Our Ref: xxx
Date: xxx
To : xxx Middle East,
P.O.Box xxx,
Dubai – UAE.
Attention : Mr. xxx
: Project Manager
Project : xxx Towers Project, Dubai
Subject : Closure of NCR-xxx for modified flush tanks.
Dear Sir,
This is in reference to NCR-245 which you have forwarded to us on 12 October xxxx and which relates to modified flush tanks installed in our pods.
Firstly, we must make it absolutely clear that this NCR is not related to any non-conformance by Xxxx.
We remind you that these flush tanks are Free Issue materials supplied by xxx and which have been modified following written instruction of xxx prior to installation in accordance with the directives of the manufacturer which have been shared by xxx as attachment to the instruction (appendix 1).
Accordingly, Xxxx has strictly complied both with your instructions and with the communicated manufacturer directives.
Secondly, we must record the following:
- This NCR was initially received from xxx on 20 July xxxx and Xxxx has responded on 27 July xxxx. Surprisingly, after more than 14 months, we have received on 12 October xxxx the rejection to the NCR response with a new instruction from xxx to rectify works performed under your previous instruction on already approved pods.
- On the other hand, we have already provided you via email on 13 October xxxx (appendix 2) our rate to undertake the abortive works of replacing the flush tanks on site. This rate is AED xxx per pod, and excludes the price of the flush tanks which are Free Issue materials supplied by xxx.
As these flush tanks are Free Issue materials, any abortive works will require that you procure and make available replacement units on site.
Moreover, should you wish that Xxxx proceed with these abortive works on site, you are kindly requested to confirm your acceptance of our communicated rate.
In the event you do not agree with our rate to execute these abortive works on site and elect to proceed with these works at your own discretion, please note that no works can proceed inside the pods without the strict supervision by Xxxx at the risk of voiding our warranty.
We record again that Xxxx are not responsible for this NCR which relates to Free Issue materials of xxx. Xxxx will not be held responsible under any circumstances for any delay in closing this NCR by the Contractor either by delaying approval of our rate for abortive works or by delaying the supply of replacement Free Issue material.
We look forward to receiving your response to plan our resources accordingly.
Yours faithfully,
On behalf of xxx LLC
xxx
Project Manager
