Agreement for Dealership (Deployment of Asset on Deposit/Free)

Parties to the Agreement:

Execution Date: 15/Apr/2025

Company Dealer
Registered Name of HOCCO FOODS PRIVATE LIMITED MOHAMMAD SAKIR KIRANA GENERAL
the STORE
Business
Registered Address , GALI NO 42 HOUSE NO 688 TRI NAGAR
12 & 13TH Floor, Elanza Vertex,
of place of Business JOORBAGH AS FOR ABOVENEW DELHI
Sindhubhavan Road,
NEW DELHI - 110035, Delhi
Bodakdev, Ahmedabad – 380054,
GUJARAT
Legal Entity a Private Limited Company Legal_Entity Proprietor/ partnership
incorporated under the Companies Act
1956 and as amended from time to
time
PAN NO AAGCH3522H {PAN}
CIN NO. U15400GJ2022PTC132936 {CIN}
GSTN 24AAGCH3522H1ZW {GSTN}
Dealer Code - C0027020
FSSAI License - {FSSAI_License}

Details of Owner of Business (Proprietor / Partners / Managing Director)

Name of Birth Aadhar Permanent

Person Year Number Residence
Address
Mohammad 1980 3818
sakir

*ID and Address proof as well FSSAI License if available, Documents copy required
TERMS & CONDITIONS

Company and the Dealer shall collectively refer to as “Parties” and individually as “Party” as the case may be.

WHEREAS the Dealer approached the Company with a request to appoint him as a Dealer for HOCCO FOODS
PRIVATE LIMITED. with assurance and promise for long term association. Based on Dealers assurance, the
Company appoint you as Dealer on the following terms and conditions.

AND WHEREAS these terms and conditions ("Terms") together with the Dealer Registration Form and
annexures constitute the agreement ("Agreement") under which Company appoints the Dealer for sale of Ice
Cream.

NOW THIS INDENTURE WITHNESSTH AS UNDER:

Signature Not Verified

Digitally Signed.
Name: Mohammad sakir
Date: 15-Apr-2025 17:12:51
Reason: eSigned using Aadhaar (signcare.io)
 1. This Agreement comes into effect from the date mentioned hereinabove and unless terminated earlier,
shall remain in force for a period of From: 15/Apr/2025 To: 11/Feb/2030
2. The Dealer shall sell the Ice-cream Products of the Company at such price as may be prescribed or
declared by the Company from time to time and on such other terms and conditions as may prescribed in
this Agreement or as may be varied from time to time or as stipulated in or as mentioned in the invoice.
3. The Company may provide the Dealer with promotional materials, sign board, Glass Canopy, Glow sign/flex
boards and illuminated boards or any other equipment (collectively referred as “equipment”), as per
requirements, to be installed at Dealer’s outlet for display. The Dealer undertakes that the Dealer shall be
solely liable and responsible to comply with all the provisions of the statutes, rules and regulations
governing and applicable to the display of such equipment in the territory. The Dealer shall further be
solely liable and responsible to pay all taxes (including but not limited to corporation tax), fees, demands
etc. levied by any authority including and not limited to the concerned municipal authority on display of
equipment. The Dealer undertakes to indemnify the Company, its directors, employees and its subsidiaries
and affiliates for any claim, demands, penalties, fees, prosecution, suits etc. arising out in this regard or
due to breach of any of the provisions of the statutes, rules and regulations governing and applicable on
display of equipment and also arising out of non-payment of any tax (including but not limited to
corporation tax), fees, demands etc. on such equipment. In the event if the equipment provided by the
Company is lost, destroyed and/or seized by any authority, the Dealer shall, within three (3) days of the
receipt of the demand from the Company, pay and compensate the Company towards for the cost of the
said equipment.
4. The Company agrees to provide to the Dealer deep freezer, for the exclusive storage of ice cream
supplied by the Company.
5. It is expressly agreed that the Dealer assures and undertakes following responsibilities:
5.1 At the cost of the dealer, properly maintain, upkeep and use carefully, the equipment and
materials supplied by the Company and not sell, transfer, encumber or eliminate the equipment
and materials supplied by the Company like the glow-signs and other display materials, deep
freeze machine and other gadgets without written permission of the Company.
5.2 To remit the payment of the supplies made regularly as per the terms stipulated with the
distributor and shall not terminate this Agreement before a minimum period of From:
15/Apr/2025 To: 11/Feb/2030 except with the consent of the Company and on such terms and
conditions as may be stipulated by the Company.
5.3 Shall not sell the product of the Company in excess of the price stipulated in the price list/MRP
issued by the Company from time to time.
5.4 shall obtain and keep valid and subsisting, all the required licenses and permits including but
not limited to FSSAI License/registration, Shop & Establishment or Trade License, GST and to
comply with all applicable statutory stipulations required for its business.
6. Dealer agrees that nothing contained in this Agreement shall grant or deem to grant the Dealer any
right, title or interest in the Label, Trademarks, patents, copyrights, trade secrets or any other intellectual
property rights, whether protected or not, used by the Company for its Products/Goods.
7. In addition to the above terms and conditions, the Dealer has agreed and undertake to the following
terms and conditions in connection to the Deep Freezer:
7.1 The Company has provided the Deep Freezer against the payment of non-interest-bearing
refundable Security Deposit from the Dealer/ with Zero Deposit (Please tick whichever is
applicable).
The details of the Deep Freezer and the Security Deposit against the same are attached herewith at
“Annexure A”. The Security Deposit will be subject to deduction of value mentioned in “Annexure
A” per month against normal wear and tear due to the use of D/F for refund purpose. The invoice
for the First Financial Year for normal wear and tears will be raised from the date of the agreement
till the end of the Financial Year. The invoice for the subsequent Financial Year would be raised on
the 1st of April. (Not applicable in case of Zero Deposit)
7.2 The Company reserves its right to take back the deep freezer at any point of time without
assigning any reasons during the From: 15/Apr/2025 To: 11/Feb/2030 Months and Dealer
undertakes that it shall not have any claim, demand or seek any compensation against the
Company in this regard.

Signature Not Verified

Digitally Signed.
Name: Mohammad sakir
Date: 15-Apr-2025 17:12:51
Reason: eSigned using Aadhaar (signcare.io)
 7.3 The Dealer shall isolate the deep freezer and provide adequate frontage and keep the same
neat and clean in a hygienic space separate from any other capital equipment while installing the
same in his premises and shall store only the products of the Company and will ensure
uninterrupted power supply for 24 hours, the expense of which shall be borne by the Dealer.
7.4 The new Deep Freezers provided by the Company will be under From: 11/Feb/2025 To:
11/Feb/2031 Original Equipment Manufacturer (OEM) Warranty from the purchase date from
Deep freezer manufacture.
7.5 Any cost of repair and maintenance not covered under OEM will be borne by the Dealer.
[dealer]
7.6 The ownership of the deep freezer shall remain with the Company and the dealer will not create
any charge or lien on the said property. Dealer shall allow fitment of any such devices and
support in tracking/monitoring the Deep Freeze.
7.7 The dealer cannot shift/transfer the deep freeze to any other location outside the business
place or handed over to third party. In case of any damage, theft, any kind of loss to the Deep
Freeze, the Dealer will compensate loss to the Company.
7.8 In case, this Agreement is terminated, for any reason, prior to end of From: 15/Apr/2025 To:
11/Feb/2030 from the date mentioned herein above, the refund of Security Deposit to the Dealer
will be subject to deduction of any cost of repairs and maintenance as well as depreciation of the
Deep Freezer.
7.9 The ownership of the Deep Freezers shall always remain with the Company and the Dealer shall
not create any charge or lien on the same.
7.10 Save and except in case of earlier termination of this Agreement or the Company removing the
Deep Freeze before the expiry of From: 15/Apr/2025 To: 11/Feb/2030 , the ownership of the
Deep Freezer will be transferred to the Dealer at the end of From: 15/Apr/2025 To:
11/Feb/2030 .
7.11 The Dealer hereby agrees and accepts Rs. 1,00,000/- as purchase target per year and assures
to the Company to give minimum 20% growth year on year. If there is no purchase by the Dealer
from the Company/Distributor (as the case may be), for a continuous period of 6 months and/or if
the dealer does not achieve the sales target of Rs. 100,000 per financial year and the yearly
growth percentage thereon, then the Company reserves its right to take back the DF/ equipment/
Canopy / Company’s assets lying with the dealer and will refund the deposit after deduction of
normal wear and tear based on the DF used by the dealer at the sole discretion of the Company.
7.12 The Deep Freeze Machine will be used exclusively for the storage of the Company’s products
only with the Company’s logo and branding. The Company shall have right to inspect the Deep
Freezer at any time If it is noticed that some other food stuff or other products are stored in the
Deep Freeze machine, the Company entitled to remove the Deep Freeze machine from the
premises of the Dealer at Dealer’s cost and is entitled to terminate this Agreement without any
notice and will forfeit the Security deposit.
8. The Dealer represents and warrants to the Company that:
a) all information contained or referred to in this Agreement or which has otherwise been disclosed by
the dealer to the Company, are true and accurate and that the dealer is not aware of any fact or
matter, which renders any such information misleading;
b) it has disclosed all Information, which is, or may be of reasonable relevance to the company’s interest
and willingness to enter into this Agreement including but not limited to providing of the Services on
the terms hereof;
c) it has full power, capacity and authority to execute, deliver and perform this Agreement and it has
taken all necessary action (corporate, statutory or otherwise), to execute, deliver, perform and
authorize the execution, delivery and performance of this Agreement;
d) this Agreement constitutes a valid and binding agreement and is enforceable in accordance with its
terms;
e) the consents, permissions and/or licenses as may be necessary and required for performing its
obligations are available with the Dealer and if any such specific permissions/License is required to
carry out its obligations under this Agreement, the Dealer shall obtain the same expeditiously and
assures Company that the same shall not cause any delay/hinderance in its performance. The Dealer

Signature Not Verified

Digitally Signed.
Name: Mohammad sakir
Date: 15-Apr-2025 17:12:51
Reason: eSigned using Aadhaar (signcare.io)
 also assures and agrees to maintain all such permissions/licenses throughout the term of the
Agreement.
f) neither the execution of this Agreement, nor compliance with its terms will be in conflict with or result
in the breach of or constitute a default or require any consent under: a) any provision of any
agreement or other instrument to which the Dealer is a Party or by which it is bound; b) any judgment,
injunction, order, decree or award which is binding upon the Dealer; and/ or it's memorandum or
articles of association;
g) There are no actions, suits or proceedings pending in any court or before any Governmental Authority
which if adversely determined either individually or collectively has or is reasonably likely to have a
material adverse effect in performing obligations under this Agreement.
9. The Dealer agrees to maintain the confidentiality of all information and data acquired from the Company
in connection with the transactions as contemplated hereunder, including without limitation economic,
financial and/or technical information, disclosed (such information and data, collectively, “Confidential
Information”), and shall not disclose such Confidential Information to a third party without the prior written
consent of such the Company; provided, however, that the following shall not be included in the definition
of Confidential Information: information which (i) was in the public domain at the time of disclosure; (ii)
enters the public domain after the time of disclosure, without the Dealer’s fault; (iii) is required to be
disclosed by Law or order of the court or requested to be disclosed by a governmental authority, in which
case, the Dealer shall notify the Company of such regulatory or statutory requirement or court order or
request prior to the disclosure; or (iv) has been acquired from third parties which had not previously
acquired it, directly or indirectly, from the Company. The Dealer shall procure that its employees,
consultants, advisors and agents (“Representatives”) are bound by the confidentiality obligations on
terms set out above and the Dealer shall be responsible and liable for the acts of commission, omission,
breach, negligence or misconduct on part of its Representatives.
10. The Dealer shall maintain storage temperature between -18 to -21degree Celsius at all times and
conditions as per guidelines given from time to time. The Ice cream products being perishable, the Dealer
shall be solely responsible to ensure that in no event the damaged, non-saleable and expired materials is
supplied in the market.
11. The Dealer shall solely be liable, and indemnify Company, its Directors, officers, employees and agents,
for any article of food item which is sold after the date of its expiry; or handled or kept in unhygienic
conditions; or misbranded; or unidentifiable of the manufacturer or the distributors from whom such
articles of food were received; or received by him with knowledge of being unsafe.
12. The Dealer shall ensure compliance of all statutory requirements under various laws applicable from
time to time. The Dealer shall be liable for any loss or damages suffered by the Company due to any lapse
on the part of the Dealer in compliance of any Rules or Regulations of competent authority. The Company
shall have right to recover any losses along with interest and penalty arising due to non-compliance by the
Dealer from the dues/deposit/Bank Guarantee of the Dealer.
13. Notwithstanding anything contained herein, neither Party shall be liable or responsible for failure to
perform or for any delay in performance of any of its obligations hereunder if such failure or delay is due or
attributable to any act of God, restriction or regulations of the Government – Central, State or Municipal,
war, hostilities, epidemics, accident or any other cause beyond the control of the parties. However, if any
such case or circumstances continue in existence for an in interrupted period of 60 days, the parties shall
be entitled to terminate this Agreement by giving 30 days’ notice in writing in that behalf to other side.
14. If at any time the Company ceases or stops to sell or distribute “HOCCO” Ice Cream and / or products
after entering into this Agreement for any reason whatsoever, in such case this Agreement shall
automatically come to an end and the Dealer shall not have right to claim any compensation for the losses
or damages that it may have sustained / alleged or will sustain because of such an event.
15. Dealer hereby undertakes and agrees to indemnify at all times and hold harmless Company from and
against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and
costs, awards, damages, losses and/or expenses or any claim or proceeding brought by the Customer or
any other person or by any Government body and /or any other local or other body against Company, in
respect of any goods/services offered, by Dealer arising from any act, omission, neglect or default of the
Dealer, it’s agents, employees, licensees including but not limited compliance of sale of expired
products/ice-creams, any provision of any act, rules, regulation regarding payment of any taxes, duties,

Signature Not Verified

Digitally Signed.
Name: Mohammad sakir
Date: 15-Apr-2025 17:12:51
Reason: eSigned using Aadhaar (signcare.io)
 fine, penalty etc. The indemnity in this clause is a continuing indemnity and survives termination or
expiration of this Agreement.
16. This Agreement may be terminated by the Company without any reason or cause at any time at the
Sole discretion of the Company and the Dealer shall not have right to claim any compensation for the
losses or damages that it may have sustained / alleged or will sustain because of such an event.
17. At the option and discretion of the Company, this Agreement shall be terminated following a breach by
Dealer of its representations, warranties, covenants, obligations or undertakings under this Agreement by
delivering a written notice to the Dealer, specifying the nature of the breach in reasonable detail, with
termination becoming effective at the end of thirty (30) Business Days, following receipt of such notice
unless the breach is cured within such period, in case the said breach is capable of cure and remedy.
18. This Agreement and all rights and obligations of the parties hereto shall be governed and construed in
accordance with Indian Law and the Parties hereto hereby submit to the exclusive jurisdiction of the
appropriate courts in Ahmedabad, Gujarat, India.
19. If any dispute arises between the parties in connection with the validity, interpretation, implementation
or alleged breach of any provision of this Agreement, the Parties shall endeavor to settle such dispute
amicably. In the case of failure by the parties to resolve the dispute within 30 (thirty) days from the date
when the dispute arose, the dispute shall be referred to arbitration of a sole arbitrator to be mutually
appointed by the parties The venue and seat of arbitration shall be Ahmedabad. The arbitration
proceeding shall be governed byArbitration & Conciliation Act, 1996 or any statutory amendment/
modification or alteration thereof for the time being in force. The Arbitration proceedings shall be in the
English language and the Arbitrator give reasons for the award, which shall be final and binding between
the parties. The arbitration award shall be in writing.
20.Miscellaneous:
20.1 Entire Agreement: This Agreement constitutes the entire agreement between the Parties and
supersedes all prior agreements in connection with the subject matter hereof. No employee or agent of
the Company is authorized to make any representation or warranty not contained in this Agreement
and the Dealer acknowledges that it has not relied on any such oral or written representations. No
variation or waiver of any of the provisions of this Agreement shall be binding unless in writing and
signed by the Company and the Distributor or their duly authorized representative or employee. This
agreement is executed at Ahmedabad by the parties of their own free will and without any undue
influence or coercion and the same will be binding upon the parties.
20.2 Appendix/Schedules: The Appendixes/Schedules shall have the same force and effect as if expressly
set in the body of this Agreement and any reference to this Agreement shall include the
Appendixes/Schedules.
20.3 Amendments: This Agreement may be changed, amended or otherwise modified only with the
mutual consent of the parties in writing, executed by the duly authorized representatives of both
Parties.
20.4 Parties Relationship: Nothing in this Agreement shall be deemed to constitute, create, give effect to
or otherwise recognize a joint venture or a partnership or employee – employer, principal-agent
relations between the Parties.
20.5 No Assignment: The Dealer shall not assign any of its rights or delegate any of its obligations under
this Agreement without the prior written consent of the Company. Any assignment without the required
consent shall be null and void. For the avoidance of doubt, the Company may assign any or all of its
rights and obligations under this Agreement and may fulfill its obligations under this Agreement
through its subsidiaries and affiliates.
20.6 Severability: If any provision of this Agreement is determined by a court or arbitrator to be void,
invalid, illegal, excessively broad unreasonable or unenforceable in any respect, this determination
shall not affect the validity of any other provision in this Agreement.
20.7 Waiver: Any failure or delay by the Company to execute and/or implement any of its rights under this
Agreement or under any applicable law, shall not be construed as a waiver of such rights and the
Company shall be entitled to execute and/or implement these rights at any later date.
20.8Survivorship: All obligations and duties hereunder which shall by their nature extend beyond the
expiration or termination of this Agreement, shall survive and remain in effect beyond any expiration
or termination hereof.

Signature Not Verified

Digitally Signed.
Name: Mohammad sakir
Date: 15-Apr-2025 17:12:51
Reason: eSigned using Aadhaar (signcare.io)
 20.9 No Implied Waivers: The failure of the Company at any time to require performance by the Dealer of
any provision hereof shall not affect the right of the Company to require performance at any time
thereafter, nor shall the waiver of the Company of a breach of any provision hereof be taken or held to
be a waiver of a provision itself.
20.10Counterparts: This Agreement may be executed in two or more counterparts, each of which be
deemed an original, but all of which together shall constitute one and the same instrument. If this
Agreement is executed in counterparts, no Party shall be bound until all the other Party has duly
executed a counterpart of this Agreement. A facsimile of an original signature transmitted to the other
party is effective as if the original was sent to the other party.
20.11 Notices: A notice or other communication required or permitted to be given or made under or in
connection with this Agreement shall be in writing in English and shall be delivered by registered mail
(speed post/courier/registered A/D), sent by fax or through email to the party due to receive the notice
or communication at its address set out in this Agreement or another address as specified by that
party by written notice to the other. In the absence of evidence of earlier receipt, any notice or other
communication shall be deemed to have been duly given, if delivered by registered mail, when
delivered to the address referred to hereinabove, and if sent by fax, on completion of its transmission
and if sent by email, on completion of delivery of email on the email-id given hereinabove.

The above conditions, and attached terms and conditions, are agreed to by the parties here under:

SIGNED BY, HOCCO MOHAMMAD SAKIR

for and FOODS KIRANA GENERAL STORE
behalf of: PRIVATE
LIMITED

Signature

Name of Mohammad sakir

Person
Designation Authorized Proprietor/Partner/Authorized
Signatory Signatory for Company

Signature Not Verified

Digitally Signed.
Name: Mohammad sakir
Date: 15-Apr-2025 17:12:51
Reason: eSigned using Aadhaar (signcare.io)
Witness: (Not Required for Adhar Verified Signature)

Name Signature Aadhar

Number

1.

2.

ANNEXURE A

Model Vendor Sr. No. Barcode No. Deposit Machine Deployment Deduction Per Machine ownership
Rs. Month transfer date
(Invoicing as
per para 7.1)

BLUESTAR GT5- BL012936 Rs.5000 18.2.25 87.72 12/Feb/2030

GT315L 350N6AYN00085
[GT350NEP]

*If a deep freezer is given free of cost, mention FOC in the Deposit column.

Payment Details
Online Payment
Payment Ref. Number: {Payment_Ref_Number}

Payment through Cheque

Cheque No. : {Cheque_No_}
Cheque Date: {Cheque_Date}
Bank Name: {Bank_Name}
Agreement Start Date : 15/Apr/2025
Agreement End Date : 11/Feb/2030

Signature Not Verified

Digitally Signed.
Name: Mohammad sakir
Date: 15-Apr-2025 17:12:51
Reason: eSigned using Aadhaar (signcare.io)