Construction contract for boiler room automation
Almaty "17" August, 2023
K.S.M. LLP, represented by Director M.Y.V., acting on the basis of the Charter, hereinafter referred to as the "General Contractor", on the one hand, and
LLP "C.kz" represented by Director D.O.F. . . .a, acting on the basis of the Charter, hereinafter referred to as the "Subcontractor", on the other hand, and collectively referred to as the "Parties", have concluded this Agreement as follows:
1. SUBJECT OF THE AGREEMENT
1.1 The "Subcontractor" undertakes to perform, on behalf of the "General Contractor", on its own from its own materials, the automation of the boiler room (hereinafter referred to as the Work) at the Beauty Salon facility located at 667 Esentay Sity (hereinafter referred to as the Facility), Almaty, Medeu district, and the "General the contractor" undertakes to accept and pay for the work performed. The tasks of the General Contractor for the performance of Works are drawn up in the form of a separate Appendix (estimates) to this Agreement, which sets out the types, volumes, and cost, which is an integral part of this Agreement.
1.2. The result of the work is the proper performance of the work under the Contract, accepted by the "General Contractor" according to the Act of acceptance of the work performed.
1.3. The Subcontractor guarantees that it has all the necessary permits provided for by the current legislation of the Republic of Kazakhstan to perform work under this agreement, otherwise it undertakes to compensate the General Contractor for all losses caused by this.
2. COST AND TERMS OF WORK UNDER THE CONTRACT
2.1.The total cost of works and materials under this agreement consists of the cost of the Annex (estimate) to this Agreement, hereinafter referred to as the "Cost of Work" and amounts to 8,172,266 (eight million one hundred seventy-two thousand two hundred sixty-six) tenge 00 tiyn.
2.2. The cost of Works and materials specified in the Annexes to this Agreement is fixed, cannot be changed unilaterally and includes all costs of the "Subcontractor" related to the execution of the Agreement. In the event of a change in the scope of work, in agreement with the General Contractor, the Cost of Work is subject to adjustment, both up and down, by concluding an additional agreement to this Agreement, while the cost per unit of goods or services remains unchanged.
2.3. For each individual stage of work, the deadlines for the execution of work by the "Subcontractor" will be indicated in the relevant Annexes to this Agreement.
2.4. Considering the fact that the work will be carried out in stages, the start date is
The completion of each stage of Work is the working day following the day of receipt of the advance payment and written notification from the General Contractor on the construction readiness of the facility for each stage of Work [AZ1].
3. TERMS OF PAYMENT. THE ORDER OF CALCULATIONS
3.1. Payment under this Agreement is made in the following order: prepayment – in the amount of 7,000,000 (seven million) tenge, including VAT of 12%, within 10 (ten) business days from the date of signing this Agreement. Payment of the remaining cost of Work under this Agreement is made in accordance with the Appendices to this Agreement upon the Contractor's completion of a certain amount of Work during the reporting period, within 10 (ten) business days from the date of signing by the Parties of Acceptance Certificates of completed work (Form 2B), Certificates of the cost of completed work and costs (Form KC3).
3.2. In the event of termination of the Contract or improper fulfillment or non-fulfillment of obligations by the "Subcontractor" under this Agreement within the time period stipulated by this Agreement, the "Subcontractor" is obliged, at the first request of the "General Contractor", to refund the advance payments received under this Agreement, provided for in clause 3.1 of this Agreement and the Annexes to this Agreement, minus the amount of completed and works accepted under the act within 5 (five) business days from the date of receipt of the relevant request of the "General Contractor".
3.3. Payment under the Agreement is made to the bank account of the "Subcontractor" specified in
Section 9 within 3 business days after the Parties sign the Act of Completed Work and the "Subcontractor" submits an invoice for payment.
4. ACCEPTANCE OF WORKS
4.1. Upon completion of the relevant stage of Work, the Subcontractor submits interim Certificates of completed Work to the General Contractor. The General Contractor is obliged to review and sign the interim Acts within 5 (five) business days after the acceptance of the work by the Customer, calculated from the date of receipt of the Acts of Completed work, and the final Act of completed work – within 10 (Ten) business days to review and sign after the acceptance of the work by the Customer.
4.2. When signing the Act of Completed Works and accepting any stage or the entire result of the Work, if minor defects and deficiencies in the Work performed are identified by the Customer, the General Contractor undertakes to sign the Acts of Completed Works based on comments within 5 (five) business days after the Customer accepts the work.
4.3. The Subcontractor is obliged to eliminate the defects and deficiencies specified in the Act on its own and at its own expense, using its products and building materials that comply with state standards and PSAs.
5. OBLIGATIONS OF THE PARTIES
4.1. The "Subcontractor" is obliged to:
- perform all work efficiently and within the time period specified in clause 2.3 of this Agreement in accordance with the norms and rules, technical and other requirements governing this type of work provided for by the current legislation of the Republic of Kazakhstan in accordance with the Annexes to this Agreement.
-all materials used by the "Subcontractor" for the performance of this contract must be new, not used, the quality of which must be confirmed by appropriate documents (certificate of conformity, product passport, etc.). - by its own efforts and at its own expense, at the request of the "General Contractor", to eliminate the detected deficiencies and defects within 10 (ten) business days from the date of notification by the General Contractor;
- to prevent cluttering of objects with construction debris and materials, to prevent damage to plantings, flower beds and lawns;
- to ensure the implementation of necessary safety measures, fire safety of the facility and environmental protection during the performance of work, to bear full responsibility, as established by current legislation, for damage caused to the life and health of their employees;
- to bear all the costs of medical care for their own staff, as well as due to accidents;
- all personnel of the Subcontractor are required to use appropriate personal protective equipment (helmets, special clothing and shoes, safety glasses, etc.) and strictly follow safety regulations to avoid accidents. In case of non-compliance with the above obligations, the "Contractor" bears legal and financial responsibility to the state, supervisory authorities.
- keep the Work area clean, remove construction debris that has arisen during the Work;
- upon completion of the Work, remove tools, equipment, appliances, inventory and other property belonging to the "Subcontractor" from the Facility within three days.;
- within 3 days of receiving the object from the "Customer", coordinate all disputed issues with him;
4.2. The "General Contractor" is obliged to:
- pay the "Subcontractor" for the work performed under the act, provided for in the Annexes to this Agreement.
- provide access to the facility for workers and employees of the Subcontractor.
- accept the object within 3 (working) days, from the date of receipt of the written notification to the Subcontractor, according to the Acceptance Certificate of the completed works in case of defects or other deficiencies, declare a reasoned refusal to accept the completed works until the Subcontractor eliminates the defects and deficiencies.
5. RESPONSIBILITY OF THE PARTIES
5.1. The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the current legislation of the Republic of Kazakhstan.
5.2 The Contractor undertakes to perform the Work under this Agreement in accordance with the terms of this Agreement, the requirements of the General Contractor and the regulatory documents governing the performance of this type of work.
5.3.For late completion of work under this Agreement, the Subcontractor pays the General Contractor a penalty in the amount of 0.01% of the cost of Work not completed or untimely completed for each day of delay, but not more than 5% of this cost.
5.4. In case of non-elimination of defects in the quality of work, the Subcontractor shall pay the General Contractor a fine in the amount of 5% of the cost of the Work in which defects have been identified, and also reimburse the General Contractor for all losses caused by this.
6. FORCE MAJEURE
6.1. Upon the occurrence of circumstances where it is impossible for either party to fully or partially fulfill its obligations under this Agreement, namely: declared or actual war, epidemic, blockade, embargo, earthquake, fire, flood and other natural disasters, as well as the entry into force of legislative acts, decrees, resolutions and orders of government agencies, directly or indirectly prohibiting the types of activities specified in the Contract, the deadline for fulfilling obligations is postponed in proportion to the time during which such circumstances will apply.
6.2. The Party for which it is impossible to fulfill its obligations under this Agreement is obliged to notify the other party in writing no later than 3 days after the occurrence of the above circumstances. The evidence of such circumstances and their duration are documents issued by the competent authority of the State. An untimely notification deprives a party of the right to invoke any of the above circumstances as grounds for exonerating it from liability for non-fulfillment of its obligations.
7. DISPUTE RESOLUTION PROCEDURE.
7.1. All disputes or disagreements arising between the parties under or in connection with this Agreement shall be resolved through negotiations between the parties.
7.2. If it is impossible to resolve disagreements through negotiations, they are subject to consideration in accordance with the procedure established by the legislation of the Republic of Kazakhstan in the courts of Almaty city under contractual jurisdiction.[AZ2]
8. THE PROCEDURE FOR CHANGING AND SUPPLEMENTING THE AGREEMENT
8.1. Any amendments and additions to this Agreement are valid only if they are made in writing and signed by both parties.
8.2. The General Contractor has the right to unilaterally terminate the Contract without explaining the reasons for such termination. Early termination of the contract may take place by agreement of the parties or on the grounds provided for by the civil legislation in force on the territory of the Republic of Kazakhstan.
8.3. Upon termination of the contract by a joint decision of the "General Contractor" and the "Subcontractor", the unfinished object is transferred to the "General Contractor", who pays the "Subcontractor" the actual cost of the work performed.
8.4. The Party that decides to terminate the Agreement sends a written notification to the other party 10 calendar days before the expected date of termination.
9. OTHER CONDITIONS
9.1. The Subcontractor provides the General Contractor with "guarantees for all Work performed, materials used and equipment for a period of 12 months from the date of signing the Acceptance Certificate for the work performed, except in cases of intentional damage by third parties.
9.2. If defects in the Work performed are found during the warranty period, the Customer sends a corresponding notification to the Subcontractor. In order to participate in the preparation of an act documenting defects and agreeing on the procedure and timing for their elimination, the Subcontractor must send its representative or an independent expert no later than three working days from the date of receipt of the written notification from the General Contractor. In this case, the warranty period is extended accordingly for the period from the moment of detection of defects to their elimination. If a representative of the Subcontractor or an independent expert does not arrive to draw up a defective report within three days from the date of receipt of the notification from the General Contractor, the General Contractor shall unilaterally draw up the defective report. If defects in the quality of Work are detected during the above-mentioned warranty period, the Subcontractor, on its own and at its own expense, is obliged to eliminate the identified defects within the period agreed upon by the parties in the defective act, but not more than 15 (fifteen) business days from the date of receipt of the relevant written request of the General Contractor and the defective act.
9.3. The existence of deficiencies and the time frame for their elimination are fixed by a bilateral act of the "Subcontractor" and the "General Contractor".
9.4. Damage caused as a result of construction and installation work to a third party due to the fault of the "Subcontractor" is compensated by the "Subcontractor", and due to the fault of the "General Contractor" - by the "General Contractor". In all cases, the Subcontractor takes urgent measures to eliminate the damage caused, even when the corresponding costs are borne by the General Contractor.
9.5. This Agreement is drawn up in two copies having the same legal force, one copy for each of the parties.
9. LEGAL ADDRESSES OF THE PARTIES
SUB CONTRACTOR:
C. kz LLP
BEAN .
280, 13th floor, lit., Almaly district, 050005, Almaty.
IIC: KZ ……
BIC: HSBKKZKX
Phone: .
e-mail: .
Director of "C. kz" LLP
/_________________/ D.O.F.
GENERAL CONTRACTOR:
K.S.M. LLP
the city of Almaty. Baganashil microdistrict, Syrgabekov St.,
32
BEAN .
IIC no. KZ.....
Halyk Bank of Kazakhstan JSC
BIC HSBKKZKX, Kbe 17
in Almaty
Director
/_______________/ M. Y.V.
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