Breach of Contract Notice - Template, Sample Form Pro · IN-law

Valid in India · drafted to comply with local law

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Breach of Contract Notice - Template, Sample Form
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Date: ________

Ref. No.: ________

BY REGISTERED POST WITH ACKNOWLEDGEMENT DUE / EMAIL / SPEED POST


FROM:

________

________

CIN / Registration No.: ________

GSTIN: ________

Authorised Representative: ________

Designation: ________

Email: ________


TO:

________

________

CIN / Registration No.: ________

Kind Attention: ________

Designation: ________

Email: ________


Dear Sir/Madam,


RE: NOTICE OF BREACH AND DEMAND FOR RECTIFICATION UNDER ________ DATED ________


This notice is issued under instructions from and on behalf of our client, ________ (hereinafter the “Aggrieved Party”), to you, ________ (hereinafter the “Defaulting Party”).

§ 1. The Agreement

1.1 We refer to the ________ dated ________ executed between the Aggrieved Party and the Defaulting Party (hereinafter the “Agreement”), which constitutes a valid and binding contract enforceable in accordance with the provisions of the Indian Contract Act, 1872.

1.2 The Agreement was entered into for lawful consideration and continues to subsist and bind the parties as on the date of this notice.

§ 2. Obligations of the Defaulting Party

2.1 In terms of the Agreement, the Defaulting Party is, inter alia, obliged to perform the following:

________

§ 3. The Breach

3.1 The Aggrieved Party regrets to record that the Defaulting Party has, in breach of the Agreement, committed the following default(s):

________

3.2 The aforesaid acts and/or omissions constitute a breach of the following section(s)/clause(s) of the Agreement: ________.

3.3 The breach occurred on or about ________. Documentary evidence substantiating the said breach is annexed hereto for your ready reference.

3.4 By reason of the said breach, the Aggrieved Party has suffered loss and damage which it is entitled to recover under Sections 73 and 74 of the Indian Contract Act, 1872, together with such other reliefs as may be available in law and equity.

§ 4. Demand for Rectification

4.1 The Aggrieved Party hereby calls upon the Defaulting Party to forthwith rectify the breach and, without limiting the generality of the foregoing, to:

(a) take the following specific actions to cure the breach:

________

(b) pay to the Aggrieved Party a sum of ________ towards damages/losses occasioned by the breach, where applicable; and

(c) within a period of ________ days from the date of receipt of this notice, acknowledge receipt hereof in writing and furnish unconditional confirmation that the breach has been/will be remedied and shall not recur.

§ 5. Consequences of Non-Compliance

§ 6. Governing Law, Jurisdiction and Dispute Resolution

6.1 The Agreement and this notice shall be governed by and construed in accordance with the laws of India.

6.2 Subject to any arbitration agreement contained in the Agreement, the courts at ________ shall have exclusive jurisdiction over all matters arising out of or in connection herewith.

6.3 Any dispute arising out of or in connection with the Agreement shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, with the seat and venue of arbitration at ________.

§ 7. Reservation of Rights

7.1 This notice is issued without prejudice to any and all rights, remedies and claims of the Aggrieved Party under the Agreement and applicable law, all of which are expressly and unconditionally reserved.

7.2 Nothing contained herein shall be construed as a waiver, abandonment, relinquishment or estoppel of any such rights or remedies, whether accrued in the past, subsisting in the present or arising in the future.

Kindly govern yourself accordingly.


Yours faithfully,

For and on behalf of ________



___________________

Authorised Representative: ________

Designation: ________


Enclosures: ________

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