CONTRACT AGREEMENT – EDITED
CC /NAFCO/002/17 Date: xxx
This Agreement is made
Between M/s. xxx Contracting LLC (here after called first party), P.O. Box No. 31537 Dubai, UAE.
(Herein after referred to as “the Main Contractor”)
Ad M/s. xxx Electromechanical Co. LLC (here after called second party), (Herein after referred to as “the Sub-contractor for supply and installation for the Hollow Metal Door).
Project : 2B+G+14+LOWER HOTEL BUILDING
Plot No. : 3731297
Location : Al Barsha, Dubai, U. A. E.
Consultant : xxx Consulting Architect & Engineers
Whereas the First Party is desirous to execute internal and external hollow metal door activities for the projects through the Second Party under the unit rate basis for supply and installation as per the prevailing rules and regulations in the United Arab Emirates. As well as finishing as per client approval with warranty for requirement of performance, Therefore the two parties here of have agreed as follows:
Article-1
1.1 Scope
- The scope as agreed nomination attachment ref. no CM/AP/0066/17 dtd 22nd May 2017 and the nomination document including Volume -1 condition of the sub contract (June 2016) from page no 1 to 258. with modified terms and condition (The contract terms and condition to be followed, if not matching with the quotation term and condition of quotation).
- Main contractor terms and condition which is written in this document to be considered as part of the contract.
- The Sub-contractor shall verify if openings are as per the IFC schedule and drawing in order to prepare Shop drawings.
- The Door opening as per the drawing and approval.
- The drawing and submittals to be completed within 15 days upon signing of the LPO.
- Quantity to be re measurable and final value to be adjusted as per quantity supplied and fixed.
- No additional cost provided for accessories if DCD will not approved the submittal.
- Push bar and door closer as per approval and by DCD.
1.2 Material approval/ color shade
- Material as per the approval by the client/consultant and DCD requirement.
- One sample of the approved set to be prepared for individual record of the sample.
- The final coat to be defect free and to be accepted by the consultant/client for their satisfaction/final paint color and finishes sample to be provided on sample board with catalog.
Article-2
Cost/Payment terms & Condition
2.1 Unit price as per contract document and cost of the contract as per quotation AED
49,700.00(AED Forty Nine Thousand Seven Hundred only) will be re adjusted as per final quantity. The price mentioned herein is exclusive of any taxes which may be imposed by the government and shall be charged separately.
- Addendum to nomination for hollow metal door AP/269/CC/439 to be followed.
Ad-1) 50% against delivery on material cost as CDC, the cheque copy should be sent to clients before delivery.
Ad-2) 40% against installation of material and submission of certified WIR as CDC, cheque to be released within7 days from submission of invoice, as agreed by Citymax.
Ad-3) 10% retention will be released as follow:
- 5% retention to be released against submission of NAFFCO Civil Defense Certificate warranty certificate and contract closer document to the contractor.
- Balance 5% will be released after 12 months from submission of NAFFCO Civil Defense Certificate. Warranty to be three (3) years against manufacturing defects.
Ad-4) Terms and conditions shall remain same as per contract documents.
Ad-5) All payment will be directly paid by client and same will be settled/adjusted in the contract sum in due course of time..
Article-3
Quality & warranty
3.1 Inspection to be raise at every stage before fixing and after fixing.
3.2. The surface finishing as well as welding and edges must be defect free and to be approved by consultant and user friendly with safety and operation.
3.3. Material must be submitted immediately for material approval by the consultant and only approved material to be used.
3.4 Shifting the material by sub-contractor only crane will be provided by main contractor.
3.5. Any damage during the fixing the sub-contractor responsibility to keep safe and sound/damaged free.
3.6. The defect liability period as per agreed with Citymax shall be one year from the dated of handing over of sub-contract works from Sub-contractor to Main Contractor.
3.7. The fir rated certificate and stickers to be provided including certificate required by civil defense.
3.8. QA /QC policy, procedure and document to be provided.
3.9. Project organization and their contact number communication protocol to be provided.
Article-4
Schedule
4.1 Main contractor schedule to be followed and sub-contractor must provide their own schedule within the milestone provided by the main contractor.
Article-5
Health Safety and House keeping
5.1 Health card and visa copy must be submitted to the safety officer.
5.2 Health and safety regulation to be followed any Individual variation will be fined AED100 with 1st notice.
Article-6
Material stacking/scaffolding
6.1 The material to be stored by main contractor.
6.2. Door finishes to be protected during transportation /loading /offloading as well as during fixing.
6.3 Any snag list issued by main contractor to be rectify up to their approval and any minor scratch to be eliminated during the handing over.
Article-7
Termination
7.1 Any dispute will be resolved amicably or will be resolved within jurisdiction Dubai court of law.
7.2 Only the work completed measurement will be considered, no payment to be made for any incomplete work.
Article-8
8.1 If sub-contractor fail to deliver as per agreed schedule maximum penalty as agreed with Citymax maximum 10% of 2nd party contract value as estimated or final invoice value.
Article-9
9.1 The following attached document will be considered the part of the document attached herewith.
- Main Contractors term and condition page no 1/15to 2/15 dated 11th June 2017 including all document from Volume no -1 Condition of the sub-contractor page no 1 to 258.
- Other nomination document from page no 3/15 to 14/15
Agreed by
For M/s xxx Contracting LLC, For M/s.
(First party)
xxx xxx Electromechanical Co. LLC
Project Manager Name:
Signature:
Position: