Terms & Conditions - Sales

1. Payment conditions

1.1 Mobilisation or Down Payment: Refer to proposal

1.2 Interim Payments: Refer to proposal

1.3 Invoicing: Refer to proposal

1.4 Payment Terms: Invoices payable 21 days from the date on the invoice unless stated otherwise in the proposal.

1.5 Late Payment: Invoices not paid within 21 days from date of invoice shall be subject to a 3% financing charge on the full outstanding balance. The financing charge will be included in subsequent invoices.

1.6 Retention: No retention shall be applied to this service only contract.

1.7 Back to back payments: This contract is NOT offered on a back-to-back basis.

1.8 Net Money Due: The net money due to Forsspac MBR is the stated fee less the 2% EWT plus VAT. Any other fee, deduction or tax imposed on this contract as a consequence of the services performed by Forsspac MBR shall be paid by the customer.

1.9 Fees based on workscope: Net fees quoted have been calculated through our interpretation of the work scope contained in the proposal founded upon information supplied by the client. Any changes to the work scope or any other information provided by may affect the net fees payable to Forsspac MBR.

2. Commencement

Within 15 days of receipt of notice to proceed and downpayment unless otherwise stated in the proposal

3. Duration

Forsspac will make every effort to work to the agreed project plan as detailed in the proposal.

Changes to the work scope or working conditions may affect the overall project plan. Should either party come to knowledge that the project may not be completed on time then they have a responsibility to advise the other party accordingly and seek an agreement as to how to proceed.

Forsspac shall not be held liable for delays in the project caused by the failure of the customer to resolve either technical or commercial matters that are brought to their attention as having a material bearing on the targeted completion date prevailing at the time the matter is raised with them.

4. Additional Works

Should Forsspac be required to provide additional Service(s) outside of the work scope proposed herein, then the additional Service(s) shall be agreed by both parties including cost and duration, before the additional Service(s) is delivered.

5. Table of Rates by Job Type

Where Forsspac is called up to provide additional services or to enter into an extension of time arrangement the Table of Rates shall be used to calculate the human resource element for the services in contemplation.

Rates stated in the Table of Rates do not include any preliminary costs.

Rates stated in the Table of Rates are stated by job type which is not the same as the job title a person holds as per the project organisation chart.

Forsspac HR department is responsible for allocating staff rates to job title. Refer to proposal for the table of rates.

Additional drawing prints shall be billed as per table rates. Refer to proposal for the table of rates.

6. Extension of Time

Should an extension of time be required for reasons beyond the control of Forsspac e.g. change of scope, lack of design direction etc. then this extension shall be agreed between both parties to this contract to minimise additional costs.

Any such agreement must detail human resources and equipment to be deployed, their associated costs and the duration of their deployment.

7. Rates for work outside of normal working hours

Overtime on a Regular workday +25%

Work on a rest day or special holiday +30% (for the first 8 hours)

Work on a Regular holiday +100% (for the first 8 hours)

Other overtime/work rates, in line with local legislation, will be quoted separately should the need arise.

8. Hours of Work

The regular hours of work are 44 hours per week Monday to Saturday.

Should staff be deployed to other locations, hours of work may be adjusted to fit in with local working conditions. However, the actual start and finish times must be agreed before work commences.

Regular contracted hours of work may be changed subject to commercial agreement.

9. Dispute Resolution

Should a dispute arise between the parties to this agreement, the principals of each party shall meet together and work to resolve such dispute amicably. Should a resolution to the dispute not be reached in this way, the parties shall retain the services of an independent dispute resolution specialist to mediate between the parties. Should mediation fail to resolve the dispute, arbitration shall be adopted.

10. Exclusions

The following are excluded from this agreement:

Preparation of base DWG’s for all trades.
Service(s) not explicitly included in the work scope stated within this proposal.
Contractors (CAR) Insurance.
Performance/Payment and any other Bonds.
Bank Guarantee.
Payment of fees and disbursements in connection with project or trade permits, governmental approvals and all similar costs or fees.
Local Government Tax(s) as applicable
Travel costs not specifically stated within the bid (Travel within Manila is usually included, overseas travel (air, land or sea), country visa’s and travel to locations outside of Metro Manila are generally not included unless specifically requested and agreed to)
Variations without written instructions to proceed (Notice to Proceed or Purchase Order required for all agreed variations)
Payment Retention however it may be so construed or whatever name is given.
2D and 3D Native Files

11. Facilities

Where applicable and unless agreed otherwise the following resources are to be provided free of charge to Forsspac when site-based work is required:

Site accommodation. {Offices must be well lit, clean, dry and air conditioned. Office furniture shall be provided to General Contractor standard, including desks, chairs, etc.}
Site Office facilities. {Including the use photocopiers, telephones etc.}
Mains power. {Min one duplex outlet per desk}
Internet access. {One LAN or Wireless connection per computer deployed to site,10mb/s or better}

Where applicable and unless agreed otherwise the following resources will be provided free by Forsspac:

Computers, printers and appropriate software.
Personal Protective Equipment (PPE). {Does not include specialist items such as scaffolding, lift platforms, clean room work wear etc.}
Office supplies and consumables. {For use by Forsspac staff only}
Staff house. {Where a staff house is deemed to be required this will be included within the fees levied and will include all utilities and related costs}

12. Termination

Either party has the right to terminate the contract by giving at least 30 days’ notice in writing to the other party but without prejudice to any sums due or owing them.

Either party may terminate this contract by written notice to the other at any time if that other party:

Commits a breach of this contract and, in the case of a breach capable of remedy, he fails to remedy that breach within 14 days of being required to do so in writing; or
Becomes insolvent, or has a liquidator, receiver, manager or administrative receiver appointed.

Forsspac may terminate this agreement by serving written notice to the other party at its usual place of business, but without prejudice to any sums due or owing them, if the other party fails to pay its fees promptly (or at all), or shows evident intention of abandoning the Project or for any other cause(s) recognized in law.

Upon termination, with or without cause, Forsspac shall raise a billing invoice for all work completed and proportionally for all work in progress at the time of termination. Payment terms for this billing invoice are immediate.

13. Remedy

So long as any breach of the terms of this agreement are rectified within 14 days from breach being notified then the agreement shall continue as if no such breach had occurred.

14. Validity

This bid shall remain valid for 30days from the date the proposal is transmitted to the receiving party.