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Non Refundable Deposit Agreement Template for India

This document is a legally binding agreement governed by Indian law that establishes the terms and conditions for a non-refundable deposit payment between parties. It specifies the deposit amount, payment terms, and explicitly states the non-refundable nature of the payment. The agreement complies with the Indian Contract Act, 1872, and related legislation, providing clear terms for when and how the deposit is to be paid, the purpose it serves, and the circumstances under which it remains non-refundable. It includes necessary provisions for legal enforcement under Indian jurisdiction and typically relates to property transactions, business acquisitions, or service contracts.

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What is a Non Refundable Deposit Agreement?

The Non-Refundable Deposit Agreement is a crucial document used in Indian business and property transactions to secure commitments and mitigate risks. This agreement is typically employed when one party needs to demonstrate serious intent in a transaction by providing a non-returnable deposit, such as in property purchases, business acquisitions, or significant service contracts. It must comply with Indian contract law, particularly the Indian Contract Act, 1872, and may require registration under specific circumstances. The document includes essential details such as deposit amount, payment schedule, explicit non-refundability clauses, and the conditions under which the deposit is forfeited. It's particularly important in high-value transactions where parties need to establish firm commitments and allocate risk effectively.

What sections should be included in a Non Refundable Deposit Agreement?

1. Parties: Identification and details of all parties to the agreement

2. Background: Context of the agreement, including the purpose of the deposit and the underlying transaction

3. Definitions: Definitions of key terms used throughout the agreement

4. Deposit Amount and Payment: Specification of the deposit amount and payment terms

5. Non-Refundable Nature: Clear statement of the non-refundable nature of the deposit and specific circumstances under which this applies

6. Purpose of Deposit: Detailed explanation of what the deposit is securing or its intended use

7. Representations and Warranties: Statements of fact and promises made by both parties

8. Default and Consequences: Actions constituting default and their consequences

9. Notices: How and where formal communications between parties should be made

10. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

What sections are optional to include in a Non Refundable Deposit Agreement?

1. Multiple Payment Schedule: Include when the deposit is to be paid in installments

2. Third Party Rights: Include when there are third parties who may have rights or obligations under the agreement

3. Force Majeure: Include when parties want to address circumstances beyond their control that might affect the agreement

4. Conditions Precedent: Include when there are specific conditions that must be met before the deposit becomes non-refundable

5. Assignment: Include when either party may need to transfer their rights or obligations

6. Confidentiality: Include when sensitive information will be exchanged as part of the transaction

7. Electronic Execution: Include when the agreement may be signed electronically

What schedules should be included in a Non Refundable Deposit Agreement?

1. Payment Schedule: Detailed breakdown of payment amounts and dates if multiple payments are involved

2. Property Details: If the deposit relates to property, detailed description of the property

3. Underlying Transaction Details: Details of the main transaction for which the deposit is being paid

4. Bank Account Details: Specified bank account information for deposit payments

5. Contact Details: Detailed contact information for all parties and their representatives

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Publisher

Ƶ

Document Type

Deposit Agreement

Sector

Banking

Cost

Free to use

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