Response to a claim for the removal of comments
Limited Liability Partnership "B.Pro»
To the General Director N.B.B.
BEAN .
Almaty city, Alatu district, 050033, md. Akbulak, ch. d. 40.
from: Limited Liability Partnership "C.kz»
BEAN.....
280 T.bi str., 13th floor, Almaty, Republic of Kazakhstan
8 (727) …
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 578 57 58; +7 708 578 57 58.
Answer
to the claim about the requirement to eliminate the comments
Dear B B, we have received a claim from you ex. No. 8 dated June 07, 2024 on the requirement to immediately take measures to eliminate the malfunction of the alarm sensor in the fire safety system, as the end user of the office space at the facility is forced to suspend work.
In fact, we have concluded a Contract No.BB-CKZ-04022023-01 dated 04.12.2023 (hereinafter referred to as the contract), the subject of which is the supply of engineering equipment and installation of internal engineering systems, including video surveillance systems, sound warning systems, access control systems, NV, etc., at a facility with a total area of 1.100 sq.m. at the address: Almaty, Medeu district, Dostyk Avenue, 210, block A-3.
In accordance with the terms of clauses 2.2.4, 2.2.5, and 2.2.6 of the Contract, the Contractor, as agreed by swami, supplied the most advanced and high-quality equipment to the facility and installed and carried out commissioning work on the launch of the equipment, which was set in accordance with the terms of the contract for the construction readiness of the facility.
According to the terms of clause 2.2.9. The Contractor handed over all the installed equipment to the Customer, as evidenced by the Certificates of inspection of the installed equipment, which were accepted by the Customer and sealed.
Earlier, your representatives informed us that the fire safety alarm system had been activated in the office above the specified facility, and after receiving the information, our specialists immediately conducted a visit to the facility.
During a thorough examination of the installed equipment, our specialists did not find any violations in the equipment itself and or in the system. This is evidenced by the video recording of our specialist, which was sent to you.
In the same place, during the inspection, it was recommended to put video surveillance in the room where the alarm went off, as we believe the company's employees were smoking in the room, which triggered the fire alarm sensors.
In accordance with clause 2.1.8 of the contract, it is stipulated that the Customer may suspend work by providing a written reasoned Conclusion.
However, in refuting our arguments, we have not received a reasoned opinion from you from experts in the field of installing fire safety alarm systems. We once again assure you that the installed system is working properly. If you involve third-party specialists, we are ready to prove our case and position.
Clause 2.2.16 of the Contract stipulates that the Contractor has the right to timely payment for the work performed in accordance with the terms of this Contract.
However, more than a month has passed since we submitted the electronic certificates of completed works to you for signing and payment, and we have not received a reasoned response from you.
According to the requirements of paragraph 1 of Article 6 of the Civil Code of the Republic of Kazakhstan, the norms of civil legislation must be interpreted in accordance with the literal meaning of their verbal expression. If there are possible different understandings of the words used in the text of legislative norms, preference is given to an understanding that meets the provisions of the Constitution of the Republic of Kazakhstan and the basic principles of civil legislation.
In addition, understanding the norms of Article 13 of the Constitution of the Republic of Kazakhstan that everyone has the right to defend their violated or disputed rights, freedoms or legally protected interests, and that in accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests.
Being a respectable and responsible company, C. kz LLP has never refused to fulfill its obligations to you and I suggest that you undertake a constructive dialogue to resolve the current situation, sign acts of completed work and pay the arrears.
With respect,
"___"_________2024 the year _______________/ D. O.F.
Representative by proxy
Lawyer: Sarzhanov G.T.
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