Pharma contract

Sir,

You cannot add something to get your agreement enforced between 2 and 3 party, but as a matter of abundant precaution you can add that any problem between 2 and 3 party or something like that shall have nothing to do with and your contract is with 2nd party .... So that in future the 2nd party cannot defence that you were are of the presence of the 3rd party and all...

Make is a simple contract between you and 2nd party .... Don't make it three party contract but you can mention that your dealing with would be with the second party .....

Regards

Kapil Chandna

9899011450

You can add as many clauses if these are acceptable to Company A.

Dear Sir, it will be better for you to try and sign the contract directly with the manufacturer, with company A as the Intermediary / Consultant.

This way you will be able to save yourself if there is any manufacturing defect and keep closer tabs on the manufacturing process and final drug quality.

Thanks for all of your's valuable inputs. It seems that even if Company-A outsources it to someone (Company-B), they (Company-A) are bound by the agreement and they should cater all which is covered in agreement. Even if something goes wrong in manufacturing, packing  & delivery Company-A is responsible. Also it's Company-A's responsibility to get everything done.

We have mentioned that "Disputes if any shall be adjudicated under jurisdiction of Amritsar Courts only." 1. Should I register the agreement in Amritsar? 2. If I register the agreement in chandigarh (company-A's city) and file a case in Amritsar (when required), Will there be any problem/contradiction? Will I have to file the case in Chandigarh (since agreement is registered in Chandigarh) even after writing "Disputes if any shall be adjudicated under jurisdiction of Amritsar Courts only."

It is advisable to register the Contract at Amritsar, if you want the territorial jurisdiction of Amritsar Courts to apply. Normally, the jurisdiction of the Courts where the Contract is executed (signed) is applicable and the contract can ordinarily be registered only in the place where it is executed.

The parties by contract or mutual agreement cannot waive off the natural law and change the territorial jurisdiction (unless you put in an Arbitration Clause, which is specifically provided for under The Indian Arbitration Act).

The agreement can be registered in Chandigarh also, there is no  legal infirmity in it. Disputes in the later stage will be within Amritsar.

It is advised to show your Agreement pertaining to Manufacturing to legal person in case you have dought that it is missing something 

I showed it to an advocate in my city who said that as per contract act even If I do not register and only Notarize, the agreement will carry/hold legal value and the court will recognize it. How correct is it.