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: Serious Delays in Delivery of Pods due to Poor quality of Vanity Marbles
Dear Mr. Yang,
We refer to your letter Ref: xxx dated 14th March xxxx received on the 15th of March xxxx subjected Serious Delays in Delivery of Pods due to Poor quality of Vanity Marbles.
We regret to receive your above mentioned letter which content is totally rejected and baseless. XXXX claim is nothing less than an attempt to put pressure on Xxxx bear the marble problem on your behalf and take a hit on the PC rate.
- XXXX continues to ignore the real problem i.e. the marble PC rate problem and the uncertainty of approval process and tries to fallaciously pass it on Xxxx.
- Unless we all deal with the fundamentals of the problem, finding a solution will continue to be a challenge; avoiding the problem is not in the best interest of the project.
- XXXX alleged claim that Xxxx is delayed is totally baseless! Despite that XXXX failed at every aspect (starting from the default on advance payment, failure to provide the design information, failure to deliver the free issue items, failure to decide on the cabinets color and finishing, failure to freeze the design, failure to pay the progress payments, and the list goes on & on…), Xxxx managed to salvage the situation every time, and managed, in good faith, to produce and deliver more than what your site could take. We would like to remind you that just recently Xxxx was asked to slow down delivery and production as your site could not take what we were shipping (please refer to your email dated 3rd February, xxxx). Also attached you will find some photos taken few days back showing our pods reaching your props.
- The statement that XXXX will engage marble suppliers and back charge Xxxx without considering rate limitations is firstly an acknowledgement that the PC rate limitations is causing severe repercussions on the marble deliveries and secondly a clear attempt at forcing the increase in PC rates onto Xxxx. This strategy is not in line with what would be expected from an international contractor and is wholly and unequivocally rejected by Xxxx.
- Moreover, we would like to remind you, that as of today, we have 259 pods ready in our factory only lacking the marble, and those could have been finished and shipped in a matter of few days if we had/have the marble available.
- We strongly advise you to work with us in a positive and constructive manner. Using such an offensive and biased approach will only lead to complications and will have the most unfortunate consequences on the project and your esteemed company. Xxxx have enough documents, proofs, photos…etc. and is ready to approach the matter in a contractual way, if necessary. However, this is not in the best interest of the project, and solutions are available, and not very expensive should you wish to constructively deal with it.
- Based on the above, and in good faith, we will take the initiative to resolve the issue by trying to stretch the PC rate beyond what is set in the contract (subject to the final approval of our Top Management). The difference will be submitted to you as a variation at a later stage, hoping that you will deal with it in an objective and pragmatic manner.
- In case you have any objection on our initiative above, please revert back to us in writing by tomorrow noon time or let us know what is the alternative solution you propose is.
Yours faithfully,
On behalf of xxx LLC
xxx
Project Manager