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Execution of the Delivery Services Agreement between Rimjhim Optics Pvt Ltd and Delhivery Limited
First Amendment to Service Agreement - Expansion of delivery zones to include Tier 2 cities
Implementation of new tracking system and API integration completed
Quarterly Performance Review - Achievement of 98.5% delivery success rate
Contract renewal negotiation initiated for extended 3-year term
Dispute regarding delivery delays in North Zone during monsoon season
Resolution of dispute through mutual settlement and SLA adjustment
Implementation of new last-mile delivery optimization system
Annual contract review and rate card revision
Expansion of service to include reverse logistics operations
The claimant alleges that the respondent has used their patented technology without permission or licensing.
The respondent argues that their technology was independently developed and does not infringe on the claimant's patent.
This dispute centers on the validity of the patent claim and the similarity between the two technologies. Expert testimony and detailed technical analysis will be crucial in resolving this issue.
The claimant argues that the respondent breached the contract by failing to deliver the agreed-upon services within the specified timeframe.
The respondent contends that unforeseen circumstances led to delays, and that they communicated these issues to the claimant in a timely manner.
The key issue revolves around the timely delivery of services and the communication of delays. Both parties will need to provide evidence to support their claims, including contract terms, communication records, and documentation of any unforeseen circumstances.
The claimant alleges they were passed over for promotion due to their age, violating anti-discrimination laws.
The respondent maintains that the promotion decision was based solely on merit and performance criteria.
This case will examine the company's promotion practices, the qualifications of the promoted individual versus the claimant, and any evidence of age-based bias in the workplace.
The claimant, an environmental agency, asserts that the respondent company has exceeded permitted pollution levels.
The respondent argues that they have adhered to all regulations and that the testing methods used by the agency are flawed.
Resolution of this dispute will require a thorough review of environmental regulations, the company's compliance records, and an assessment of the validity of the testing methods employed.
The Plaintiff's claim is time-barred under Clause 6 of the Agreement, which stipulates a mandatory 72-hour window for filing claims after shipment closure.
However, it is agreed between the Parties that the Merchant will not challenge and the Service Provider will not accept any dispute with regard to lost and/ or damaged Shipment and/ or lost or damaged POD, initiated by the Merchant post 72 hours of Shipment closure (Delhivery Services Agreement).
The document from the Delhivery Services Agreement contradicts the Plaintiff's statement by implying that claims made after 72 hours will not be accepted, but does not explicitly state that the claim is time-barred.
The respondent failed to deliver the goods within the agreed 5-day timeframe as per the contract.
Clause 4.2 of the contract states: 'Delivery timelines are subject to force majeure events and may be extended by up to 3 business days without penalty.'
The contract clause provides a potential extension to the delivery timeline, which contradicts the absolute nature of the claim in the pleading.
The claimant asserts that full payment was due upon delivery of goods.
Invoice terms state: '50% payment due upon order confirmation, remaining 50% due within 30 days of delivery.'
The invoice terms contradict the pleading's claim about payment timing, showing a discrepancy in the understanding of payment terms.
The respondent argues that the product defect is covered under the 2-year warranty.
Warranty certificate states: 'This warranty does not cover damage resulting from improper installation or maintenance.'
The warranty certificate introduces a potential limitation to coverage, which may contradict the blanket warranty claim in the pleading.
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