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MERO 94
ENTERPRISE
(002759959-W)
(Party B — Sub-Contractor)
SUB CONRACT JOB OF YEASIN PROJECT AT CADANGAN PEMBANGUNAN PERNIAGAAN, HOTEL &
KONDOTEL DI ATAS PT 558, PEKAN KLEBANG, SEKSYEN II, DAERAH MELAKA TENGAH, MELAKA
CONTRACT AGREEMENT
Address : No. G-3, Jalan Trompet 4, Perniagaan Jalan Trompet, Bukit Beruntung, 48300 Rawang, Selangor
Darul Ehsan
Tel : 011-29020360
Position : DIRECTOR
Tel : 011-29020360
Tel : 03-89223329
Position : DIRECTOR
This agreement is between MAFM GROUP SDN. BHD. (1416075-H) (CONTRACTOR) of the one
Party and MERO 94 ENTERPRISE (002759959-W) (SUB-CONTRACTOR) of the other Party to take
the SUB CONRACT JOB OF YEASIN PROJECT AT CADANGAN PEMBANGUNAN PERNIAGAAN, HOTEL &
KONDOTEL DI ATAS PT 558, PEKAN KLEBANG, SEKSYEN II, DAERAH MELAKA TENGAH, MELAKA
Special Conditions
1.1. The Condition of Sub-Contract 2023 shall be deemed to form a part of this Sub-Contract
Agreement. The Sub-Contractor shall ensure that the terms, conditions and any ambiguity
and inconsistencies in Condition of Sub-Contract 2023, the Sub-Contract Agreement shall
take precedence. (Refer to Appendix A)
2.2. The Sub-Contractor shall not allow any illegal labours to enter the Project site. The Sub-
Contractor shall submit the work permits and passports of all labours it employs for the
Sub- Contract Works prior to the commencement of the Sub-Contract Works. All workers
employed must possess valid certificates/permits issued by the Government Authorities.
The Sub-Contractor shall be fully responsible and shall indemnify the Contractor for any
penalty, charges, losses and/or proceedings that may be brought against the Contractor in
relation to the employ of any illegal workers and/or workers without valid work permits
by the Sub- Contractor.
2.3. In the event the Contractor discovers any illegal labours and/or labours without valid
permits are employed by the Party B, the Contractor shall be entitled to impose a penalty
of RM 10,000.00 per labour will be imposed to the Sub-Contractor. In addition, the
Contractor shall report such discovery to the relevant authorities and the Sub-Contractor
shall be liable to the relevant authorities and shall indemnify the Contractor for any
penalty, charges, losses incurred in connection therewith.
2.4. The Sub-Contractor shall be fully responsible to ensure the foreign workers have
construction permit. In the event of any issue occurs such as the foreign labours caught by
the immigration officer, Sub-Contractor shall take fully responsible and liable for making
solution to that issue.
2.6. Sub-Contractor is responsible to painting touch-up for any door leaves scratching before
hand over to Contractor.
2.7. Sub-Contractor is responsible to dispose all the construction debris and rubbish to
designated area after complete the door leaves and ironmongery installed. However, Sub-
Contractor shall ensure the working area cleanliness during construction period and make
sure no debris left until hand over to Contractor.
2.8. Sub-Contractor obligated to prepare all the necessary tools and for an auxiliary equipment
or borrow from Contractor. Sub-Contractor shall make sure the borrowing tools and for
auxiliary equipment from Contractor return back to store properly. Back charge or
deduction will imposed according to the picklist record.
3.2. This Sub-Contract shall be a fixed rate and Provisional Sub-Contract Sum.
follows:
SL. No. Particular Size Amount (RM)
1. Tiles Big 21.00
2. Tiles Small 22.00
4.2. Labours’ salary and compensation based on Malaysian Labour Law and to be diceded by
the sub-contractor
5.1. The Sub-Contractor shall submit its application for Interim Payment Claim together with
all supporting documents to the Contractor for certification on a monthly basis. The work
inspection form shall be attached at Appendix G. However, the Interim Payment shall be
made by us within seven (7) working days upon receive signed of Interim Payment
Certificate (IPC) with original invoice from the Sub-Contractor. (Refer to Condition of
Sub-Contract 2023 under Clause 25.0 Payment to Sub- Contractor and Interim
Certificate).
5.2. The materials which are purchased on behalf by Contractor will be deducted according to
the IPC recorded in the current month. Sub-Contractor has the right to inquire about the
price of materials before requests for purchase materials on behalf. If Sub-Contractor
request for applying, the Sub- Contractor will have to pay for the materials purchased, and
the price of the materials will based on our purchase price.
5.3. The amount of rental, compensation or penalty will be deducted according to the IPC
recorded in the current month.
5.4. Certification of variation / additional works should only make when sufficient supporting
documents submitted to Contractor. Sub-Contractor obligated to ask for photos, gong card
or on site written agreement as reference. If the job scope is not covered in BQ attached in
this contract, Sub-Contractor should submit the quotation and the final rate should be refer
to the final outcome agreed by both parties.
6.0. Penalty
6.1. Interim Certification will list out the penalties imposed (if any). Sub-Contractor is
required to check the details and clarify with Contractor on any query within SEVEN (07)
days from the date of received. In the event of failure to notify Contractor of any
discrepancies to the penalty within SEVEN (07) days, Contractor will deem to be final and
binding.
7.3. Those who repeatedly fail to comply with our safety measures after Three (03) reminders
will not be permitted to work on job site.
7.4. Contractor remains the right to hold certain percentage during the workdone certification
as which the workdone did not pass the inspection or defined as incomplete. Before a
proper workdone handover, Sub-Contractor should make sure no defects and rubbish leave
after.
11.2. Contractor shall not be liable if any of Sub-Contractor’s equipment and machinery is
damaged, stolen or lost.
11.3. Provision of storage space is available on request, but the responsibility of loss or
damage of the stored materials will be borne by Sub-Contractor.
11.4. Before arranging deliveries of materials to site, Sub-Contractor is required to advise the
site personnel in advance so that delivery time can be allocated and Sub-Contractor is
required to report to the site office before off-loading.
11.5. No materials or equipment are to be removed from site without out prior written
approval.
12.2. This Sub-Contract Agreement shall not be limited to the above conditions and when
applicable, it is subject to review when deemed appropriate to take into consideration the
changes in government policies, statutory requirement or any other unforeseen
circumstance.
13.2. Contractor Shall entitle to deduct full retention sum front Final Account of Sub-
Contractor as compensation if Clause 16.1 happened.
13.3. This contract effective on the date signed by both parties, after project completion
settlement and fullfill relevant obligation under the contract, the contract invalid
automatically.
15.0. Dispute
15.1. Any disputes which have arisen during the contract period, both parties should at their
best attempt to settle by friendly negotiations.
16.0. Arbitration
16.1. The parties here to agree that any dispute arising that cannot be settled via negotiation
between the parties, the parties shall arbitrate their dispute to the Malaysia High Court for
Arbitration and shall make available or arrange all relevant facilities in accordance to the
arbitration rules for arbitral proceedings. The losing party shall then bear all the relevant
costs arising from the arbitration process.
17.0. Acknowlegement
17.1. To confirm the Sub-Contractor acceptance to be bound by the terms and conditions
specified in this Sub-Contract Agreement, please sign and place your seal within the
appropriate spaces below. Four (04) copies of the Sub-Contract Agreement are enclosed,
each Party shall keep two (02) copies and shall take effect from the day of signing and
sealing by both Parties.