Client Name :
Customer Account Code :
KYC AGREEMENT(BULLION DIVISION)
Amrapali Industries Limited19-20-21, 3rd Floor, Narayan Chambers,
B/h. Patang Hotel, Ashram Road, Ahmedabad - 380 009.Contact No. : 079-26581329, E-mail : [email protected]
Amrapali
Amrapali
CLIENT REGISTRATION FORM
Contents : Page No.
1. 2Bullion Trading Business
2. Guidelines for Registration 4
3. Client Registration Application Form 5
4. Agreement to Purchase 13Bullion (Gold / Silver)
5. Authorisation Letter 19
6. Board resolution format for 20opening Bullion Purchase Account
7. Declaration by Karta (In case of HUF) 21
Documents Required for
1
Documents Required for Bullion Trading Business
SOLE PROPRIETORSHIP
1. Photograph with signature across the photograph
2. Proof of all addresses
3. Copy of PAN Card of proprietor(with photo clearly visible)
4. Copy of VAT Registration Certificate
5. Copy of CST Registration Certificate
6. Copy of Cancelled Cheque Leaf/Bank Pass Book/Bank Statement containing pre-printed name.
7. Letter of authorized signatories (format attached)
8. Photo identity of all authorized signatories
CORPORATE
1. Certified True copy of Certificate of Incorporation issued by ROC
2. Certified True copy of Memorandum of Association (MOA) (Containing a clause permitting the company to trade in bullion)
3. Certified True copy of Articles of Association
4. Certified True copy of Certificate of commencement of business (in case of public limited company)
5. List of directors with their names, photograph, contact numbers, email ids, PAN and specimen signatures (on letterhead of company) - Copies of PAN card of directors
6. Board Resolution permitting account opening and trading in buIlion and specifying list of authorized signatories (on letterhead of company)
7. List of authorized signatories containing names, designation, photograph; contact numbers, email ids and specimen signatures (on letterhead of company) - format attached
8. Photo identity of all authorized signatories
9. Proof of all addresses
10. Copy of PAN Card of the company
11. Copy of VAT Registration Certificate.
12. Copy of CST Registration Certificate
13. Copy of Cancelled Cheque Leaf/Bank Pass Book/Bank Statement containing pre-printed name.
14. All documents provided by company should be stamped with the original rubber stamp of the Company and should be duly attested by a Company Secretary / Whole Time Director / Managing Director.
2
PARTNERSHIP FIRM
1. Proof of all addresses
2. Copy of PAN Card of firm
3. Certified true copy of Partnership Deed
4. Certified true copy of Partnership Registration Certificate
5. List of all partners - names, specimen signatures, photographs, PAN and copy of PAN card
6. Copy of Cancelled Cheque Leaf/Bank Pass Book/Bank Statement containing pre-printed name.
7. Letter signed by all partners, unanimously agreeing to open an account with us and trading in bullion and specifying the authorized persons to conduct business and sign documents on behalf of the firm (on letterhead of firm)
8. List of authorized signatories containing names, designation, photograph, contact numbers, email ids and specimen signatures (on letterhead of firm) - format attached
9. Copy of VAT Registration Certificate.
10. Copy of CST Registration Certificate
11. Photo identity of all authorized signatories
HUF
1. Proof of all addresses
2. Copy of PAN card
3. Copy of PAN card of Karta
4. Copy of Cancelled Cheque Leaf/Bank Pass Book/Bank Statement containing pre-printed name
5. Stamp of Karta to be put wherever the Karta signs
6. Declaration of co-parceners with date of birth, name, sex and relationship to Karta duly signed by the Karta with HUF stamp (format attached)
7. Photograph and specimen signature of Karta
8. Copy of VAT Registration Certificate.
9. Copy of CST Registration Certificate
10. List of authorized signatories containing names, designation, photograph, contact numbers, email ids and specimen signatures (on letterhead of firm) - format attached
11. Photo identity of all authorized signatories
3
GUIDELINES FOR REGISTRATION
1. The form should be filled in BLACK INK and in BLOCK (CAPITAL) LETTERS
2. At all places, complete name should be mentioned, Expand all initials.
3. Any of the following will be acceptable as proof of address for Corporate:
I. Bank Statement of the Company (Not more than two months old)
ii. Utility Bill (Telephone / Water / Electricity / Maintenance) (Not more than two
months old)
iii. Rent Agreement / Leave & License Agreement
4. Any of the following will be acceptable as proof of address for Individual /
Karta of HUF:
+ Copy of Valid Passport (with Photo clearly Visible)
+ Copy of Valid Driving License (with Photo clearly visible)
+ Copy of Ration Card
+ Copy of Electricity Bill (Not more than two months old)
+ Copy of Landline Telephone Bill (Not more than two months old)
+ Copy of Valid House Agreement / Rent Receipt / Maintenance Bill
(Rented/Owned) (Not more than two months old)
+ Copy of Bank Pass Book / Recent Bank Statement, duly certified by official
of bank (Not more than two months old) or original bank statement.
5. For every bank account mentioned in KYC, the client has to provide copy of
Cancelled Cheque Leaf/Bank Pass Book/Bank Statement containing pre-printed
name of the client. In case of bank statement / bank passbook, it should have name
and address of the client, MICR code of the branch should be present / mentioned
on the Cheque Leaf and document should be self-certified by the client. Bank
statement should not be more than 2 months old.
6. Original PAN Card required for verification of the photocopy
7. All documents evidencing proof of indentity should be verified against original and
stamped as ‘Verified with Original’
4
Amrapali Industries Limited
Client Registration Application Form
(To be filled by Sole Proprietor / HUF / Partnership Firm / Corporate)Dear Sir/Madam,I/We request you to register us as your client and in this regard the following information is furnished:
19-20-21, 3rd Floor, Narayan Chambers, B/h. Patang Hotel, Ashram Road, Ahmedabad - 380 009.
Office address(with landmark)
City
State
Pincode
Country
Is the Premise Owned Leased Licensed
Office premises have been occupied byapplicant since years.
years
Registered Address(with landmark)
City
State
Pincode
Country
Is the Premise Owned Leased Licensed
Office premises have been occupied byapplicant since years.
years
Full Name of Firm/HUF/Corporate/Proprietorship/Partnership
Correspondence Address(with landmark)
City
State
Pincode
Country
Is the Premise Owned Leased Licensed
Office premises have been occupied byapplicant since years.
years
Date of Formation / Incorporationof Proprietorship/HUF/Partnership/Corporate MM DD YY
5
Warehouse address(with landmark)
City
State
Pincode
Country
Telephone No. Fax
SALES TAX REGISTRATION DETAILS
Provide copy of VAT & CST Certificate
VAT Registration No. State Validity
ValidityCST Registration No. State
PAN Number
BANK ACCOUNT DETAILS
Provide copy of Cancelled Cheque Leaf / Bank Pass book / Bank Statement containing Pre-printed name
Bank Name
Branch
Bank Account Type
Saving
NRO
Current
NRE
NRI
Bank Account No.
Date of Opening Account
Net worth as per balance sheet
as on ..............................
MICR CODE
Rs.(in Lacs)
Trading exerience : Year
6
Details of Introducer
Details of Referencer-1
Name Surname Name Middle Name
Gender : Male Female
Relation with the Applicant
Permanent Address(with landmark)
City
State
Pincode
Country
Telephone No.
Mobile No.
Signature
NameSurname Name Middle Name
Gender : Male Female
Name of the Organisation / Entity Designation
Relation with the Applicant
Permanent Address(with landmark)
City
State
Pincode
Country
Telephone No.
Mobile No.
Fax
Email Id
Signature
Fax
Email Id
7
(a) I / We understand that Amrapali Industries Limited reserves the right to ask for any further Documents for the satisfaction of identity / authenticity and to meet any legal requirements arising from time to time.
(b) I / We declare that the particulars given by me / us are true and correct to the best of my/our knowledge and belief. I/We undertake to inform you of any changes therein immediately. In case any of the above information is found to be false or untrue or misleading or misrepresenting or in case there is suppression of any material information, I / We are aware that I/We may be held liable for it.
(c ) Amrapali Industries Limited can use information provided by us to you for the purpose of business and reserves the right of disclosure of such information in the following circumstances:
• Disclosure to our partners/directors and employees who need to know such information to assist the nature of business being carried out.
• To the extent such disclosure is required by law• To the extent such disclosure is required by any statute, rule, regulation or requirement of
any regulatory or administrative authority with which we are bound to comply• With our prior written consent (such consent not be unreasonably withheld)
Date :
Place :
Corporate Stamp Stamp & Signature of the Authorised Signatory 1
Details of Referencer-II
Name Surname Name Middle Name
Gender : Male Female
Name of the Organisation / Entity
Permanent Address(with landmark)
City
State
Pincode
Country
Telephone No.
Mobile No.
Signature
Designation
Rolation with the Applicent
Fax
Email Id
8
Gender : Male Female
Details of Sole Proprietor / HUF
(To be filled by Sole Proprietor / HUF)
Name of Proprietor / Karta Surname Name Middle Name
Permanent Address(with landmark)
City
State
Pincode
Country
Date of Birth (Proprietor/Karta)
Mobile No.
Specimen Signature ofProprietor / Karta
PAN DETAILS
PAN No.(Propritor / Karta)
Email id
MM DD YY
Pass-port sizePhotograph of
Proprietor/Kartawith signature
across thephotograph
9
(To be filled by Partnership Firm / Company)
Details of Partners/Directors 1
Name of Partner / Director Surname Name Middle NameGender :
Designation
Male Female
Permanent Address(with landmark)
City
State
Pincode
Country
Date of Birth
Mobile No.
Specimen Signature
MM DD YY
Pass-port sizePhotograph of
Proprietor/Kartawith signature
across thephotograph
PAN DETAILS
PAN No.(Partner/Director)
Email id
Details of Partners/Directors 2
Name of Partner / Director Surname Name Middle NameGender :
Designation
Male Female
Permanent Address(with landmark)
City
State
Pincode
Country
Date of Birth
Mobile No.
Specimen Signature
MM DD YY
Pass-port sizePhotograph of
Proprietor/Kartawith signature
across thephotograph
PAN DETAILS
PAN No.(Partner/Director)
Email id
Details of Partners/Directors 3
Name of Partner / Director Surname Name Middle NameGender :
Designation
Male Female
Permanent Address(with landmark)
City
State
Pincode
Country
Date of Birth
Mobile No.
Specimen Signature
MM DD YY
Pass-port sizePhotograph of
Proprietor/Kartawith signature
across thephotograph
PAN DETAILS
PAN No.(Partner/Director)
Email id
Provide photo copy of PAN. Bring original for verificaion
10
Details of Partners/Directors 4
Name of Partner / Director Surname Name Middle NameGender :
Designation
Male Female
Permanent Address(with landmark)
City
State
Pincode
Country
Date of Birth
Mobile No.
Specimen Signature
MM DD YY
Pass-port sizePhotograph of
Proprietor/Kartawith signature
across thephotograph
PAN DETAILS
PAN No.(Partner/Director)
Email id
Details of Partners/Directors 5
Name of Partner / Director Surname Name Middle NameGender :
Designation
Male Female
Permanent Address(with landmark)
City
State
Pincode
Country
Date of Birth
Mobile No.
Specimen Signature
MM DD YY
Pass-port sizePhotograph of
Proprietor/Kartawith signature
across thephotograph
PAN DETAILS
PAN No.(Partner/Director)
Email id
Details of Partners/Directors 6
Name of Partner / Director Surname Name Middle NameGender :
Designation
Male Female
Permanent Address(with landmark)
City
State
Pincode
Country
Date of Birth
Mobile No.
Specimen Signature
MM DD YY
Pass-port sizePhotograph of
Proprietor/Kartawith signature
across thephotograph
PAN DETAILS
PAN No.(Partner/Director)
Email id
Provide photo copy of PAN. Bring original for verificaion
11
Details of Partners/Directors 7
Name of Partner / Director Surname Name Middle NameGender :
Designation
Male Female
Permanent Address(with landmark)
City
State
Pincode
Country
Date of Birth
Mobile No.
Specimen Signature
MM DD YY
Pass-port sizePhotograph of
Proprietor/Kartawith signature
across thephotograph
PAN DETAILS
PAN No.(Partner/Director)
Email id
Details of Partners/Directors 8
Name of Partner / Director Surname Name Middle NameGender :
Designation
Male Female
Permanent Address(with landmark)
City
State
Pincode
Country
Date of Birth
Mobile No.
Specimen Signature
MM DD YY
Pass-port sizePhotograph of
Proprietor/Kartawith signature
across thephotograph
PAN DETAILS
PAN No.(Partner/Director)
Email id
Details of Partners/Directors 9
Name of Partner / Director Surname Name Middle NameGender :
Designation
Male Female
Permanent Address(with landmark)
City
State
Pincode
Country
Date of Birth
Mobile No.
Specimen Signature
MM DD YY
Pass-port sizePhotograph of
Proprietor/Kartawith signature
across thephotograph
PAN DETAILS
PAN No.(Partner/Director)
Email id
Provide photo copy of PAN. Bring original for verificaion
12
AGREEMENT TO PURCHASE BULLION (Gold / Silver)
Entered into on the................day of at................, 20....... ................
BETWEEN
Amrapali Industries Limited a Company incorporated under the Companies Act, 1956 and, having its
Registered Office at 19-20-21, 3rd Floor, Narayan Chambers, B/h. Patang Hotel, Ashram Road,
Ahmedabad - 380 009. Tel. No.: 26581329-30, 26575105-106, Fax : 079-26584313 / 26579169, E-
mail: [email protected] • Web : www.amrapali.com (hereinafter referred to as “AIL” which
expression shall unless repugnant to the context or meaning thereof, mean and include its
successors in title and assigns of the one part (hereinafter called AIL.)
AND
MR/MRS/MS , an individual, aged.................years,
adult, presently residing at......................................................................., a sole proprietorship
firm/ a Partnership firm / a company incorporated under the provisions of the Companies Act 1956
(India) and having its registered office located at....................................................................................................................................(hereinafter referred to as the “Customer”) which expression shall
unless repugnant to the context or meaning thereof, mean and include its executors, successors in
interest, administrators and permitted assigns of the other part.
....................................................................
WHEREAS
a. AIL is engaged in the business of “Bullion Trading “ and will be selling gold/silver (hereinafter
collectively referred to as Bullion) to retail, corporate and other customers.b. The Customer wishes to purchase from time to time, gold and/or silver and will from time to
time place an order with AIL to purchase the samec. The terms and conditions of such sale are as more fully set out hereunder;
NOW THEREFORE IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS :
1. The Customer shall before placing an order for purchase of Bullion, deposit in advance, the
required amount of money equal to 5% of the proposed order (hereinfter the “margin
money”) alongwith the all the relevant documents duly signed, with AIL. the payment of the
margin money may be made by an account payee cheque, Pay order or demand drafts or in
any other manner as required by AIL, In the event the margin money is paid by cheque, the
order will be processed subject to realisation of the cheque.
2. The Customer shall, from time to time, request AIL to purchase gold/silver (hereinafter the
“order”). The Order shall be placed by the Customer through his authorised personnel or
himself, over recorded telephone lines. Such an Order shall clearly set out the quantity of
gold/silver to be purchased by the Customer from AIL. The price of the Bullion shall be fixed by
the Customer at the time of placing the order and this price shall be in conformity with the
prevailing market price of that day, This Order once placed by the Customer and confirmed by
AIL shall be irrevocable. The Customer shall at time of placing the order also specify the mode
of delivery of the Bullion.
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3. The Order placed shall in no circumstance be more than 20 times the amount deposited as margin money. In the event of high volatility of the price of Bullion, AIL reserves the right to undertake orders which may be less than 20 times the margin money deposited and the customer shall be informed accordingly.
4. On receipt and confirmation of the Order,AIL will by an E-mail or a telephone call on the registered telephone number provided by the Customer or by any other agreed mode of communication convey to the customer that the order is confirmed. It is clarified that AIL shall record the telephonic conversation with its customers and will preserve these recordings. AIL shall rely on and use the recorded conversation incase of disputes.
5. In case the margin money as stated in Clause 1 above, is not received by AIL for any reason whatsoever, AIL shall at its discretion cancel the order of the Customer and AIL shall not be liable for any loss, costs, charges and expenses suffered or incurred by the Customer by reason thereof.
6. The Customer hereby acknowledges and agrees that, there may be market fluctuations in the price of Bullion. In the event that the price fluctuations are high (more than 3%), and the margin money deposited falls short of supporting the incident price volatility, an extra amount of money (herein after "extra margin" provided that such extra margin shall constitute "margin money" for purposes of this Agreement and shall be subject to the terms and conditions hereof) sufficient to ensure that the total margin money available with AIL is equal to or greater than 5% of the aggregate Current Market Value of all Bullion in respect of such bullion order, will be required to be deposited with AIL. It is clarified that AIL may make a demand for extra margin more than once a day, depending upon the price fluctuations of Bullion.
7. AIL will inform the Customer about the requirement of extra margin over the telephone or any other agreed mode of communication. The Customer shall deposit the "extra margin" with AIL within 4 Hours of AIL informing the Customer about the extra margin or by 10 a.m. the next. Business day, whichever is earlier. The extra margin payment will be acceptable only in the form of a Pay-order, a Demand Draft or any other mode as accepted by AIL. Payment of the extra margin by an account payee cheque will not be accepted.
8. In the event of “fixed price” as stated in Clause 2 herein and has not deposited the extra margin as demanded by AIL, within the time frame as specified in clause 9 herein or has deposited only a part of the extra margin required, and the price of Bullion increases by 5%, AIL shall cancel the order of the Customer and any monetary loss incurred by AIL due to such non-payment will be recovered from the margin money and the extra margin if any, deposited by the Customer. In the event that such loss exceeds the aggregate of the margin money and the extra margin if any, deposited, the Customer is bound to reimburse AIL with the additional amount.
9. Although the Customer shall bear all costs/expenses/payments/taxes etc. without involvement of AIL’s funds in any manner whatsoever, AIL shall have unfettered rights to forfeit/utilise the margin money in the event of any default by the Customer. If any or all costs/expenses/losses mentioned elsewhere in the Agreement remain uncovered even after forfeiture of the margin money, the Customer shall without any demur/protest, deposit with AIL the amount of short fall immediately . AIL shall have the right to recover the uncovered amount from the Customer by any and all the means available to AIL for such recovery under law.
10. Customer agrees and confirms that AIL shall have the right to set off amounts provided by way of margin money for a specific Bullion Transaction against amounts due from the Customer in respect of any outstanding Bullion transaction whatsoever.
Stamp & Signature 5
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11.
price to AIL and on receipt of the delivery order. The Customer acknowledges that AIL shall be discharged of all liabilities once the Customer or his Authorised personnel hand over the duly signed Delivery challan to AIL’s representative or to the Warehouse’s representative.
17. In the event the delivery, as specified by the Customer at the time of placing the order is to be given at the Warehouse and the Bullion is not lifted as stated herein Clause 19, AIL shall hold the Bullion only on behalf of the Customer at his risk, costs (including but not limited to warehousing costs) and consequences. AIL shall not be liable or to be held responsible for the same.
Notwithstanding anything contained in this agreement, the Customer unconditionally agrees and undertakes that whenever and so often as the Customer is indebted to AIL, all margins, monies, assets and Bullion ("Property" for the purpose of this clause) lying with AIL to the credit of such Customer shall be subject to the first and paramount lien of AIL for any outstanding balance, margin or any other monies that may be due at any time by such Customer to AIL in respect of any transaction whatsoever under this Agreement and AIL reserves the right to deal with such Property under lien in a manner it deems fit. The Customer shall not assign, transfer or otherwise dispose of or pledge, hypothecate, mortgage or create any charge, lien or other form of security interest or permit any third party to have any interest in the Property, over which AIL has exercised its right of lien; and the Customer shall unwind any other existing pledge, hypothecation, mortgage, charge, lien or other form of security interest or encumbrance on such Property.
Nothing contained herein, including any failure by AIL to exercise such right of lien or waiver of such right of lien in whole or part, shall affect any rights or remedies available to AIL under the applicable laws for recovery of outstanding dues, balances, margins or any other monies under this agreement.
12. The Customer agrees and undertakes that it shall not make any request for redemption or withdrawal of the Margin money or revocation, modification, alteration or cancellationof any of the rights / authorisation / covenants / undertakings / acknowledgements hereunder, unless such request is accompanied by AIL’s prior written approval. Further, the Customer agrees and acknowledges that all additions and accretions to the Margin (including, but not limited to, interest thereon) shall also remain deposited with AIL and all such additions and accretions shall also constitute Margin for the purposes of this Agreement.
13. The Customer agrees to make full payment of the order placed (herein after “Purchase Price”) within 48 hours of placing the order and fixing the price of the Bullion. In the event the payment of the Purchase price is not received within 48 hours, the Customer shall pay Interest at the rate of 18% p.a on the total amount of the Bullion order placed. The interest will be calculated from the date of placing the order with AIL.
14. The Customer acknowledges that only after the Customer has deposited and AIL has received the entire amount payble towards Purchase price payable, shall AIL deliver the Bullion. In the event that the Purchase Price deposited with AIL, due to price fluctuations or for any other reason whatsoever, be less than the amount required then the Customer shall forthwith, upon request from AIL deposit the shortfall with AIL. The Customer shall pay all applicable costs and charges, Such shortfall shall be incorporated into the Purchase Price.
15. The Customer acknowledges that any Sales tax, Octroi charges, stamp duty, VAT, Service tax and any other taxes, cesses, levies or duties applicable in India, pertaining to the Bullion transaction shall be borne by the Customer.
16. On receiving the full payment of the Purchase, AIL will release a Delivery order, directing the Warehouse to provide delivery of the Bullion, the Customer undertakes to lift the entire lot of gold/silver as ordered, on the same day of making the payment of Purchase
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18. In the event the delivery, as specified by the Customer at the time of placing the order is “Door step delivery” and AIL being ready and prepared to deliver the same through the Warehouse delivery system, if the Customer is unavailable to take delivery of the same, AIL shall no longer be liable or to be held responsible for the same. AIL shall hold the Bullion only on behalf of the Customer at his risk, costs (including but not limited to warehousing costs) and consequences and shall instruct the concerned Warehouse personnel to return the Bullion to the Warehouse.
19. In the event of any delay/failure/refusal on the part of the Customer and/or its nominee or authorised personnel in arranging payment of any sales tax/service tax/cess/levy etc. and/or clearance/negligence and/or refusal to take delivery of the consignment for any reason whatsoever, all consequences arising therof, such as detention/demurrage/storage/carrying charges/any other charges including but not restricting to the interest incurred, involved in the tracsaction and/or loss/damages/deterioration in the quality etc shall be to the account of the Customer.
20. For the purposes of fixing the price of Bullion and taking delivery of the Bullion the Customer shall provide a Letter of Authority (in the prescribed format), stating the names of authorized persons alongwith the photographs, contact numbers and specimen signatures of the authorised persons allowing such persons to do such actions on behalf of the Customer.
21. The Customer agrees that the delivery of the ordered Bullion shall be given only to the authorised personnel of the Customer. In the event that there is any change in the list of Authorised personnel, the Customer shall keep AIL informed and shall also provide a revised Letter of Authority (in the prescribed format)with the relevant details of the Authorised persons. At no point in time shall AIL be held liable/responsible for any change in the Authorised personnel, not comunicated to AIL in writing.
22. The Customer declares that it is regularly engaged in the business of trading in Bullion and understands the risks involved in dealing in the same. It is hereby expressly agreed and understood by and between the parties hereto that AILshall in no manner be responsible or liable for any loss, harm or injury suffered or incurred by the Customer arising out of this Agreement, and more particularly on account of any potential or actual fluctuations of price of the Bullion.
23. The Customer confirms that the prices of gold/silver fixed by him with AIL shall be firm and binding on the Customer. The Customer will irrevicably recognize the price advised by him and shall be liable for all incidents thereof. The Customer confirms that the prices so recognized and fixed will be valid and subsisting even if subsequently any of the Customer’s representative(s) represents that he/she is not in agreement with the price quoted by AIL.
24. It is expressly understood by and between the Customer and AIL that the delivered weight shall be final, conclusive and binding on them. AIL will not entertain any claim whatsoever in relation to weight, quantity or quality of the gold/silver. It is further expressly understood that once the delivery of Bullion is handed over by AIL to the Customer, under no circumstances shall the Bullion be returned. AIL shall not accept back the delivered Bullion for any reason whatsoever.
25. The failure of AIL to enforce any provision of this Agreement shall not be construed as a waiver or limitation of AIL ‘s right to subsequently enforce and compel strict compliance with every provision of this Agreement. If any term or provision of this Agreement shall be invalid or unenforceable to any extent, the remainder of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
26. AIL may at its descretion allow certain one-time waivers of any provisions of this Agreement or the
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terms and conditions of sale as a special case. In such events, the Customer agrees and acknowledges that such a one-time waiver will not be held as a precedent by him for any future transcations. Unless expressly agreed upon by AIL, the provisions of this agreement and the terms and conditions, if any of the orders shall be binding upon the Customer at all times without any contest.
27. The Customer hereby indemnifies AIL generally against any action or harm arising out of this Agreement, and more particularly from and against:
a. any and all claims, demands, damages or liabilities suffered or incurred by AIL and all costs and expenses arising therefrom, resulting either directly or indirectly from any breach of this Agreement by the Customer;
b. any claim, loss, damages and cost of expenses, which AIL may be required to pay or suffer with regard to the order of the Customer relating to the order of gold/silver and
c. any and alll claims, demands, damages or liabilities suffered or incurred by AIL and all costs and expenses arising therefrom, resulting either directly or indirectly on account of the Customer having entered into this Agreement with AIL.
28. This Agreement shall remain in force for a period of 3 (three) years from the date of execution hereof unless earlier terminated in the manner provided in Clause 31 hereof.
29. This Agreement may be amended by exchange of letters which shall always form an integral part of this Agreement.
30. Either party may terminate this Agreement by giving to the other party one month’s written ontice (hereinafter the”Notice”) to this effect, whereupon this Agreement shall terminate on the expiry date of the said period of one month. Notwithstanding such Notice.
i) any Order placed prior thereto shall be binding on the Customer, and
ii) the provisions of Clauses 21 and 26 shall survive such termination.
31. If at any time during the continuance of this Agreement, AIL is unable to perform all or any of its duties and/or obligations hereunder on account of any reasons beyond the control of AIL, including, but not limited to, hostility, military action, civil riots, strikes, acts of God, acts of Government (incliding but not restricted to prohibition of import or trade of Bulion) or any other cause whatsoever which may be considered to be “force majeure”, then this Agreement shall cease to be binding on AIL and AIL shall not be obliged to process any existing or further Order for the Customer. In the circumstances aforesaid, AIL shall upon a written request being received from the Customer to that effect, permit the Customer to withdraw the margin money lying to the credit of the Account (to the extent that such margin money pertains to ordres which AIL is not in a position to process) after deduction of such amounts as may be due and payble to AIL by the Customer.
32. AIL reserves the right to withhold/cancel ordered/indented quantity as its option on account of ban, indented prohibition conditions, if any, imposed by the Government of india or any other Statutory or Regulatory body on import or trade of gold/silver and the same shall be communicated to the Customer accordingly. The Customer shall accept changes in the policy regarding bullion import by the Government of India from time to time and shall abide by it accordingly.
33. This Agreement shall be construed and governed by the Law of India, and each party hereto
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agrees to submit to the exclusive jurisdiction of the Courts in Ahmedabad for all purposes relating to this Agreement.
34. All disputes or differences inrespect of any matter relating to or arising out of disagreement amongst the Customer and AIL if the same is not resolved amicably, will be settled at Ahmedabad by Arbitration in accordance with the Arbitration rules of the Indian Council of Arbitration. A sole arbitrator jointly agreed by the Parties shall be appointed. The award of the Arbitrator shall be binding on both the Parties. The venue of arbitration will be Ahmedabad.
35. All notices, requests, consents, demands, directions, agreements or other instruments or communication between AIL and the Borrower required to be given hereunder shall be in writing and shall be (a) sent by private courier service, next day delivery, or by telefax or other similar form of rapid transmission, comfirmed by sending (by private courier service, next day delivery) written confirmation or (b) personally delivered to the receiving party or, if not an individual, to an officer or general partner of the receving party. All such communications shall be sent or delivered addressed as follows.
addressed as follows :
If to the Customer :
Attn. :
Fax :
If to AIL : Amrapali Industries Limited.
19-20-21, 3rd Floor, Narayan Chambers,
B/h. Patang Hotel, Ashram Road, Ahmedabad - 380 009.
Attn : Mr. Sunny Thakkar
Fax : 079 - 26584313
Any party hereto may, by notice given hereunder, designate any further or different addresses to which or subsequent notices, requests or other communications shall be sent. All such notices and other communications shall be effective when received.
SIGNED SEALED AND DELIVERED
by the within named Customer
by the hand of its duly authorized signatory
in the presence of
SIGNED SEALED AND DELIVERED
by the within named
Amrapali Industries Limited
by the hand of its duly authorized signatory
in the presence of
Stamp & Signature 9
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On the letterhead of the applicant and is to be Franked/Stamped
AUTHORISATION LETTER (Format)
To,
Amrapali Industries Limited.19-20-21, 3rd Floor, Narayan Chambers,
B/h. Patang Hotel , Ashram Road,
Ahmedabad - 380 009.
Sub. : Letter of Authorisation for trading in bullion with Amrapali Industries Limited.
Sir,
We would like to register as client for trading in bullion with you. In this regard, the
following presons would be authorised, on our behalf, to place orders, fix prices, give
instructions, sign documents or otherwise, transact, deal, and to do all such acts, deeds
and things as may be necessary for the purpose of trading in bullion with you.
S r .No. Name of person
DesignationE-mail Id
Contact No.
Photograph(with sign across
photograph)
Specimensignature
Documentsubmitted as
proof of identity
Any change in the list / above details of authorized persons will be intimated to you in writing. We hereby undertake that all acts. deeds and things lawfully done by the above mentioned person / persons shall be construed as acts, deeds and things done and executed by us and we ratify and / or undertake to ratify confirm and continue to confirm all such acts, deeds and things done by virtue of this letter of authorisation.
For (name of applicant)
(Name & signature with rubber stamp of applicant)
This document should be signed by :
Sole proprietor in case of proprietorship firm
All partners in case of partnership firm
Karta in case of HUF
Chairman / Managing Director / Company Secretary in case of company
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with Amrapali Industires Limited
Board resolution format for opening Bullion Purchase Account
EXTRACT FROM THE MINUTES OF THE MEETING OF BOARD OF DIRECTORS
OF (COMPANY’S NAME) DULY CONVENED & HELD
ON AT AT AND AT(D D - M M - Y Y Y Y) (PLACE / VENUE) (TIME)
WHICH PROPER QUORUM WAS PRESENT.
“ RESOLVED THAT Bullion Account be opened in the name and style of........................................
..............................................................(Company’s Name) with Amrapali Industries Limited having
their Head office at 19-20-21, 3rd Floor, Narayan Chambers, B/h. Patang Hotel, Ashram Road,
Ahmedabad - 380 009.
“RESOLVED FURTHER THAT either of the following persons either singly or severally be and are
hereby authorized to sign all documents related to opening of the said account.
1.
2.
3.
4.
“ RESOLVED FURTHER THAT either of the following persons either singly or severally be and are
hereby authorized to sign all documents related to operations of the said account and to place orders,
fix prices, take delivery, give instructions, sign documents or otherwise, transact deal and interact
with Amrapali Industries Limited for the purpose of purchase of bullion from Amrapali Industries
Limited.
1.
2.
3.
4.
That this resolution shall remain in force until noticce in writing of the withdrawal (or) cancellation is
given to the Depository Participant by Directors of the Company”.
Certified as true
Name & Signature
Designation : Chairman / Managing Director / Company Secretary
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Format For ‘DECLARATION BY KARTA’ (In case of HUF)
Date
To,
Amrapali Industries Limited.19-20-21, 3rd Floor, Narayan Chambers,
B/h. Patang Hotel , Ashram Road,
Ahmedabad - 380 009.
Subject : Our HUF and all co - parceners details for bullion trading with your company
Dear Sir,
Details of our HUF and all its co - parceners are stated below. The co-parceners agree to
abide by and be bound by all the decisions / actions of the Karta with respect to dealings of
with you.
I hereby, state that details mentioned as above are true and any change in them would be intimated to you in writing.
Sr.No.
Particulars Name GenderDate of
BirthRelation to
KartaSignature
Karta
Co-parcener 1
Co-parcener 2
Co-parcener 3
Co-parcener 4
Thanking you,
Yours faithfully,
For
(Name & Signature of Karta with the appropriate Karta stamp)
(Name of HUF)
(Name of HUF)
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