A catering agreement is a legal contract between a catering service provider and a client or customer who wishes to engage their services for an event or occasion. It outlines the terms and conditions of the catering arrangement, ensuring that both parties understand their rights and obligations. Parties can change the terms of agreement according to their requirement. In this agreement, Educational Institute give the catering contract to run a canteen in the institute. If same vendor also run the hostel mess, clauses like minimum number of students, meal and rates can also be included the contract.
This agreement is made at __________________________ on this _________day of _______________________
M/s. ____________ Society, registered under the Registration of Societies Act of 1860, having its Registered Office at _______, _________, New Delhi through the Director, Sh. _____________________________ hereinafter referred to as “MTI” which expression shall, unless repugnant to the context or meaning hereof, mean and include its successors of the First Part:
M/s. CD Store, a Proprietary Firm under the Proprietorship of Mr. _________ having its office at _______ ____________________________ Delhi through its Prop. Mr. _____________ hereinafter, referred to as “CD Stores”, which expression shall, unless repugnant to the context or meaning hereof, mean and include its successors of the other part.
Whereas the society is running an Educational Institute situated at _________, ________, _________, _______ in the name of MTI.
And whereas MTI has constructed a staff cafeteria in the Institute premises and desires to appoint a caterer for providing catering services in the said cafeteria:
And Whereas CD Stores claims to be specialized in providing catering and hospitality services :
And whereas MTI has decided to appoint CD Stores for providing the Catering Services to MTI at the above stated Institute premises at ______________________________ _________, _________.
NOW THEREFORE THIS CATERING AGREEMENT WITNESSES AS UNDER :-
1. MTI hereby appoints CD Stores to provide the catering services for its staff cafeteria and the students in the Institute premises at _________________________, _________.
2. This agreement is initially for a period of One Year w.e.f. ________________and can thereafter be extended on mutual agreement subject to such terms as the parties thinks just fit and proper.
3. MTI shall provide the canteen premises comprising of a cafeteria alongwith a kitchen admeasuring ________________________sft. approx. situated on the Ground Floor of the Institute premises to Bansal Stores. The site plan of the said premises is Schedule-I to this agreement.
4. It shall be the responsibility of CD Stores of furnish the premises with complete fixtures and fittings including electrical fitting, such as fans, TUBE LIGHTS, BULBS, EXHAUST FANS, GAS CYLINDERS ETC. CD Stores shall also carry out all minor repairs such as replacement of bulbs and tube lights etc. However, structural repairs, if any, shall be the responsibility of MTI.
5. MTI shall provide continuous hot and cold water supply to CD Stores. In the event of failure of water supply, it shall be the responsibility of MTI to supply potable hot and cold water to CD Stores in the subject premises through an overhead water tank. CD Stores shall pay fixed water usage charges amounting to Rs.500/- p.m.
6. MTI shall also provide continuous electricity supply to the subject premises, either through main line or through the generator for and the electrical charges shall be borne by CD Store as actual basis.
7. All the kitchen equipments for cooking purpose, which shall be brought and maintained by CD Stores.
8. CD Stores arrange for all the Kitchen Operating Supplies including crockery, which shall be maintained by CD Stores. CD Stores shall ensure that all the utensils are clean and hygienic and shall endeavour to provide disposal utensils etc.
9. CD Stores shall provide lunch and snacks for the staff and students of MIT at the following time and/or as per the schedule given by the MIT.
|(Morning to Evening
|12:30 a.m. to 02:30 p.m.
|Tea & Snacks
|04:00 a.m. to 05:00 p.m.
10. The Menu and the prices to be fixed shall be fixed by a Committee constituted by Educate India Society which shall comprise of the Faculty, Students and Contractor. The prices shall be reviewed after three months. The menu shall be only vegetarian and no alcoholic beverages or smoking would be permitted in the canteen.
11. CD Stores shall provide _________ Society its PAN No., PIN No., Sale Tax No. and shall ensure that it complies with all the statutory requirements of the Local Govt. The contractor shall indemnify ______________ Society for any claims or losses incurred by ___________ Society for the contractor’s failure to comply with the statutory requirements of the local Govt.
12. The contractor shall provide for a Reverse Osmosis Water Filter for drink.
13. CD Stores shall also be authorized to sell stationary items from the canteen during the subsistence of the present contract.
14. The rates fixed by the committee constituted by __________ Society shall be inclusive of all taxes and the contractor shall not charge any amount over and above the rates mentioned in the rate list.
15. All the employees working in the canteen shall be the employees of CD Stores and the contractor shall ensure that all the statutory requirements i.e. minimum wages, provident fund, gratuity, bonus, leave encashment, overtime are complied with. In case of failure to do so, CD Stores shall indemnify _________ Society and MIT for all claims that may be initiating by anybody for the failure of CD Stores to comply with the statutory requirements.
16. That CD Stores shall provide uniform to its staff and shall ensure that the staff and the premises are clean.
17. ___________ Society can at any time inspect the premises and in case it is found that the contractor is not abiding by the terms of the present agreement, they are well within the rights to revoke the present contract giving one month’s notice to the contractor.
18. The CD Stores shall charge the price in cash from the staff members and students at the rates decided by the Committee. The said rates shall be inclusive of all Taxes i.e. Sale Tax, Service Tax and/or any other Tax.
19. It shall be the responsibility of CD Stores to arrange for raw material for preparation of the meals. CD Stores shall ensure that good quality of the materials is used by them for preparation of the food. The food shall be fresh, hygienic, clean and within the expiry period.
20. CD Stores shall use LPG for preparation of the food. It shall be the responsibility of CD Stores to arrange for re-filling of the LPG cylinders at their own cost including maintenance of the gas pipelines. CD Stores shall ensure LPG and fire safety at the canteen.
21. CD Stores shall employ the cooks and other persons for preparation of the food. CD Stores shall give employment to their employees after verifying their antecedents and subject their submitting medical certificates.
22. CD Stores shall issue Identity Cards bearing photographs of its employees and other person for gate entry. All employees shall be liable for search at entrance and exit.
23. CD Stores shall maintain minimum one week’s stock of the raw material such as the flour, sugar, tea, butter, besan oil, potatoes, onion, condensed milk etc. However, green vegetables and milk shall be procured on day-to-day basis.
24. CD Stores shall maintain all such records as are required under law and shall be responsible for all the statutory and other liabilities towards their employees.
25. CD Stores shall take due care and caution in respect of the premises, kitchen equipments and operating supplies provided to them by MIT who shall be responsible for the replacement of steel trays and other kitchen hollowware after their life is over.
26. CD Stores shall be responsible for the loss, if any caused due to the negligence or willful act of their employees.
27. CD Stores shall maintain kitchen premises at their own cost. However, the maintenance shall include cleaning only.
28. CD Stores shall use vegetable oil for preparation of the articles. For sweets, sugar shall be used. (Vegetarian)
29. This agreement can be terminated without assigning any reason by either side by giving 45 days written notice to the other side.
30. No amendments, modification, supplement, waiver or variation of the Agreement shall be binding or have any effect unless in writing and signed by or on behalf of the parties to this Agreement.
31. In case of any disputes or differences between the parties, arising out of the present agreement, the same shall be solely decided by the Chairman, MIT, whose decision shall be final and binding on the parties.
IN WITNESS WHEREOF the parties have executed this Agreement on the day, month and year first above written in the presence of the following witnesses.