Partner Agreement

Clexen Rentals Partner Agreement.

THIS AGREEMENT is effective on the date Supplier registers as a supplier on the Clexen Rentals website and is between Supplier and Clexen Rentals Private Limited which operates clexenrentals.com domain, a New Delhi registered corporation with its principal place of business at C-90, Awana Complex, 40 Ft. Road, Molarband Extension, Badarpur, Delhi, India-110044 ("Clexen Rentals").

WHEREAS, CLEXEN RENTALS PVT. LTD. operates an on-line aggreator clexenrentals.com (the "Website") (a) where the clexenrentals.com is engaged in the business of procuring Equipment(s) from the industrial equipments and construction vehicles manufacturers on lease and offer their inventory for sub-lease to potential end users Pan-India across several categories, and (b) where potential equipment renters or leasees [Customers] can request quotes for the rental or lease of equipment;

WHEREAS, Supplier desires to be listed on the Website as a supplier of its equipment for rent or lease and hearby desires of providing non-exclusive services to the clexenrentals.com, and is willing to provide the complete Product Line specified, at or below the Ceiling Prices set forth in the Contract Pricelist, to Customers, at locations specified by the clexenrentals.com in the states of India set forth herein;

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PREMISE AND COVENANTS MENTIONED HEREIN AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT, ADEQUACY AND SUFFICIENCY OF WHICH IS ACKNOWLEDGED BY THE PARTIES AND THE PARTIES HEREBY AGREE AS FOLLOWS:

1

Scope.

Aggregator hereby agrees to procure Equipment(s) on lease/hire from the Supplier and also provides various other services to the Partner and end users as provided herein ("Services"):

Supplier registration.

Upon execution of this Agreement, Annexure I: Equipment Rental Contract Documents, which is hereby expressly made part of this Contract as fully as if set forth herein shall be submitted by the Supplier to the Aggregator. From the Effective Date this Agreement shall have the effect of registration of the Supplier with the Aggregator on a non-exclusive basis for the Term of this Agreement. Nothing in this Agreement shall restrict the Aggregator to execute similar agreements or arrangements with other Suppliers for the provision of same or similar services to them.

Customer Leads and Order Fulfilment Process.

The Clexen Rentals shall provide the services of collecting commercial leads from the potential customers who seek to procure Equipment(s) on lease and providing the same to the Supplier herein as per the terms of this Agreement and the Order Fulfilment Process. The order fulfilment process for procurement of Equipment(s) by the Supplier shall be as follows ("Order Fulfilment Process"):

  1. Customer Query: The Customer shall submit a requirement with the Clexen Rentals ("Customer Query"), wherein the Customer shall provide in detail its requirement of the Equipment(s) for lease. The Customer Query once submitted by the Customer shall be valid and binding until the Customer revokes the same. Upon receipt of Customer Query by the Clexen Rentals, the Clexen Rentals shall forward the same to the Supplier after removing the personal details of the Customer and the details of the Project. The Supplier shall within 1 business day, either accept or reject the same. Supplier agrees that such referrals are not exclusive to Supplier, and may be shared with all Suppliers registered with the Clexen Rentals who have the Equipment(s) available with them.

  2. Supplier Offer: Upon acceptance of the Customer Query by Supplier within above prescribed time, the Supplier shall issue a form indicating such terms and conditions of lease as stipulated by the Supplier and shall be as per the prescribed format in Annexure - II ("Lease") to the Clexen Rentals, and the Clexen Rentals shall forward the same to the Customer. The Supplier Offer Form shall also provide a price quote for provision of Equipment(s) on lease or the lease rental ("Supplier Quote"). All Rental Prices included on a Supplier Quote shall be equal to or less than the Ceiling Price listed on the Contract Pricelist. The Supplier Offer Form once issued upon the Customer shall only be valid and binding upon the Customer for a period of twenty-four (24) hours.

  3. Work Order: Upon acceptance of the Supplier Offer Form by the Customer within twenty-four (24) hours of the receipt, the Clexen Rentals shall issue a work order ("Work Order") upon the Supplier containing such terms and conditions as accepted by the Customer for the lease of Equipment(s) to the Clexen Rentals with the permission to sublease the same to the Customer, and other conditions in consonance with the Supplier agreed terms as per the Supplier Offer Form. The Work Order shall contain the terms pertaining to delivery site location, delivery terms, consideration and payment terms, transportation of Equipment(s). The terms of sub-lease of Equipment(s) by Supplier to Customer shall be as prescribed by the terms contained in this Agreement.

Procurement of Equipment(s) on Lease.

Parties agree that upon acceptance of Supplier Offer Form by Customer and issuance of Work Order upon the Supplier, the Clexen Rentals shall procure the Equipment(s) from the Supplier on lease and shall sub-lease the same to the Customer on the terms as prescribed below:

  1. Conditions of Lease: The lease deed which shall be executed between the Supplier and the Clexen Rentals shall as per the format as prescribed in Annexure - II ("Lease") and shall be based upon following conditions:
    • Term: Agreed as per Order Fulfilment Process.
    • Security Deposit: The Clexen Rentals shall collect a refundable noninterest-bearing security deposit for the amount equivalent to [1] months rental of the Sub-Lease from the Customer to guarantee Customer’s full and faithful performance of all terms, conditions and provisions of the Sub-Lease. If Customer shall so perform, an equal sum shall be repaid without interest to Customer at the termination of the Sub-Lease.
    • Lease Rental & Payment terms: The lease rental shall be as agreed as per the Order Fulfilment Process and shall be paid by Clexen Rentals to Supplier on a monthly basis. Upon receipt of rental payment from a Customer, the Clexen Rentals shall pay to the Supplier the lease rental as agreed as per the Order Fulfilment Process, less the commission payable to the Clexen Rentals in an amount specified as per clause 3.2. Payments to Supplier will be made by Clexen Rentals within 14 days of receipt of the rental payment from the Customer.
    • Right to sub-lease: The Clexen Rentals shall be entitled to sub-lease the Equipment(s) only to the Customer(s) with respect to whom the Supplier issues a Supplier Offer Form i.e. upon Order Fulfilment with such Customer(s) and to no other third party.
    • Terms or restriction of use: Clexen Rentals shall be entitled to cover or remove all branding, tradenames and marks of the Supplier from the Equipment(s) and place its own tradename or banner as it deems fit and proper. Other terms of use shall be as agreed between parties in terms of Order Fulfilment Process.
    • Possession & Title of Equipment: The Supplier shall retain title to all Equipment(s) same shall never be in the name of Clexen Rentals nor shall the Clexen Rentals ever take possession of the Equipment(s).
    • Representations & Warranties: The Supplier shall duly give all representations and warranties with respect to the quality, proper functionality and title of the Equipment(s).
    • Maintenance: The Supplier shall be responsible for the periodic and scheduled servicing of the Equipment(s) at its own costs and expenses including the pick-up and drop facility for the Equipment(s) for the convenience of the Customers.
    • Damages: Clexen Rentals shall not be liable for any damages to the Equipment(s) solely attributable to the conduct of Customer or by reason of any other reason whatsoever.
    • Indemnity: Supplier shall indemnify, defend and hold harmless the Clexen Rentals of any claims, losses, costs, damages, statutory dues, raised by any third party against the Clexen Rentals, including reasonable attorney’s fee for defending such claims, incurred by any third party and arising out of the unlawful conduct or misrepresentation of the Supplier, or the breach of any of the Supplier obligations, roles and responsibilities, covenants, representations and warranties.
    • Termination: There shall be no lock-in period for the lease of Equipment(s) and Lease can be terminated at any time during the term by either party serving one (1) month’s notice to the other party in advance.
    • Jurisdiction, governing law & dispute resolution: Sub-Lease shall be governed by laws of India and court of New Delhi shall have exclusive jurisdiction. Any disputes/ differences arising out of or in connection with this agreement shall be settled amicably through mutual discussions within thirty (30) Business Days, and upon failure of same the dispute shall be referred to an independent arbitrator as per the Arbitration & Conciliation Act, 1996. Place of arbitration shall be New Delhi and shall be conducted in English language.
  2. Conditions of Sub-Lease. Upon execution of Lease the Clexen Rentals shall be entitled to sub-lease the Equipment(s) to the Customers based upon the format as prescribed in Annexure - III (“Sub-Lease”) which shall be based upon following Conditions:

    • Term: Agreed as per Order Fulfilment Process.
    • Security Deposit: Customer to submit a refundable noninterest-bearing security deposit for the amount equivalent to [1] months rental of the Sub-Lease.
    • Sub-Lease Rental & Payment terms: The sub-lease rental shall be as agreed between the parties and shall be paid by Customer to the Clexen Rentals on a monthly basis not later than the fifth (5th) day of the subsequent month.
    • Payment Security mechanism: Customer shall make full payment against the monthly sub-lease rent by the date as prescribed in payment terms, through irrevocable, revolving and self-replenishing letter of credit in favour of and for sole benefit of the Clexen Rentals. The letter of credit shall be made operational thirty (30) Business Days prior to the due date of payment and shall be maintained by Customer at all times during the term of the sub-lease.
    • Restriction on sub-lease: Customer shall not be entitled to sub-lease the Equipment(s).
    • Restriction of use: As per the terms of use agreed between parties.
    • Title of Equipment: The Supplier shall retain title to all Equipment(s) and the Parties agree that the title to any Equipment shall never be in the name of the Company nor shall the Company ever take possession of any Equipment.
    • Damages: Customer shall be liable to pay damages to the Clexen Rentals for unauthorised use, theft, malfunction/damage to, or theft of the Equipment(s), except for the reasons of any force majeure events as agreed mutually by parties in the sub-lease.
    • Jurisdiction, governing law & dispute resolution: Sub-Lease shall be governed by laws of India and court of New Delhi shall have exclusive jurisdiction. Any disputes/ differences arising out of or in connection with this agreement shall be settled amicably through mutual discussions within five (5) Business Days, and upon failure of same the dispute shall be referred to an independent arbitrator appointed by Clexen Rentals. Place of arbitration shall be New Delhi and shall be conducted as per the Arbitration & Conciliation Act, 1996, in English language.
    • [Other terms as agreed between the parties]
2

Roles and Resposibilities of Supplier.

Transportation & Delivery.

Upon Order Fulfilment as per this Agreement, the Supplier shall be responsible for transportation and delivery of the Equipment(s) to the place of delivery as agreed, at its own costs and expenses, which shall be paid by Customer along with the first [1st] month sub-lease rental.

Insurance

The Supplier shall be responsible of procuring all insurances pertaining to the Equipment(s) including the freight insurance for the delivery of the Equipment(s) from Supplier to the Customer designated premises as agreed. Supplier shall also procure and maintain all necessary vehicle and third-party insurances for the Equipment(s) during the entire term of the Lease. All costs and expenses for procuring and maintaining the insurance policies including the freight insurance shall be borne solely by the Supplier.

Maintenance of Equipment(s)

The Supplier shall be responsible for maintenance of the Equipment(s) and shall ensure its proper functioning throughout the term of the Lease. The Supplier shall also ensure that all the maintenance services as required by the manufacturer are duly undertaken as scheduled and the Supplier shall provide all assistance and support to the Customer for the same including the facility for pick-up and drop of the Equipment(s) at the premises of the Customer, throughout the term of Lease.

Licenses, Registration & Permits.

The Supplier shall procure and maintain all requisite licenses, vehicle or equipment registrations and permits for the Equipment(s) as per the Applicable Laws, throughout the term of the Lease, at its own costs and expenses.

3

Consideration, Clexen Rentals Commission & Payment Terms.

Consideration

Parties agree that at the execution of this Agreement the Clexen Rentals shall not charge any amount for registration of the Supplier with the Clexen Rentals and performance of the obligations of the Parties shall be sufficient consideration for provision of Services under this Agreement.

Clexen Rentals Commission on Order Fulfilment.

Upon successful completion of order fulfilment process as per clause 1.2 i.e. acceptance of Supplier Offer Form by Customer and issuance of Work Order by Clexen Rentals upon the Supplier, the Clexen Rentals shall be entitled to a commission for such order fulfilment and the Supplier Quote for the lease rental as agreed shall be inclusive of such commission payable to the Clexen Rentals (“Order Fulfilment Commission” or “Clexen Rentals Commission”), and the Clexen Rentals shall not be entitled to any other amount as commission upon Order Fulfilment. Clexen Rentals Commission rates shall be applicable as prescribed in Annexure - IV (Supplier Fee Schedule), plus GST.

Return/ Refund due to the fault of Supplier

In case of returns/ refunds occasioned due to any reason attributable to the Supplier, Clexen Rentals shall be entitled to deduct the logistics cost, delay penalties (if any) and payment gateway/ banking charges, on actuals, incurred by Clexen Rentals on such returns/ refunds from the payment to Supplier.

4

Representations & Warranties.

  1. The Supplier hereby represents, warrants and undertakes that:

    • It has due authority and capacity to execute this Agreement and there is no action under law which may restrain or prohibit it from undertaking obligations or providing the Services under this Agreement.
    • It has the valid experience and standing in the field of or in connection with the business of supplying Equipment(s).
    • The inventory of the Supplier and the Equipment(s) to be supplied in pursuance to this Agreement shall be in the sole ownership of the Supplier without any encumbrance, charge, third party right, court order, statutory dues, claims, charge of any financing entity or interference of any kind, and the Supplier shall not commit any act or omission which may prejudice its rights and title in the Equipment(s) in favour of any third party.
    • The Equipment(s) to be supplied by it shall be fully operational and free from defects in material or workmanship under normal use and service for the term of the Lease.
  2. The Clexen Rentals hereby represents, warrants and undertakes that:

    • It has due authority and capacity to execute this Agreement and there is no action under law which may restrain or prohibit it from undertaking obligations or providing the Services under this Agreement.
    • It has the required knowledge, skills, abilities and manpower to effectively perform the roles, responsibilities, obligations and provide the Services under this Agreement;
    • It has the valid experience and standing in the field of or in connection with the nature of Services to be provided by it under this Agreement; It shall effectively perform its obligations under this Agreement in compliance with the Applicable Laws.
5

Confidentiality & Intellectual Property.

  1. Each Party shall keep confidential and shall not, without the written consent of the other Party, divulge to any third party the Confidential Information, or any documents or other information furnished by the other Party in connection with this Agreement which is identified in writing at the time of such disclosure as being confidential or proprietary, irrespective of whether such information has been furnished prior to the making of this Agreement or at any time thereafter (including following termination of this Agreement).

  2. Each Party recognizes that the Confidential Information received from the other Party is valuable and confidential and its disclosure and dissemination in breach of the provisions of this Agreement may cause irreparable harm to the other Party. The Confidential Information shall be subject to the following rules:

    • The Parties shall use the Confidential Information exclusively for the performance of this Agreement and the use for other purposes, disclosure and/or reproduction thereof is expressly prohibited.
    • The Parties shall restrict access to the Confidential Information to those of its employees who reasonably need access thereto in order to perform their obligations under this Agreement. The Parties shall ensure that their employees handle the Confidential Information in the same way and to the same degree that the Parties are hereby bound to handle it. Consequently, the Parties agree that all those that participate, whether its own employees or third parties that may be involved in carrying out the obligations under this Agreement, shall in writing and prior to their involvement, agree to be bound by the confidentiality obligation contained in this Clause.
    • When one Party so requests, the other Party shall immediately return all plans, data, communication and written information relating to the Confidential Information of the other Party or the information that may arise as a result of the performance of obligations under this Contract by the Parties, together with any copy that the Party may have in its possession. In any event, such return shall take place upon termination or expiry of this Agreement without the need for any request.
  3. The obligation to maintain confidential the Confidential Information of the other Party, without the possibility of disclosing, reproducing, communicating or distributing the information, material, data etc. received from the other Party shall continue for a period of one (1) years from end of the Agreement Term.

  4. Each Party undertakes not to use the Confidential Information transferred by the other Party for the development of other identical or similar products without the written authorization of the affected Party.

  5. The Parties shall have the right to share the Confidential Information (except proprietary information) on need to know basis, without prior consent of the other Party, with the Governmental Authorities.

  6. Each party is solely responsible for its employees complying with the obligations. If either party becomes aware of the loss, theft or misappropriation of Confidential Information which is in its possession or control, it shall notify the other party in writing within seven (7) days of its discovery of such loss, theft or misappropriation.

  7. The confidentiality obligation contained in this clause shall not apply to the following information:

    • information which is, or becomes, publicly available through no fault of the Party who received the information;
    • information which is received from another source who can rightfully disclose it and without an obligation of confidentiality;
    • information which is independently developed; or
    • information which is required to be disclosed under the Applicable Law, provided that before doing so, the disclosing Party must seek the highest level of protection available and to the extent possible and permissible by Applicable Law, give the other Party sufficient prior written notice to provide a reasonable chance to seek a protective order. In the event that it was not possible or permissible by law for the disclosing Party to provide the other Party with a prior written notice, it shall promptly notify the other Party of such disclosure; or
    • information which is known to the receiving Party at the time of the disclosure by the disclosing Party.
6

Liability & Indemnity.

  1. The Supplier agrees to defend, indemnify and hold harmless the Clexen Rentals, its officers, directors, agents, employees and affiliates (and their respective officers, directors, agents and employees) from and against any and all Losses, or claims, liabilities, actions, demands, judgments, losses, costs, expenses, suits, actions and damages arising out of any fault, error or manufacturing defect in the Equipment(s) or by an act of negligence or the willful misconduct of the Supplier, or omission of any obligations under this Agreement or by or by an officer, director, sub-contractor, agent or employee of the Supplier.

  2. Notwithstanding other rights or remedies of the Clexen Rentals under the Applicable Law, the Supplier shall be liable to reimburse the Clexen Rentals and/or its affiliates, subsidiaries, successors or assigns, for any payments made at any time after the termination of this Agreement, in respect of any liability or claim in respect of which the Clexen Rentals or its affiliates, subsidiaries, successors or assigns are entitled to be indemnified hereunder.

7

Force Majeure

  1. Neither Party shall be responsible for a default in the performance of its obligations due to contingencies beyond its control, such as fire, flood, civil commotion, earthquake, war, strikes or government action, or change in Applicable Laws, regulations or policies (“Force Majeure Events”). If either Party is prevented by such from performing its obligations under this Agreement, such Party shall promptly notify the other Party to that effect.

  2. Notwithstanding the foregoing, the Force Majeure Events shall not include: (a) the occurrence of any shortage of manpower, material, equipment or raw material; economic hardship, in each case other than due to any of the abovementioned Force Majeure Event occurrences. Further, delays resulting from reasonably foreseeable unfavourable weather or reasonably foreseeable unsuitable ground or reasonably foreseeable adverse conditions. Force Majeure Event shall not include any event that is within the reasonable control of the Party affected by the Event of Force Majeure.

  3. Any Party that is affected by a Force Majeure Events shall give written notice thereof to the other Party no later than seven (7) days following the occurrence of the Force Majeure Events in question, providing appropriate details thereof. Subject to notice of happenings of any such Force Majeure Events is given by the affected Party to the other Party neither Party shall have any such claims for damages against the other, in respect of such non-performance or delay of the event pendency of a Force Majeure Events provided performance of this Agreement shall be resumed immediately, after such event comes to an end or ceases to exist.

  4. Failure to provide notice as provided above shall not prevent the affected Party from defending against any claim for delays or breaches that arise during the performance of its obligation under this Agreement on the grounds that they were caused by a Force Majeure Events.

  5. If any or entire portion of performance under this Agreement is delayed or suspended as a result of continuation of any of the Force Majeure Events, the time allowed to comply with such obligation shall be extended for as long as the relevant Force Majeure Events causing such delay or suspension continues.

  6. The Parties shall take the measures necessary to mitigate the effects of continuation of Force Majeure Events and to continue to perform their obligations under this Contract so far as reasonable practicable.

8

Events of Default

Any breach of obligations, undertaking or any provision of this Agreement by any Party (“Defaulting Party”) which has not been rectified within a period of fifteen (15) days from the date of intimation of such breach by the other Party (“Non-Defaulting”) shall be considered as an event of default under this Agreement (“Event of Default”).

9

Consequences of Events of Default

If an Event of Default shall occur and be continuing, the Non-Defaulting Party shall have an option to (a) claim against the Defaulting Party, or (b) notify the Defaulting Party that an Event of Default has occurred and is continuing and instruct the Defaulting Party to rectify such Event of Default, (c) if the Event of Default continues unremedied for thirty (30) days, to terminate the Agreement with immediate effect upon serving a notice of termination.

10

Termination

If an Event of Default shall occur and be continuing, the Non-Defaulting Party shall have an option to (a) claim against the Defaulting Party, or (b) notify the Defaulting Party that an Event of Default has occurred and is continuing and instruct the Defaulting Party to rectify such Event of Default, (c) if the Event of Default continues unremedied for thirty (30) days, to terminate the Agreement with immediate effect upon serving a notice of termination.

  1. This Agreement shall be capable of being terminated in the following circumstances:

    • By way of mutual written consent of both the Parties by serving a notice of termination of thirty (30) days in advance.
    • Upon occurrence of an Event of Default, by Party which is not in Default in accordance with the provisions of this Agreement.
  2. Upon termination of this Agreement by the Clexen Rentals on account of the Events of Default solely attributable to the Supplier, the Clexen Rentals shall be entitled to recover the entire amount of dues including or damages in lieu of the breach of obligations, representations and warranties of the Supplier. In addition, the Clexen Rentals shall have any other right as per the Applicable Laws.

  3. Termination of this Agreement shall not affect the liabilities of a Party that have accrued before the effective date of termination of the Agreement, save for the rights and obligations that have arisen prior to the date of such termination.

11

Governing Law, Juridiction & Dispute Resolution

  1. This Agreement shall be governed by the laws of India and the courts of New Delhi shall have exclusive jurisdiction.

  2. All disputes or differences arising between the Parties arising out of or in connection with this Agreement shall settled among the Parties through mutual negotiation.

  3. Either Party is entitled to raise any claim, dispute or difference of whatever nature arising under, out of or in connection with this Agreement (“Dispute”) by giving a written notice (“Dispute Notice”) to the other Party, which shall contain:

    • a description of the Dispute
    • the grounds for such Dispute; and
    • all written material in support of its claim
  4. The Parties hereto agree to attempt to resolve all Disputes arising hereunder promptly, equitably and in good faith within a period of thirty (30) days commencing from the date of the Dispute Notice.

  5. In the event that such Disputes between the Parties are not settled through mutual negotiations within thirty (30) days from the date of the Dispute Notice, then the Dispute shall be referred for final settlement by way of arbitration conducted in accordance with the provisions of the Arbitration & Conciliation Act, 1996, and amendments thereof, as under:

    • The arbitration shall be conducted by a sole arbitrator (“Arbitrator”) jointly appointed by the Parties.
    • The place of arbitration shall be [New Delhi]. The language of arbitration shall be English.
    • The award of the Arbitrator shall be substantiated in writing and shall be final and binding on the Parties.
    • From the commencement of the arbitration, the cost and expenses of the arbitration, including, without limitation, the fees of the Arbitrator shall be paid equally by each Party to the Dispute.
  6. Pending the submission of and / or decision on a Dispute by the Arbitrator, the Parties shall continue to perform their respective obligations under this Agreement, subject to any interim order that may be passed by the Arbitrator, without prejudice to a final adjustment in accordance with such decision by the Arbitrator.

12

Miscellaneous

Non-compete & Non-solicitation.

For the entire Term of this Agreement until termination of this Agreement and for a period of one (1) years following the termination, either Party shall not, without prior written consent of the other Party, directly or indirectly (including through its affiliates) solicit or cause to be solicited, employ, hire or engage any employee, employed by the other Party and/or any of other Party’s affiliates, nor shall engage in any competing business of that of the Clexen Rentals. For the purposes of this sub-clause, ‘employee’ shall include a person who was in the employment of the other Party and/or any of other Party’s affiliates in the preceding six (6) month period.

Survival

Clause 6 (Liability & Indemnity), Clause 5 (Confidentiality), Clause 11 (Governing Law, Jurisdiction & Dispute Resolution), Clause 12 [A] (Non-Compete & Non-Solicitation) shall survive any termination or expiration of this Contract.

Assignment

Supplier shall not transfer or assign to any third party or person, in any way or by any means, any part of this Agreement nor any relevant rights or obligations without obtaining prior written approval of the Clexen Rentals.

Relationship between the Parties

Nothing herein shall be deemed or construed to create a joint venture, partnership, and fiduciary or agency relationship between the Parties for any purpose.

Amendments

No alteration, amendment or modification of any provision of this Agreement shall be binding on the Parties unless made in writing and signed by the duly authorized representatives of the Parties.

Waivers

No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. All waivers must be made in writing and signed by the party making such waiver.

Entire Contract

This Agreement contains the entire understanding between the parties with respect to the subject matter contained hereunder and supersedes all previous written or oral undertakings, agreements, commitments or representations whatsoever

Notices

All notices under this Agreement shall be written in English and shall be sent by hand, courier or email at the contact details indicated below and shall be deemed to be delivered on the date contained in the receiving in case of delivery by hand or courier or the date contained on the return receipt in case of an email:

13

Terms and Conditions Upon Request.

A LARGER PRINT VERSION OF THIS AGREEMENT WITH ITS TERMS AND CONDITIONS WITH ALL ANNEXURES IS AVAILABLE FROM Clexen Rentals UPON REQUESTING US BY FILLING ("BECOME A SUPPLIER") FORM OR BY CONTACTING US ON THE ABOVE MENTION ("CONTACT US") DETAILS.

Contact Us

Please do not hesitate to contact us at 9999-22-5725 or email us at support@clexenrentals.com for any further information.

Last Modified: January 21, 2019

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