where the lease in on a monthly basis) or prior to the expiry of the week (in case the lease is on a weekly basis). In case the Customer does not terminate the Agreement prior to the expiry of the month / week (as the case may be), the Customer shall be required to pay the entire Lease Rental Charges for the subsequent month (in case the lease is on a monthly basis) or the entire subsequent week (in case the lease is on a weekly basis. Illustratively, in the event that the Customer has opted for a monthly package and the Customer is desirous of terminating the lease on the 3rd day of a particular month, the Customer shall be required to bear the Rental Charges for the entire month.

 

  1. Consideration

 

  • In consideration of the grant of the Products on a lease basis, the Customer agrees to pay to the Company a sum of Rs. _____________ (Rupees ____________________________________) only per month / per week (whichever is applicable) to the Company (“Rental Charges”). The Rental Charges shall be inclusive of all service tax, GST, VAT etc. as may be levied by any governmental authority including any Central Government, State Government or other similar municipal authorities.

 

  • The Rental Charges shall be paid by the Customer to the Company in advance on the 1st day of the commencement of the week / month to which it pertains in accordance with the payment systems as specified on the Company’s site. In the event of delay in the payment of the Rental Charges, the Customer shall be liable pay interest calculated at the rate of 2% per month on the amounts which remain outstanding. Any payments effected by the Customer shall be first adjusted towards interest accrued prior to adjustment towards the outstanding principal amount.

 

  1. Security Deposit

 

  • The Customer has in addition to the Rental Charges, paid a sum of Rs. _______________ (Rupees ___________________________________________________ Only) as an interest free refundable security deposit (“Security Deposit”) to the Company to secure his obligations to the Company.

 

  • On the expiry or earlier termination of this Agreement and after obtaining possession of the Products, the Company shall refund the Security Deposit, after deduction of any unpaid dues or other charges under this Agreement.

 

  • In the event of non-payment of the Rental Charges, the Company shall be entitled to deduct amounts from the Security Deposit. Such deduction shall be without prejudice to the right of the Company to reclaim possession of the leased Products in case of default in the payment of the Rental Charges in accordance with this Agreement for a continuous period of 2 months.

 

  1. Re-possession

 

  • Upon expiry of the Rental Period, the Company shall be entitled to reclaim possession of the Products. The Customer shall provide suitable access to the Customer on the expiry of the Rental Period, to enable the Company to uninstall the Products from the Customer Location and take possession of Products.

 

  • In the event of any damage to the Products, the Company shall be entitled appoint a surveyor to verify the extent of the damage and repair charges. The damage assessed by the surveyor appointed by the Company shall be treated as final and binding on the Company and the Customer. The Customer shall be liable to pay the charges as specified by the surveyor to re-imburse the Company for the damage caused to the Products whilst in the possession of the Customer.

 

  • All such charges for re-imbursement shall be first deducted from the Security Deposit. Any charges over and above the amounts deducted from the Security Deposit shall be paid by the Customer as and when demanded by the Company.

 

  1. Terms and Conditions

 

  • The relationship between the Parties shall be governed by this Agreement and the terms and conditions as mentioned in the Company’s Website. The Parties shall further be subject to the General Terms and Conditions which are annexed with this Agreement.

 

  • In the event of any conflict between the terms and conditions as specified herein and the terms as stated in the Company’s website, the provisions of this Agreement shall prevail.

 

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and date as first mentioned hereinabove.

 

 

SIGNED AND DELIVERED BY:

 

LITTLE BIRD INDIA

 

 

 

 

______________________

 

Name:

Designation:

 

 

SIGNED AND DELIVERED BY:

 

CUSTOMER

 

 

______________________

 

Name:

 

GENERAL TERMS AND CONDITIONS

 


  1. Title to Products

 

The Customer acknowledges that the Company shall continue to be the lawful owner of the Products and the title to the Products shall, at no point in time, pass to the Customer.

 

  1. Permitted Use

 

  • The Customer shall not be entitled to sell or sub-lease or grant on license the use of the Products to any third party. The Products shall be used only by the Customer for his personal use and use of his family members.

 

  • The Customer shall not remove the Products from the Customer Location without seeking prior written consent of the Company.

 

  1. Maintenance and Repair

 

  • The Customer shall maintain the Products with reasonable care and diligence. In the event that of any breakages or damage to the Products, the Customer shall inform the Company of the same and any repairs to the Products will be carried out by the Company at the Customer’s cost. The Customer shall not engage any repairs through a third party and all such requests shall be directed to the Company only.

 

  1. Force Majeure

 

  • The Company will not be obliged to carry out any obligation under this Agreement where performance of such obligation is prevented due to a Force Majeure Event.

 

  • For such purposes, a “Force Majeure Event” means any event or circumstance beyond the reasonable control of a party including but not limited to Acts of God, storm, earthquake, fire, flood, war, industrial action, vandalism, governmental action, failure or shortage of power or fuel supplies, the acts or omissions of third parties to the extent that the same are beyond the reasonable control of the relevant Party.

 

  1. Governing law and Jurisdiction

 

  • This Agreement shall be governed by and construed in accordance with the law of India.

 

  • Subject to Clause 6 below, each of the Parties irrevocably submits for all purposes in connection with this Agreement to the exclusive jurisdiction of the courts in New Delhi.

  1. Arbitration

 

  • In the event of any disputes, differences, controversies and questions directly or indirectly arising at any time hereafter between the Parties or their respective representatives or assigns under, out of, in connection with, or in relation to, this Agreement (or the subject matter of this Agreement), the same shall be referred to binding arbitration at the request of any Party, in writing, in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or alteration thereof for the time being in force. The arbitral tribunal shall comprise a sole arbitrator to be appointed by the Company and the award passed by the arbitrator shall be final and binding on the Parties. The seat and venue of the arbitration shall be New Delhi, India.

 

  1. Notice

 

Any notice or other communication under or in connection with this Agreement must be in writing, must be signed by the Party making the communication or (on its behalf) by the solicitor for, or by any attorney, director, secretary, or authorised  agent of, that Party and must be served at the address as stated in this Agreement or otherwise notified by one Party to the other Party.

 

  1. Severability

 

  • Each and every obligation under this Agreement shall be treated as a separate obligation and shall be severally enforceable as such. To the extent that any provision(s) of this Agreement are unenforceable or void, they shall be deemed to be deleted from this Agreement, and any such deletion shall not affect the enforceability of the remainder of this Agreement not so deleted, provided the fundamental terms of the Agreement are not altered. For avoidance of doubt, it is hereby clarified that each of the provisions, a breach of which is deemed to be a material breach of this Agreement, shall be considered to be a fundamental term of the Agreement.

  1. Waiver

 

No forbearance, failure, indulgence or relaxation of any Party at any time to require performance of any provision of this Agreement shall in any way affect, diminish or prejudice the right of such Party to require performance of the same provision at any future time or any other provisions at any time nor any waiver by any Party of any failure or breach of any provision of this Agreement shall be construed as a waiver of any continuing or succeeding breach of such provision, or a waiver or an amendment of the provision itself, or a waiver of any right under or arising out of this Agreement.

 

  1. Amendments

 

This Agreement may be amended only by an instrument in writing signed by duly authorised representatives of each Party to this Agreement.

 

 

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