Agreement between Claudio Vunda Address: 132 Botanic Gardens Road, Berea Durban 4001 Herein referred to as *The

House Owner* And Vundex & Sons Construction Company Registration number: 2833879 Address: 34 Sea Fourth Avenue, Westville, Durban 4001 Herein referred as “The Contractor” It is agreed as follows: Description of work 1. The contractor will provide all labour, materials and equipment to complete the following specifically described work at 132 Botanic Gardens Road, Berea Durban. Labour: The work is to be done by workers with minimum qualification of National Diploma in Civil Engineering and minimum of 3 years of experience in this field. Materials: All materials necessary to accomplish the job must be provided by the Contractor, these materials must meet the standards requirement. Contract price 2. The House Owner will pay The Contractor the fixed sum of Forty Thousand Rends, R40000.00, for the work performed under this agreement, subject to such other sums that may become payable as a result of any variations determined in accordance with this agreement. Terms of payment 3. It is agreed that a progress payment will be followed, where:  Ten percent, 20%, of the fixed sum will be paid before the work starts.  Fifty percent, 40%, of the fixed sum will be paid once fifty percent, 50%, of the work has been achieved.  Forty percent, 40%, of the fixed sum will be paid once the system has been completely installed, tested and deemed working correctly.

Variations to the agreement 4. Although variations will be kept at minimum nonetheless any variations including, but not limited to, modifications, omissions or additions that are made to this agreement must be agreed to in writing by both parties detailing the price and specification of such variations.

1

Termination of contract. extra working days will be given to fulfil the job. Failure to reach agreement will be deemed a dispute to be resolved as agreed in paragraph 10. the following penalty will apply:  Maximum of four. The House Owner must pay such sums of money that becomes due to the company for the work performed. care and diligence pursuant to all applicable standards and Building practice and in compliance to all relevant Building regulations and statutory requirements. Quality 6. it is The House Owner sole responsibility to obtain all necessary approvals and permits prior to commencement of the works to be done. The House Owner will be responsible to cooperate in good faith with The Contractor and must not interfere with The Contractor’s progress of work. 4. signed by the parties and added to this contract. It is understood that timely communication and cooperation are necessary for completion of the work. The work will be completed by the 23rd of May 2013. will apply. 2 . where the date for the completion may be varied accordingly. If the work is not up to standards. 7%. Time for completion 5.  If the work is still incomplete after the given allowance.The parties must make a good faith to attempt to agree on all necessary particulars. Contractor obligations 7. The Contractor will be responsible for the timely completion of the work consistent With the time limits set out subject to any variations made as set out in this agreement. Unless otherwise agreed in writing. The House owner will provide a team to inspect all the work done. The work to be performed under this agreement will commence on the 1st of January 2013. seven percent. The Contractor will carry out the works with reasonable skill. If The Contractor fails to complete the task within the time stipulated due to slow progress and provided no variations to the contract have been made. Such agreements are to be evidenced in writing. The House Owners obligations 8. the terms in paragraph 11. To ensure that the work complies with South Africa Building Regulations Standards. Approvals 9. of the fixed sum will be deducted every day.

The House Owner Name : Claudio Vunda The Contractor Name: Zenu Diogo Signature: Zenu Diogo Position: Civil Engineer Date: 20/12/2012 Place: Durban Signature: Claudio Vunda Position: CEO Date : 20/12/2012 Place : Durban 3 . matters will be taken to court. If The House Owner fails to pay such sums of money that become due. The Contractor will have the right to terminate the agreement if The House Owner does not remedy the default within 2 working days. The work specified is considered completed upon approval by The House Owner based on the report from the inspection team.  The party which loses this dispute will pay for all expenses involved in the court. provided that The House Owner’s approval is not unreasonably withheld. If the mediation is unsuccessful. The House Owner will have the right to terminate the agreement if The Contractor does not remedy the default within 2 working days.Dispute resolution 10. If any dispute arises under the terms of this agreement both parties agree to select a mutually agreeable impartial third party to help them mediate it. If The Contractor fails to perform the work in accordance with the terms of this agreement. I agree to the acceptance of the contract and agree to keep to its terms. All agreements between The House Owner and The Contractor related to the specified work are included in this contract. Termination 11. Completion 12. the parties agree that:  As last resort.

Master your semester with Scribd & The New York Times

Special offer for students: Only $4.99/month.

Master your semester with Scribd & The New York Times

Cancel anytime.