Tuesday, June 21, 2016

Translation of Supply and Installation Contract

Supply and Installation Contract

This Agreement is made and entered into this _____ corresponding to / / 2015
 By and Between:
First: _________________, a Qatari company - Commercial Registration Number:  - whose address is: P.O Box  - Phone:    , Fax:      - Doha, Qatar - herein represented in the signing of this contract by Mr. ________________
Hereinafter referred to as (The First Party)

Second: _____Company - a Qatari company - Commercial Registration Number: ____- whose address is: P.O Box: __ Doha, Qatar - Phone: ___ - Fax: ____ - herein represented in the signing of this contract by Mr. _____ - ID #: _____
Hereinafter referred to as (The Second Party)

Both parties mutually acknowledge their sufficient legal capacity to execute this Agreement, and agree to the following:

Preamble

WHEREAS, The First Party is the owner of the project _____
WHEREAS, The Second Party is a company specialized in the work of _______ and have expressed their desire, efficiency and capability to implement the required after conducting the necessary inspection of the site and reviewing the graphics, the conditions and the technical specifications of the project.

 The two parties mutually agreed to conclude this contract in accordance with the technical standards and specifications.

Clause (1)
The invoice and the price offer which submitted by the Second Party to the First Party on / /2015, and in accordance with the prescribed technical specifications shall be deemed an integral part hereof and complementary hereto without prejudice to its provisions.

Clause (2)
By virtue of this contract with all real and legal guarantees, the Second Party agreed to supply, install and operate (materials and installations) for the coolers located at _________which owned by the first party, in accordance with the prescribed specifications, data and quantities, and the value of the invoice and the offer of the second party dated / / 2015 attached hereto. The second party shall commit to the transfer of equipment, engines, and generators subject of this contract to the site and shall acknowledge that he had reviewed the drawings and specifications of the project and inspected the site and agreed to do the work required in accordance with the documents of this contract and by the techniques that guarantee the quality, safety and good performance of the project and its component in accordance with the specified technical specifications.

Clause (3)
The price agreed upon for the supply, installation and operation of the equipment subject of this contract have been determined at _____ Qatari Riyal (only _________ Qatari Riyal) and the second party shall comply to price stability, which submitted by him in the price offer referred to throughout the period of implementation of this contract.

Clause (4)
Initial hand-over and warranty period:
The Initial hand-over of the equipment subject of this contract shall be completed, and to issue a report for the initial hand-over of the delivered goods after the necessary technical examination. And the parties agreed that the warranty period against manufacturing or installation defects to be (2 calendar years) two years starting from the date of testing or from the final hand-over date of the equipment subject of this contract. And the second party undertakes to guarantee the installed works which set out in this contract. And shall oblige to replace the damaged parts as a result of a defect in the manufacturing or installation, throughout the agreed warranty period.

Clause (5)
The above-mentioned payment shall be paid by the first party to the second party as follows:
1-                                       % percentage  of the total value as set out above upon contracting
2-                                       % percentage  of the total value as set out above after the completion of the supply and installation
3-                                        % percentage of the total value as set out above after the operation and testing of equipment and materials subject of this contract and compliance with the technical specifications agreed upon.
The above-mentioned price includes the value of the equipment, the supervision of the installation, testing and shipping costs (deliver by Engineer/                ) according to the attached offer, It is agreed that the payment of the first party of any amount is not considered in any way acknowledging that the work has been completed in accordance with the specifications and requirements agreed upon.

Payment shall be made at the company's bank account
COMMERCIAL BANK
IBAN:
ACCOUNT NAME:

Clause (6)
The second party is obligated to hand-over all the work and materials (motors, generators and equipment) subject of this contract in a maximum period of one month from the date of receipt of advance payment, which starts from / / 2015 and ends on / / 2015, If his final delivery delayed from the specified time, the second party shall pay to the first party the sum of (      ) for each day of delay as a  Consensual Compensation and the  first party shall have the right to claim appropriate compensation, if the delay exceeded (           ) days or the second party failed to finish the works in a right and satisfactory manner or stopped working without excuse; the First Party shall have the right to consider this contract rescindable without need to notice or warning or a court ruling. And the first party shall be entitled to assign another contractor to complete the remaining work at the expense of the second party. The second party is obliged to refund all the amounts received, including the down payment and the compensation due to the delay as well as compensation arising from the losses and damages caused by the termination as a result of the failure of the second party to perform his obligations under this contract, with deducting the value of any goods or materials or equipment that have been delivered to the first party in accordance with the technical specifications agreed upon.

 Clause (7)
The second party agreed to offer possible inquiries, assistance and facilities to the company or during the installation of the generators, transformers and equipment subject of this contract at __________which owned by the first party.

Clause (8)
All disputes arising in connection with the execution of this contract which may not be settled amicably by the parties shall be finally settled by Qatari Courts.

Clause (9)
IN WITNESS WHEREOF, this Contract is executed in two copies, one per each party to act upon.


First party                                                                   Second party

Translation by Heba Musa

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