Contract for providing laptops on loans to employees
Hi, I am the manager of a higher secondary school in Manipur (www.stpaulsinstitute.in). Our school plans to provide laptops to our teachers on instalment basis. For this we believe that some sort of a contract, even if it's only as a formality, is required to protect ourselves from any misunderstanding which could arise later. My question is, if we draft our own contract will it be enforceable by law? Or do we need it to be drafted by a lawyer? Moreover, If the use of lawyer is not a necessity, can you please suggest or provide a sample contract which we can edit to suit our individual requirements? Thank you so much.
Asked in Business Law from Churachandpur, Manipur
1) you can draft your own contract if you so desire but it is better you get drafted by a lawyer .
2) the contract should contain clauses regarding price at which laptops are provided , number of installments payable
3) further it should contain that in event installments are not paid what would be the consequences .
4) provision should be made that in the event school teachers leaves the school she would return the laptop . in addition in case she fails to return liability to pay the price of laptop with interest .
5) there should be an arbitration clause for resolution of all disputes .
6) we dont provide any formats
1. You are silent as to whether the school is private aided or govt. aided.
2. In the earlier case the govt. issues gadgets through govt. auhtrodations only.
3. in the latter case some sort of Bond/Agreement is better be executed and it should be drafted through an advocate.
4. The formats are difficult to supply here as it needs to be customised on the points of particular cases.
Hi. The school is a Private school. If I draft my own Contract/Agreement without using and advocate, is it still legal? Also, do I need to use any particular paper (like a Stamp Paper etc) for the Agreement, or is a normal plain paper legally acceptable? Thank you.
Asked 2 years ago
1. Agreement to become enforceable does not require to be drafted through an advocate. However people prefers to do as drafting an agreement containing relevant terms and conditions involves skill which an advocate is expected to possess.
2. Better get that agreement printed and signed on a Rs. 50/- non-judicial stamp paper.
If you think that you are able to draft the agreement then there is no need of any advocate for draft the agreement.
The agreement should be printed/draft on Rs. 50-100/- Non-judicial Stamp paper.
the agreement should be signed by both the parties before the witnesses and the witnesses should also be signed on this, if possible then notarized the same, it will be better for future, if any dispute arise.
Advocate, New Delhi
1it is better you get it drafted by local lawyer .
2) if you can draft agreement on your own and do not require lawyer services you can do your own drafting
3) it would be enforceable in court of law .
4) you can have agreement printed on stamp paper or have the agreement franked
1. You can draft the agreement yourself also mentioning all the required clauses therein,
2. It should mention that the School will have the title of the laptop till the entire amount is paid by the teachers,
3. It should mention the terms and conditions of EMIs to be deducted automatically from the monthly salary,
4. In case any teacher resigns from the school before the entire amount is repaid, the balance amount will be deducted from the receivables of the said teacher,
5. Basic format can be had from other law sites.
1. When agreements are drafted, it need not be mentioned anywhere who has drafted it,
2. For that matter you yourself can draft it though you are adviced to take the help of a local lawyer since it will not be expensive,
3. Get the agreement computer printed on Rs.50/- Non-Judicial Stamp paper and Demi paper.
Make an agreement of normal format which you can search in Google.
2. Add th clauses as per your need as you said. Conditions of use of the laptop.
3 Include the clause of legal liability in terms of personal usage on net under the cyber law and I. T. Act
4. Add compensatory clause in case of loss,misuse.
The agreement can be made on a legal size or any other paper which can be franked for Rs. 100. You can also print it on 100 rupee non judicial stamp. paper
The signature of both parties and date is also needed
1. The agreement can be drafted by you if you consider yourself competent to do so. There is no legal requirement of getting it drafted by a lawyer. However, it is advisable to get it drafted by a lawyer if you can afford his legal fees. The agreement will be the foundation of your rights in the event a dispute reaches the court.
2. We do not provide any formats here, nor do such formats sustain in the court.
3. Get the agreement drafted on a Rs.50 non judicial stamp paper.
4. Last but not least, get the agreement registered.
any one can draft agreement because it is presumed that each person has basic legal knowledge. but if you drafted such agreement by lawyer then you'll be get some additional benefits.
lawyer is the best person who know technicalities of contract and how to avoid unnecessary litigation etc. the agreement you draft is called standard form of contract and opposite party have no choice to amend in any provision therein. either he accept or reject it. but such standard form of contract is governed by some guidelines which have been given by High courts and supreme court in their decisions and general public have no knowledge about it. so I advice you to contact a lawyer and draft your agreement.