Immuna Life Sciences - PCD Pharma with own Manufacturing

We require approved brand names and formulas from you in writing along with other documents as listed in list of documents. After finalization of the agreement. There are three phases of starting a marketed by set up:

1. Brand & formulation approval from DRUG department 5-7 days
2. Procurement of Printed Packing material like cartons, labels 10-20 days
3. Actual Production. 10-15 days
4. Transportation. 2-7 days.

Total time taken for whole process is 30-45 days approximately. For repeat orders 15-21 days shall be required.

COSTING

TAXATION AND OUTWARD TRANSPORT

1. CST @ 1.5% is charged as per central Govt Exemption Notification giving direct benefit of .5% over other areas.
2. OUTWARD TRANSPORTATION: Outward Transport is payable by the Party, the rates quoted by us are Ex-factory.

BATCHES

Batch Sizes:

Minimum 500 litre Batch for liquids (bottles) && 10000 units for lamitubes

MINIMUM BUSINESS VOLUME

The marketing company shall give a minimum business assurance of minimum Rs. 25 lacs per annum ON NETT RATES.

ORDER AND SUPPLIES

Written order preferable in format given below is accepted by us, orders through authenticated e mails are also acceptable, 1st time supply is executed in 45 days and repeat supplies are executed within 21 days, occasional URGENT orders are despatched within 7 days.

PAYMENTS

We need an advance payment of 50% along with order as a confirmation of order and balance at time of despatch or on raising the performa invoice. Payment terms for old parties may vary as per their dealing and performance, we raise credit limits for old parties as per their transactions against security instruments for smoother commercial transactions.

SAMPLE AGREEMENT

An agreement for contract manufacturing is entered with the marketing company for a period of three years, the Performa of which is made available at the time of finalization, the performa of agreement is given below:

This agreement for manufacturing is made on ___________2013 between M/s Immuna Life Sciences at VPO Behral,Tehsil Paonta Sahib,Dist Sirmour, HP-173025 through its authorized representative Mrs. Aruna Sharma w/o Mr. Pradeep Sharma r/o 213/5 , Shamsherpur, Paonta Sahib hereinafter called as Manufacturer or the party of 1st part.

AND

Herein after called as the party of 2nd part.

Whereas party of the first part is manufacturer of pharmaceutical products, the party of the 2nd part is engaged in marketing and distribution of the pharmaceutical products.

Now this agreement witneseth as under:

1. That it is agreed that the products listed below shall be marketed by the party of 2nd part and manufactured by the party of 1st part.( As per list attached)
2. That It is agreed that the above trade-marks are property of the party of 2nd part and do not resemble any existing product / trade name of any other company, and that the 2nd party shall be solely responsible for the non-resemblance of trade name & its designs from the marks & designs of any running brand of any other company. Also the 2nd party indemnifies the 1st party for any dispute /claim if arisen out of any resemblance of its trade name with any other trade name/design and shall be solely responsible for claims/liabilities if any. 1st party and the 2nd party shall not adopt, whether during the term of this agreement, or any time after its expiry/ termination, thereof any symbol which is similar to the registered Trade mark/ Applied for that which could draw any reference to the said trade mark as to be likely to cause confusion or deception or detract from or adversely affect the rights of proprietor of the said trade-marks.
3. It is agreed that the 1st party shall manufacture the above products and supply to the 2nd party at Ex-Factory Nett rates mutually worked out.
4. That the 2nd party shall send 50% advance along with each order and shall make the balance payments at the time of dispatch, or as per any other schedule of payments mutually accepted by both parties. The forwarding charges, transit insurance and outward freight of the finished goods shall be borne by 2nd party. It is further agreed that in case the ordered goods are not lifted by the 2nd party within 30 days of production, the same shall be liquidated in open market by the 1st party without any claims from the 2nd party. In such event it is agreed that 2nd party indemnifies the 1st party against all claims, objections what so ever from any source.
5. It is further agreed that the goods shall be billed at the prevailing Excise and Central Sales Tax rules which offer exemptions .It is further agreed that any liabilities/ Arrears/Claims of any Statutory Government Bodies viz Central Excise Deptt / Sales Tax Depts./ D.P.C.O. or any other Government Department arising out of the transaction between the parties shall be sole responsibility of the 2nd party during or after the expiry of this agreement, since the 1st party is charging only job charges and is not making any profit out of the sale of the products and all the profit is being taken by the 2nd party and the 2nd party indemnifies the 1st party in regard of the above.
6. It is further agreed that the quality of the product shall be sole responsibility of the 1st party. The 2nd party shall provide the master formulas and the SOP for all its products duly received by the 1st party. The 1st party shall strictly adhere to the master formulas provided by the 2nd party in observation to the Drugs & Cosmetics Act and rules there under. The 1st party shall supply test-reports for the batches manufactured to the 2nd party on demand.
7. This agreement is initially for three years and can be terminated by either of the parties by giving two month's notice in writing. However without any dispute it is deemed to be renewed even after the end of the third year. During the currency of this agreement the 2nd party shall not get the products manufactured with the 1st party from any other manufacturer.
8. Disputes if any shall be adjudicated under jurisdiction of Paonta Sahib Courts only.
9. The Force Majure Clause is applicable to this agreement.

   Party of 1st part	Party of 2nd part
   Witness	Witness

DOCUMENTS REQUIRED FOR 3rd PARTY MANUFACTURING

1. Profile:

(Brief Profile with Copy of PAN Card of the company and a Copy of Memorandum of Articles of Association in case of Pvt. Ltd or limited Company. Partnership deed/ Affidavit for proprietary in case of Partnership firm or Proprietorship firm.)

2. Name, Address & Telephones with copy of Voter ID and Pan Cards.

( Of all Directors, Partners or Proprietor both official and residential.)

3. Copy of Resolution for Authorised Signatory to Deal:

(For limited , private limited and partnership companies )

4. Drug Licences :

(Attested copy of Drugs Licenses to be provided)

5. Sales Tax/ TIN Registration Certificates.

(Attested copy of Sales tax Registration Certificate to be provided)

6. Certificate for Non-Resemblance: ( Specimen attached below)

ON LETTER HEAD OF MARKETING COMPANY

NON RESEMBLANCE CERTIFICATE

We certify that the following trade marks have been originally coined by us and do not resemble to any existing trade mark of other company, also the designs on the product packing do not resemble any design, colour combination of any existing product of any company and that the we shall be solely responsible for the non-resemblence of trade name & its designs.

We shall be solely responsible for any dispute/ claims/liabilities if any arising out of the use of our trademarks and we further indemnify M/s Immuna Life Sciences, VPO Behral, Paonta Sahib, Dist Sirmour for any dispute /claim if arisen out of any resemblance of its trade name with any other trade name/design and also undertake that we shall withdraw the product from the market and also withdraw the trade name if instructed by the State Drugs Controller Himachal Pradesh in this regard.

Deponent

Verification:

The facts mentioned above are true to the best of my knowledge and belief and nothing has been concealed thereof.