Our Ref: xxx
Date: xxx
To : xxx Mideast
Oman Branch
Attention : Mr. xxx Sing
Project : xxx Building, Oman
Subject : Response to delay in replacing the defective bathroom fittings- appointing third party
Dear Sir,
We are in receipt of your letter REF.NO. xxx dated 21 February xxx and we would like to note the following:
First we entirely reject any penalties/LD whatsoever to be imposed on Xxx.
The items you are requesting to replace have been damaged on site following the use of improper cleaning materials as confirmed by the manufacturers. The same was highlighted previously by Xxx. (appendix 1).
Accordingly, none of the relevant manufacturers accepted to consider this damage as a defect covered by warranty but as a good will toward the project, Xxx have ordered the replacement materials and will bear the cost.
The following items are already received at our factory and are being dispatched to site:
- Drain cover- 1 pc.
- Shattaf – 13 pcs.
- Sanitary bag holder – 6 pcs.
- WC brush holder – 25 pcs.
The only remaining items will be WC hinges which will arrive to UAE after 8-10 days and will then be delivered to site.
However, since all these items are not defectives, the installation of their replacement must be carried out by Main Contractor at their own cost.
Also, we kindly request you to arrange the removed products so we can collect it back.
Please note that while Xxx has taken this step as support to the Main Contractor, Xxx will not be responsible for any mis-use of material on site which void supplier warranties similar to the above. Such activities remain the sole responsibility of the Main Contractor.
In the end, we remind you that an amount of OMR xxx is now overdue for payment for over a year and a half and we urge you to release it on immediate basis.
In addition, we bring to your attention that we submitted on 20 September xxx, the interim payment application IPA#05 (appendix 2) for the first part of retention amounting OMR xxx and we request you to issue the relative payment certificate to allow us to submit our invoice accordingly.
Thanks,
On behalf of Xxx LLC
xxx
Project Manager
