The Supplier Lien Waiver is a crucial document in Indian commercial transactions, particularly in construction, manufacturing, and large-scale project contexts. It is typically used when a supplier has provided goods or services and needs to formally waive their right to place a lien on the property or materials involved. The document becomes necessary either upon receipt of payment or as a condition for receiving payment, depending on the agreement terms. Under Indian law, this waiver must comply with the Indian Contract Act, 1872, and other relevant legislation, making it a legally binding document that protects both the property owner and the project manager from future lien claims. The waiver typically includes specific project details, payment information, and clear waiver language, ensuring all parties have clarity on the rights being relinquished.
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1. Parties: Identification of the supplier providing the waiver and the party receiving the waiver, including full legal names and addresses
2. Background: Context of the supplier relationship, reference to the original contract/purchase order, and brief description of goods/services provided
3. Definitions: Key terms used in the waiver, including 'Lien Rights', 'Project', 'Contract', and 'Payment'
4. Acknowledgment of Payment: Confirmation of payments received, including specific amounts and payment dates
5. Waiver and Release: Express waiver of all lien rights related to the specified goods/services/project
6. Representations and Warranties: Supplier's confirmation that they have authority to waive liens and that no assignments of lien rights have been made
7. Governing Law: Specification that Indian law governs the waiver and jurisdiction for disputes
8. Execution: Signature blocks and execution requirements
1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of specified payment
2. Retention of Rights: Include when supplier needs to retain certain rights or for amounts not yet due
3. Indemnification: Used when additional protection is needed against third-party claims
4. Previous Payments: Include when there is a payment history that needs to be documented
5. Subcontractor Acknowledgment: Required when there are subcontractors involved whose rights need to be addressed
6. Notarization Block: Include when notarization is required for the specific transaction or jurisdiction
1. Schedule A - Project Details: Detailed description of the project or work performed
2. Schedule B - Payment Details: Itemized list of payments received and/or pending
3. Schedule C - Contract Documents: List of relevant contract documents, purchase orders, and amendments
4. Appendix 1 - Supporting Documents: Copies of relevant invoices, delivery receipts, or other supporting documentation
5. Appendix 2 - Corporate Authorizations: Corporate resolutions or authorizations if required
Relevant legal definitions
Clauses
Relevant Industries
Construction
Manufacturing
Infrastructure
Real Estate Development
Industrial Production
Engineering
Mining
Oil and Gas
Renewable Energy
Commercial Development
Healthcare Construction
Retail Development
Relevant Teams
Legal
Procurement
Finance
Operations
Commercial
Risk Management
Supply Chain
Project Management
Contracts Administration
Vendor Management
Relevant Roles
Project Manager
Procurement Manager
Contract Administrator
Legal Counsel
Construction Manager
Supply Chain Manager
Finance Manager
Commercial Director
Operations Manager
Risk Manager
Chief Financial Officer
General Counsel
Site Supervisor
Procurement Director
Vendor Manager
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