SUPPLY, DELIVERY AND INSTALLATION OF (1) UNIT ELEVATOR

FOR ABE - FAIRVIEW

KNOW ALL MEN BY THESE PRESENTS:

This Construction Agreement is made and entered into by and between:

COMPANY , an entity duly organized and existing by virtue of laws of the Republic of
the Philippines, with business address at (address), herein represented by its Owner,
______________ as evidenced by a DTI Certificate attached and made integral part hereof as
ANNEX “A”, hereinafter referred to as the “CONTRACTOR";

- And -
CLIENT, a Corporation duly organized and existing by virtue of laws of the Republic of
the Philippines, with principal office address at __________________, herein represented by its
_______________________as evidenced by a Secretary’s Certificate attached and made integral
part hereof as ANNEX “B”, hereinafter referred to as the “CLIENT".

WITNESSETH THAT:

WHEREAS, the CLIENT desires to engage the services of the above Contractor for the Supply
and Installation of Elevator at Proposed ABE International Business and Accountancy
Fairview Campus (The “Project”), as specified herein;

WHEREAS, the CONTRACTOR, a duly licensed general contractor, has inspected the proposed
site, conducted a due diligence study of the proposed project and assured that it has the experience, know-
how, manpower, substantial capital and investment in the tools, equipment and materials needed to
completely construct and deliver the project to the CLIENT’s satisfaction;

WHEREAS, the CONTRACTOR offered its services to undertake the aforementioned project
and the CLIENT has accepted the same;

NOW THEREFORE, for and in consideration of the foregoing premises and the faithful
performance by the CONTRACTOR of the mutual covenants and stipulations herein provided, and [arties
hereby agree as follows:

1. SCOPE OF WORKS: The CONTRACTOR shall undertake the Construction works for
the aforementioned Project of the CLIENT at LOCATION, located at (LOCATION), strictly in
accordance with the attached approved Project Scope of Works and Cost Breakdown (hereto attached as
ANNEX “C”).

The CONTRACTOR shall provide the following scope of works;

1. Mobilization / Demobilization
2. Securing All necessary Permits and Clearance
3. Bonds and Insurance
4. Supply and Installation One (1) Unit Brand New NIPPON Passenger Elevator MRL
800 kgs capacity; 60 meters per minute speed; 5 stops/ 5 floors with the following
specification such as:
a) MODEL : M300 Machine Room Less
b) TYPE : PASSENGER ELEVATOR
c) NO. OF UNITS : One (1)
d) ELEVATOR No. : PE1
e) CAPACITY : 800kgs
f) SPEED : 1.0 mps
g) RISE : 15.0 m (approx.)
h) STOPS : Five (5)
i) OPENINGS : Five (5)
j) FLOOR MARKINGS :G,2,3,4,5
k) DRIVE : VVVF

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 l) MACHINE ROOM LOCATION : Inside the Hoist way
m) HOISTWAY CLEAR INSIDE : 2100mm (W) x 1795mm (D) * Exisiting
n) CAR CLEAR INSIDE (bare) : 1350mm (W) x 1400mm (D) X 2300mm (H)
o) DOORS : Automatic 2-Panel Center Opening
p) CLEAR DOOR OPENING : 900 (W) x 2100 mm (H)
q) PIT DEPTH : 1400mm
r) OVERHEAD CLEARANCE : 4000mm
s) OPERATING SYSTEM : Simplex Full Collective
t) SIGNAL FIXTURES : Tell-tale car & hall buttons,
Car Position indicator, LCD Display
Combined Hall button & hall position
Indicator and direction arrows
u) INTERCOM : 3-station communication system
(Car- control panel- security room)
v) EMERGENCY LIGHT IN CAR : Emergency light with charger & battery
w) FEATURES OTHER THAN : Independent service
STANDARD Car arrival gong & car call cancel operation
Fireman Operation
Attendant Operation
Automatic car light and fan switch off
Full Height Light Curtain Door Sensor
Automatic Landing Device
x) BUILDING POWER SUPPLY : 400V, 3 Phase, 5-wire, 60Hz
y) BUILDING LIGHTING SUPPLY : 220V, 1 Phase, 2-wire, 60Hz
z) ENTRANCE FINISHES
FIXTURES #304 Hairline Stainless steel
FRAMES #304 Hairline Stainless steel
DOORS #304 Hairline Stainless steel-narrow jamb
SILLS Aluminum
aa) CAR FINISHES
CEILING (SC-101) Painted Steel
FRONT RETURN PANEL #304 Hairline Stainless steel
CAR OPERATING PANEL (COB 310) Hairline Stainless steel
WALL PANELS #304 Hairline Stainless steel
REAR PANELS #304 Hairline Stainless steel
DOOR #304 Hairline Stainless steel
FLOOR COVERING PVC tiles (TDC 315)

All works shall be undertaken in accordance with the approved architectural, plans and
specifications and the generally accepted standards of the construction industry. Before final acceptance
by the CLIENT of the finished and completed project, the completed works shall be free from excess
materials, debris, temporary structures and the like. The CONTRACTOR shall turn over the project to the
CLIENT in a neat, presentable, and completed condition in accordance with the terms & conditions of
this Agreement.

The CONTRACTOR shall not sub-contract its obligations under this agreement without a written
authorization or approval from the CLIENT.

2. SUPPLY OF TOOLS, EQUIPMENT, ETC.: The CONTRACTOR shall

furnish at its exclusive account all labor, equipment and materials and all other incidentals including
technical supervision necessary for the performance, accomplishment and completion of the PROJECT
without delay in accordance with the approved architectural, structural designs and specifications.

3. COMPLETION TIME: The CONTRACTOR shall complete the project within

One Hundred Eighty (180) Working days from receipt of NOTICE TO PROCEED/ DOWNPAYMENT
given by the CLIENT or its authorized representative. In case of delay due to causes beyond the control
of the CONTRACTOR, the CLIENT may extend the time herein fixed for the completion of the work for
a period equivalent to the time lost due to such causes, with no additional cost whatsoever to the CLIENT.

4. TAXES, LICENSES, PERMITS AND FEES: Applicable taxes, licenses and

permit fees due to the local and/or national government on account of the performance and completion of

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the project and all works stipulated herein shall be secured and paid by the CONTRACTOR at its own
expense. CONTRACTOR shall surrender to CLIENT these licenses, permits as well as receipts of the
payment of these taxes, licenses and permit fees within three (3) days from the time said taxes, licenses,
permits and permit fees have been secured and paid.

5. CONTRACT PRICE: As compensation for its services, the CLIENT shall pay the
CONTRACTOR the amount of TWENTY TWO THOUSAND TWO HUNDRED FIFTY
THOUSAND USDRLS ONLY (USD 22,250.00) AND EIGHT HUNDRED THOUSAND
PHILIPPINE PESOS ONLY (Php 800,000.00).

5.1. COST OF IMPORTED EQUIPMENT.

The cost of imported equipment shall be TWENTY TWO THOUSAND TWO HUNDRED
FIFTY USDLRS ONLY (USD 22,250.00)

5.2. COST INSTALLATION OF, LOCALLY SUPPLIED MATERIALS AND PRELIMINARY

(Inclusive of VAT)
The total contract price for the installation and Locally Supplied Materials shall be in the amount
of FOUR HUNDRED NINETY THOUSAND PHILIPPINE PESOS ONLY (Php
490,000.00)

5.3. COST OF TAXES DUTIES & DELIVERY TO SITE (IMPORTATION EXPENSES,VAT,

DUTY, BROKERAGE FEE, TRUCKING, DELIVERY TO SITE, UNLOADING)
The total contract price for Taxes and Duties & delivery to site shall be in the amount of THREE
HUNDRED TEN THOUSAND PHILIPPINE PESOS ONLY (Php 310,000.00)

6. TERMS OF PAYMENT:

6.1. IMPORTED EQUIPMENT.

6.1.1 Fifty Percent (50%) down payment shall be paid upon acceptance of this offer.
6.1.2 Fifty Percent (50%) final billing shall be paid one (1) week before shipment.

6.2. INSTALLATION & LOCALLY SUPPLIED MATERIALS : It is hereby understood that

every time a payment is made under this provision, a corresponding amount shall be deducted,
by the CLIENT, which shall include, the TEN PERCENT (10%) retention fee provided under
Clause 18 of this Agreement.
6.2.1 Thirty Percent (30%) down payment shall be paid upon acceptance of proposal.
6.2.2 Forty Percent (40%) shall be paid upon arrival of Imported Equipment on site.
6.2.3 Twenty Percent (30%) shall be paid pro-rata as the installation progresses.

Turn-over of the project shall be subject to final acceptance by the CLIENT. The final
acceptance shall be in writing, concurred in by the Client’s Construction Department, Audit
Department and School Director, and shall be issued only upon acceptance by the CLIENT of
the affidavit mentioned in Clause 17 and compliance by CONTRACTOR with the Performance
Bond stipulated in Clause 7 hereof.

6.3. IMPORTATION COST: Due immediately upon presentation of advance shipping documents.

7. PERFORMANCE BOND/SURETY BOND/CONSTRUCTION ALL RISK

INSURANCE: The Performance Bond, Surety Bond and Contractors All Risk Insurance is to be
deducted from the Down Payment of the Contractor through the client’s accounting processor in order to
furnish the CLIENT a good and sufficient performance bond in the amount equivalent to THIRTY
PERCENT (30%) of the contract price of the project to be issued by 888 ACAD INSURANCE
AGENCY to the CLIENT to secure and guaranty the Contractor’s faithful compliance with the terms and
conditions of this Contract, including payment of all salaries and legally mandated monetary benefits of
all workers employed by the CONTRACTOR.

However, the amount of this bond shall not be construed as to limit the liability of the
CONTRACTOR to the CLIENT. In any event, the extent of such liability shall be aggregate amount of
damages that may be sustained by the CLIENT. This bond shall be effective from the issuance of the

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Notice to Proceed until the project is turned over by the CONTRACTOR and finally accepted by the
CLIENT.

8. LIABILITY FOR SALARIES OF WORKERS: All workers that are or may be

engaged by the CONTRACTOR to perform the works contemplated herein shall be the employees of the
CONTRACTOR exclusively. There shall be no employer-employee relationship between the said workers
and the CLIENT. Thus, the CONTRACTOR shall solely be liable for the salaries, wages and other
employment benefits of these workers.

9. LIABILITY FOR LOSSES, INJURIES AND DAMAGES: The CONTRACTOR

shall be solely liable for any accident, injury or death, which may be suffered by any of its workers in the
course of the performance of their duties as such. The CONTRACTOR shall likewise be liable for any
accident, injury or death to other persons or any damage to property which may be caused by the acts or
omissions of the CONTRACTOR or any of its workers.

Should the CLIENT be made liable there for, it has the right to proceed against the
Performance Bond provided for in Section 6, without prejudice of demanding direct reimbursement from
the CONTRACTOR in the event that the bond shall not be sufficient there for. Furthermore, the
CONTRACTOR shall be wholly responsible for any machinery, machine, equipment, materials or work
area delivered or placed by the client to the CONTRACTOR or otherwise placed in the possession,
custody or disposition of the CONTRACTOR in relation to or pursuant to this Agreement, and any
damage or loss of parts thereof shall be the liability of the CONTRACTOR, who shall indemnify the
CLIENT and/or replace the same at the option of the CLIENT. In addition to all bonds required by the
CLIENT, a “CONTRACTOR” All- Risks Bond must be secured with the life of one (1) year. All required
bonds must be secured from 888 ACAD INSURANCE AGENCY.

10. RESCISSION AND TERMINATION OF CONTRACT: The CLIENT may

terminate or rescind this Contract and consequently refuse to allow the CONTRACTOR to proceed with
the job in any of the following cases, after giving due notice to the CONTRACTOR and its sureties:

10.1. Should the CONTRACTOR abandon the contract work;

10.2. If there is a delay of at least TWENTY PERCENT (20%) of the schedule of work
at any point in time;

10.3. Should the CONTRACTOR become insolvent, or be adjudged bankrupt, or has

assigned the contract work without the written approval by the CLIENT.

10.4. If the CONTRACTOR persistently fails to correct defective work and supply
materials or equipment in accordance with the contract documents;

10.5. If the CONTRACTOR violates any of the undertakings, terms and conditions set
forth herein.

In the event that the CLIENT terminates or rescinds this contract, the CONTRACTOR
shall be liable to the CLIENT for any excess cost incurred and will still be incurred by the CLIENT
including unrealized profits which amount the CLIENT may deduct from any money/sum that is due or
thereafter to become due to the CONTRACTOR, without prejudice to the right of the CLIENT to recover
whatever damage it may sustain by reason of such acts of the CONTRACTOR.

The CLIENT may at its option, despite such pre-termination, allow the
CONTRACTOR to continue with the project.

11. LIQUIDATED DAMAGES: In case the CLIENT allows the CONTRACTOR to

proceed with the work, the CONTRACTOR shall be liable to the CLIENT in the amount of 1/10 of 1% of
contract price for every day of delay, which the client will deduct from whatever sums is due to the
CONTRACTOR.

12. INSPECTION OF PREMISES: At all times while the project covered by the
Agreement is in progress, the CLIENT reserves the right to have its authorized representative to make
such periodic inspection of the work. This is to give the CLIENT the opportunity to reject the whole, or

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any portion thereof, which in the opinion of the Client’s representative is defective or substandard. The
CONTRACTOR shall repair or replace all rejected work at its own expense within 15 days from written
notice by the CLIENT. The CONTRACTOR shall likewise supply at its own expense the needed
materials and labor for replacing said work until the same is acceptable to the CLIENT and/or conforms
to the standards set by this Agreement. If there is any defect or substandard work noticed by the
CLIENT’s authorized representative, the CONTRACTOR shall repair or replace its work within seven (7)
days after written notice by the CLIENT to the CONTRACTOR. The CLIENT may undertake such
corrections and all cost and expenses thereof shall be charged to the CONTRACTOR and shall be
deducted from whatever amount the CLIENT is obliged to pay to the CONTRACTOR.

The CONTRACTOR has to ensure that the workers hired by it for the project shall
comply with the rules and regulations that may be imposed relative to their conduct while in the area. In
case of violation of the rules by these workers, or if they are negligent or incapable of performing their
work, they shall be removed from their work by the CONTRACTOR.

13. CHANGE/VARIATION ORDERS AND MODIFICATIONS: The CLIENT may

make alterations in the work to be performed hereunder by adding to, omitting or deviating from the
approved scope of works and specifications without adjustment on contract amount. The parties may by
mutual agreement, correspondingly modify or alter the work and the contract time herein stipulated. All
such changes in the work shall be in an approved equal material specifications authorized as duly
approved by the bidding committee and by the Chairman.

14. WARRANTY: The CONTRACTOR expressly warrants to the CLIENT that all work
shall be of good quality, free from any faults and defects and in conformity with this Agreement and
Approved Plans. All work not conforming to these standards shall be considered defective. The Internal
Auditor and Assigned Engineer must inspect all materials before its installation.

The CONTRACTOR shall be responsible for faulty materials and workmanship and it
shall remedy the said faulty materials and workmanship and pay for the damage to other work resulting
there from, which appear within a period of one (1) year from the date of acceptance of work by the
CLIENT.

The CLIENT shall give notice to the CONTRACTOR in writing of the observed defects
with reasonable promptness. If any defects or imperfections are discovered by the CLIENT and
communicated to the CONTRACTOR, which defects or imperfections are due to defective or improper
workmanship and/or inferior quality of the material used, the CONTRACTOR shall immediately
repair/correct such defects/imperfections within a period of fifteen (15) days from receipt of notice or the
same shall be done by the CLIENT for the account of the CONTRACTOR.

The Contractor's All-Risk and the Performance Bonds or the TEN PEPRCENT (10%)
RETENTION as provided for hereafter, if not yet released at the time said defects or imperfections appear
or are found, shall be answerable there for.

The CONTRACTOR undertakes to execute the work with utmost care and diligence to
protect existing facilities thereof, to prevent, avoid or forestall harm or damages thereon. Such harm or
damages shall be restored by the CONTRACTOR at its own expense to the satisfaction and acceptance of
the CLIENT.

15. RELEASE AND QUIT CLAIM: The CONTRACTOR hereby agrees to

indemnify and render the CLIENT free and harmless from and against any action for losses, damages,
liability in whatever form and nature, orders for payment of sums of money suits or threat , actions and
judgments of any kind or omissions on the part of the CONTRACTOR, his agents and/or employees, in
the execution of the work or in consequence of, or as a result of their negligence or carelessness on the
job or within the premises of the job site.

16. INSPECTION BEFORE TURNOVER: Upon completion of the Project, the

CONTRACTOR shall advise the CLIENT in writing of the completion of the Project. The CLIENT in
turn shall have the building inspected by its authorized representative and thereafter obtain the clearance
from its Construction Department, Audit Department and School Director before it communicates in
writing its final acceptance of the project.

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 17. LIENS, ENCUMBRANCES AND THIRD PARTY CLAIMS: The CONTRACTOR,
upon completion of the Project, shall furnish an affidavit under oath and duly notarized stating that all the
taxes, licenses, permits and fees, due to the government on account of the performance and completion of
the Project, and all the materials, services of third parties, supplies and salaries and wages of laborers in
connection with the Project involved in this Contract have been paid in full and that such supplies,
materials and labor are free from any liens, encumbrances or third party claims of whatsoever nature or
kind.

18. RETENTION: There shall be a deduction from the contract price set forth herein an
amount equivalent to TEN PERCENT (10%) thereof. The retained amount shall be released ONE (1)
MONTH from the final acceptance provided that a guaranty bond in an amount equivalent to TEN
PERCENT (10%) of the contract price issued by 888 ACAD INSURANCE AGENCY acceptable to the
CLIENT and effective for a period of one (1) year from the date of final acceptance is submitted by the
CONTRACTOR as substitute thereof. This guaranty bond shall be retained by the CLIENT to answer for
the faithful repairs, remake or reconstruction of defective works due to poor workmanship discovered
and/or inferior quality of material used within a period of one (1) year from the date of final acceptance.
If the guaranty bond is not sufficient to cover the cost of repair or redoing, the excess shall be deducted
from the final billing of the CONTRACTOR if there be any or charged directly against the
CONTRACTOR.

19. FREE MAINTENANCE SERVICE: Contractor shall provide free maintenance service
for one (1) year from date of completion of installation.

20. NON-WAIVER OF RIGHTS: The failure of the CLIENT to require from the
CONTRACTOR a strict compliance with the terms and conditions of this Contract shall not operate as a
waiver of any right or remedy that the CLIENT may have to enforce compliance with such terms and
conditions or to seek redress for their breach.

21. JUDICIAL RELIEF: Should any party to this Agreement be compelled to seek judicial
relief against the other party the latter shall, in addition to the damages recoverable under the law, pay an
amount equivalent to 25 % of the amount claimed in the complaint as attorney’s fees aside from the costs
of litigation and other expenses which the law may entitle the offended party to recover from the
offending party.

22. ENTIRE AGREEMENT: This Agreement embodies the entire Agreement between the
parties and any agreement hereafter made shall be ineffective unless in writing and mutually signed by all
the parties herein.

23. VENUE ACTION: Venue in the remote possibility of litigation shall mandatorily be set
in the proper courts of Quezon City only, to the exclusion of all other courts.

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 IN WITNESS WHEREOF, the parties herein have hereunto affixed their signatures on this ____
day of ____________, 2018 in ___________________

COMPANY CLIENT

By: By:

Signed in the Presence of:

_____________________________ _____________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )

) S.S.

BEFORE ME, the undersigned Notary Public for ________________, Philippines, on this day
personally appeared:

Name Gov’t. Issued ID. Card DATE/PLACE OF ISSUE

Known to me and to me known to be the same persons who executed the foregoing instrument
and they acknowledged to me that the same is their free and voluntary act and deed as well as the free act
of the corporation they represent.

I further certify that this instrument consists of seven (7) pages including the page whereon this
acknowledgement is written, with each and every page thereof duly signed by the parties and their
instrumental witness and sealed with my notarial seal.

Witness my hand and seal in ____________, Philippines, this ______ day of

__________________.

Notary Public

Doc. No. ____:

Page No. ____:
Book No. ____:
Series of 2018