Sample Template Example of a Professional Performance Guarantee Letter Format / Certificate Format a On Non - Judicial Stamp Paper for Contract / Government Tenders / Railway Tenders in Word / Doc / Pdf Free Download
APPENDIX
'B'
PERFORMANCE GUARANTEE (ON NON-JUDICIAL
STAMP PAPER OF APPROPRIATE VALUE) TO BE EXECUTED BY CONTRACTORS FOR REMOVAL OF
DEFECTS AFTER COMPLETION IN RESPECT OF RECONSTRUCTIONAL ANTI-TERMITE TREATMENT
ARTICLES OF AGREEMENT made at Mumbai,
this ……………………….day of ……………………….. Five thousand & ………………………………………….. "
........................... between Director General, Married
Accommodation Projects, having its office at Kashmir House, Mumbai -410025
hereinafter referred to as the "Accepting Officer" of the part and
Messrs ........................................... ………………….
a firm registered under the companies Act of 1956 and having their registered office
at ……………………………. …………………………………………………. here inafter referred to as the
"Guarantor" (which expression shall mean and include the partners or
partner for the time being of the firm .and their or his respective heirs,
executors and administrations/its successors and assigns in law) in the other
part.
WHEREAS
THIS AGREEMENT is supplementary to the Contract (hereinafter called the 'said
contract') between the Accepting Officer and Messrs ……………………………………………………………………… hereinafter called the 'Contractor'),
whereby the contractor inter-alia, undertook to render the building and
structures, in the said contract, safe from termite proof and completely
termite proof.
AND
WHEREAS THE GUARANTOR agreed to give a guarantee to the effect that the said
structures will remain termite proof for ten years from the date of completion
of work as certified by the PM.
AND
WHEREAS contractors has furnished a Guarantee Bearing No _____________________
for Rs _____________________.
NOW
THE GUARANTOR hereby guarantees 'that termite proofing treatment given by him
will render the structures completely termite proof and the minimum life of
such termite proofing treatment shall be ten years to be reckoned from the date
of completion of work as certified by PM.
Provided
that the guarantor will not be responsible for termite infestation caused by
earthquake or structural defects or misuse or alteration:
The
decision of the Accepting Officer with regard to cause of termite infestation
shall be final.
During
this period of guarantee the guarantor shall make good all defects and in case
of any defect being found, render the building termite proof to the
satisfaction of the PM at his own cost and shall commence the work for such
rectification within seven days from the date of issue of the notice from the Govt
calling upon him to rectify the defects falling which the work shall be got done
by the department by some other contractor at the Guarantor's cost and risk.
The decision of the Accepting Officer as to the cost, payable by the Guarantor
shall be final and binding.
Contd/----
APPENDIX
'B' (Contd/----)
That
if the guarantor fails to make good defects or commits breach thereunder then
the guarantor will indemnify the Accepting Officer and his successors against
all loss, damage, cost, expense or otherwise which may be incurred by him by
reason of any default on the part of the GUARANTOR in performance and
observance of this supplementary agreement. As to the amount of loss and/or
damage and/or cost incurred by the Accepting Officer the decision of the
Accepting Officer will be final and binding on the parties.
Signature
of Guarantor
Signature of Accepting Officer
Witness
1.
Witness
2.
Witness
1.
Witness 2.
Contractor DEPMC Accepting
Officer
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