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SUBCONTRACT AGREEMENT
Between
And
This Subcontract Agreement (the “Agreement”) is entered into by the parties which
is section A and B who agree as follows:
A. FiberHome
B. Subcontractor
Edgar Leonel Quintero Zayas, a natural person and existing under the laws of Mexico
and in accordance with article 13 of the Federal Labor Law, having its own
accordance with this Agreement, with principal address at Orquideas 240, Col.
C. Service Description
The Subcontractor shall render the Services as described in the Construction Guideline
of Telmex(ANNEX 4) of this Agreement.
D. Term
The Agreement shall be valid and shall take effect for one (1) year from 12/09/2022 until
unless renewed by mutual written agreement of the Parties or otherwise earlier terminated
pursuant to the terms and conditions of the Agreement.
E. Payment Terms
Payment of the Agreement shall be made by FiberHome in accordance with the following
schedule and indirect reference to the Purchase Order.
a) First Payment – 30% DownPayment upon PO issuance and Subcontractor provide
the Insurance and Performance Bond;
b) Second Payment – 50% upon the successful conduct and issuance of the PAT/PAC
(Pre-Acceptance Test/Certificate with and by Fiberhome);
c) Third Payment – 20% upon the successful conduct of FAT (Final Acceptance Test)
with Fiberhome and Client and the issuance of the FAC (Final Acceptance Certificate);
All payment are subject to the delivery of an invoice in compliance with the applicable tax
requirements.
F. Penalties
FiberHome shall have the right to claim Liquidated Damages which shall be equivalent to
one percent (1%) of the price of the PO issued under this Agreement, for each day of delay
(weekends and holidays included), from Subcontractor if:
a) Subcontractor fails to meet the scheduled delivery date of the Product/Service or any
item or component thereof;
b) Subcontractor completely fails to deliver or delivers a non-compliant Service;
c) Subcontractor fails to meet the scheduled date for acceptance of the Service; or
d) Subcontractor fails to meet the Response and/or Restoration Times and/or Service
Level Agreement.
If the subcontractor can provide the evidence and acquired Fiberhome approved, the
implementation Service delay was not due to the subcontractor’s fault, and the time of
delay will not be included in the implementation Service time.
Subcontractor shall maintain and submit to FiberHome the following bonds and insurance:
The following documents listed below shall be deemed to have been read, understood and
agreed to by both parties and these documents are considered integral parts of this
Agreement:
Telefax: