1. DEFINITIONS
    • In these terms and conditions, UMT is (Ultra Marine Tech) and ‘the Company’ means the person, company or organization with whom UMT is in the contract.
    • “The Project” means the work/task contracted to be undertaken by UMT which is described on the UMT quotation.
    • “The Site” means the location or locations where the Works are carried out.

 

  1. THE CONTRACT DOCUMENTS
    • Unless otherwise agreed in writing between UMT and the Company the contract documents for a contract will consist of UMT’s quotation for the Works together with the Company’s acceptance of it; UMT’s standard method statement, if provided; any drawings which are agreed by UMT to be included, and these terms and conditions together with the attached Schedule of Rates and Charges.
    • Unless otherwise agreed in writing before the project is commenced these terms and conditions and no other will apply to the contract.
    • If there is any divergence between these terms and conditions and others which apply to the contract these terms and conditions will take precedence.

 

  1. CONDITIONS
    • The contracted Project is for the work described in the quotation along with the scope of supply. If any changes occur that differ in any respects from either that described in the quotation or inferred from drawings or other documents provided to UMT, UMT reserves the right to amend the price for the Project to reflect the changes in the conditions encountered. In addition, if it becomes necessary for UMT to use different or additional resources to those identified in the quotation UMT also reserve the right to amend the prices originally quoted.
    • The Company shall give all instructions in writing. Any verbal instruction from the Company will constitute instruction in writing if it is confirmed to the Company in writing by UMT. If such an instruction results in a variation to the Project such variation shall not vitiate the contract and the costs of such a variation shall be added to the value of the contract. Upon completion of the Project, the Company will sign a Project Completion Certificate. This will signify that the Company has inspected the Project and that the Project is satisfactory. It will also signify that the Project described on the Project Completion Certificate will be paid for by the Company.
    • A variation to the Project may include additions, omissions, substitutions, alterations, changes in quality, form, character, kind, position, dimension, level or line and changes in any specified sequence method or timing of fabrication/construction required by the Contract.
    • Valuation of Variations
      • All authorized variations of the Project shall be valued in the manner provided by this Clause and the value thereof shall be added to or deducted from the price specified in the Quotation.
      • Whenever requested by the Company UMT shall submit their quotation for the work as varied and their estimate of any delay. Wherever possible the value and delay consequences (if any) of each variation shall be agreed before the Order is issued or before the project
      • The value of all authorized variations shall be ascertained by reference to the rates and prices (if any), specified in the Quotation for the like or analogous work, but if there are no such rates or prices, or if they are not applicable, then such value shall be such as is fair and reasonable in all the circumstances taking into account any quotation for the varied work that may have been received from UMT.
    • Whilst UMT will make every effort to complete the Works in the shortest possible time it cannot accept responsibility for delays howsoever caused. Any timescale agreed for the carrying out of the Works are estimates only. Furthermore, if the Works are in any way delayed for reasons outside the control of UMT or affected by adverse weather conditions or undefined condition UMT will be entitled to a reasonable extension of time for completion of their Works together with its reasonable costs attributable to that delay.
    • The Employer is responsible for providing a representative who is empowered to give any necessary instructions and who will be available on-site at all reasonable times.
    • The Employer is responsible, at no cost to UMT, for the following:
      • Providing all necessary propping, safety barriers or signage which is considered necessary by either the Employer or UMT.
      • Providing anything considered necessary by UMT to provide a safe working environment for UMT to carry out its project.
      • Ensuring that all electricity, water and other services which might interfere with the Project are isolated and protected before the Project commences.
      • Protecting any surfaces, parts of the building, services or other’s equipment or materials which might otherwise be damaged in the course of the Works. Furthermore, UMT is not responsible for any damage howsoever caused.
      • Providing safe, suitable and clear access to the working areas and providing suitable and safe working areas to allow the Project to progress.
      • Assistance for the safe positioning of UMT’s equipment.
    • If the contract is fundamentally breached or canceled by the Employer at any time after UMT’s quotation has been accepted by the Employer UMT will be entitled to charge the Employer all the reasonable costs expended by UMT which flow from that breach or cancellation.

 

  1. PAYMENTS
    • UMT is entitled to submit applications for payment at fortnightly intervals or when the Project is completed; whichever is the earliest.
    • Payments are due (the Due Date) within 10 (ten) days of the date of submission of any application for payment by UMT. The Final Date for payment is 15 (fifteen) days after the Due Date.
    • Retention shall be Nil unless otherwise agreed in writing.
    • No discount will be allowed unless otherwise agreed in writing.

 

  1. TAXES
    • All Govt of taxes i.e SST, GST, withholding, etc. should be added additional from the quoted

 

  1. PAYMENT SCHEDULE:
    • 50% Payment Advance with P.O.
    • 30% Payment after Equipment Mobilization
    • 20% Payment after commissioning of Plant.

 

  1. VALIDITY OF PROPOSAL:
    • 30-days (Subject to change in case of high fluctuation of USD against PKR)

 

  1. CONFIDENTIALITY-NON-DISCLOSURE
    • Unless otherwise specified in the agreement, all information exchanged between the parties under the terms and conditions of the agreement shall be regarded as confidential and shall not eb disclosed to any unauthorized person
    • During and after the tenure of the agreement, if any confidential information is received by any party from the other party under or by virtue of the agreement, then the same shall be maintained in the strictest of confidence and trust

 

  1. INDEMNIFICATION
    • The client hereby indemnifiers and agree to hold UMT harmless from and against any and all liabilities suffered or incurred by, or brought or threatened to be brought or entered or enforced against UMT which arise out of matters or transactions contemplated by, or consequent upon UMT engagement under the terms of, this agreement. The liabilities to which this clause apply shall include cost of investigating, defending, preparing a defense and disputing any liability and costs incurred in establishing any claim against any other person or in mitigating any loss and shall be additional to any rights which UMT may have at law. This indemnity shall not be affected in any way by any enquiry or investigation which UMT may have conducted into any matter and shall subsist and continue to bind the client for a period of (10) years after the termination of this agreement.

 

  1. SETTLEMENTS OF DISPUTES
    • If any dispute or difference arises under the contract, either party has the right to refer that dispute or difference to adjudication.
    • Notwithstanding any provisions elsewhere, if either party does not dispute an adjudicator’s decision within 28 days of the date of the decision that decision shall be final and binding on the parties.
    • Except as otherwise provided for in these Conditions, all disputes arising out of or in connection with the contract or the carrying out of the Project other than failure to give effect to a decision of an Adjudicator shall be finally determined by reference to Arbitration by a person agreed between the parties.

 

  1. LIMITATIONS of LIABILITIES
    • UMT shall not be liable and responsible for any results which may change due to natural occurrence and phenomena.

 

  1. EXCLUSIONS:
    • Electric connections. Single and three-phase power to control panel.
    • Civil works relating to R.C.C foundation, structures, drains, channels/room and appropriate lighting.
    • All civil works i.e. storage tank, raw water tank (if necessary).
    • Incoming / Outgoing / Drain and product lines connection with flanges and necessary
    • Connection of the Feed line to water treatment equipment.
    • Plant unloading at the site, positioning at foundation & tie in connections.
    • Any item or service not specified in our offer.

 

  1. FORCE MAJURE:
    • A standard clause of FIDIC 4th Edition

 

  1. GUARANTEE:

The system is guaranteed to be free of defects in materials and workmanship for a period

of 06 Months from the date of delivery. If there is the fault owing to mishandling, the repair will be subject to charge. If the plant has been tempered or repaired by unauthorized persons, we will not be responsible and guarantee will be null and void.

BNB is confident that our proposed services will be up to the requirements of Lakhani Industries We sincerely hope that this Company will consider us as a long-term partner and allow us to enter into a mutually beneficial relationship. We shall try our level best to satisfactorily answer any of your queries and look forward to discussing any other future Business possibilities.