Terms & Condition for Natural Stones work
This quotation shall be governed by and construed in accordance with the laws of the Republic of Singapore.
1) Payment Terms
1.1 All aspects of the works done under this Quotation are subject to progress claims based on the percentage of work completed.
1.2 GST and/or other taxes imposed (“additional amount”) are payable by you on top of the total fees quoted.
1.3 Payment of the additional amount will be made at the same time as payment for the total sum due under this Quotation.
1.4 A deposit of the agreed amount should be made by you to acknowledge acceptance of this Quotation. The relevant deposit/ payment must be paid within 3 days from the date of signing this Quotation and/or Purchase Order received or the Quotation will be deemed as void.
1.5 This quotation covers the entire project in terms of unit rate. The final quantities stated in this Quotation are not conclusive and any variations are subjected to an additional quote.
1.6 Prior to full payment made, all goods, whether delivered or undelivered, installed or uninstalled, or otherwise shall remain the property of MM Galleri until full payment is made.
1.7 Except as expressly provided herein, all goods sold and payments made pursuant to this Quotation will be irrevocable, non-refundable, and non-exchangeable.
1.8 Buyers shall examine and inspect all goods for any damages and/or shortages at the time of the delivery. The failure of the buyer to give notice of any claim at the time of the delivery shall be an unqualified acceptance of such goods and a waiver of the buyer of all claims with respect thereto.
1.9 All natural products may vary in colour, tone, veins, texture, size, and thickness due to their nature of being a natural material. By signing this Quotation, you shall deem to have accepted such variations (if any) and It shall not constitute defects.
1.10 Except when the wrong design or support system is being used, MM Galleri shall not be held liable for any defects liability.
1.11 The following services are not within MM Galleri’s costs under this Quotation:
a) Cost of items not mentioned in the above schedule of unit rate. They shall be considered as Variation Order
b) Quantifier Surveyor Costs.
c) Architect’s Signature.
d) Professional Engineer’s Signature.
e) Shop and As-build drawings
f) Site coordination/inspection works to execute what was agreed to you.
g) Cost of supply of utilities usage that is required for the work to be carried out
h) Cost of disposal truck
i) Cost of storage space if required
j) Cost of specializing machine tools
k) Cost of height access beyond 2m unless otherwise stated ie. Erection of Staging, Rental of Scissor/ Boom Lift, etc. All these shall be provided by the Client, Main Contractor, or Others
l) Cost of excavation work if required
m) Cost of making good of all affected area done by us.
n) Cost of any approval from the relevant Authority unless otherwise stated.
1.12 In the event you would like MM Galleri to provide these services, there will be an additional fee to be paid to MM Galleri.
1.13 This fee mentioned in Clause 1.12 will be dependent on the work done and/or quantities as delivered on-site including but not limited to wastages produced.
2) Failure of Payment
2.1 Any failure by you to make payments to MM Galleri pursuant to this Quotation shall be considered substantial non-performance and shall constitute a cause of termination.
2.2 In the event that you fail to make any payment due under this Quotation to MM Galleri, MM Galleri shall provide a 14-days written notice to you, after which MM Galleri shall suspend the performance of services under this Quotation without any further notice to you. In the event of a suspension, MM Galleri shall bear no liability to you for any delay or damage caused as a result of such suspension. MM Galleri expressly reserves the right to pursue all outstanding payments owed by you.
2.3 In the event that MM Galleri initiates any legal and/or any debit collection proceedings to recover full or any balance costs incurred under this Quotation, all legal costs and/or otherwise shall be borned by you.
3) Force Majeure
3.1 Any completion timeframe advised is indicative and is not considered binding on MM Galleri. In no event shall MM Galleri be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused, directly or indirectly, forces beyond its control, including but not limited to work stoppages, accidents, acts of God, pandemic causes, interruptions, loss or malfunctions of utilities, communications or computer services.
3.2 In the event that either party is unable to perform its obligations under this Quotation due to the conditions in Clause 3.1, the parties will be responsible for notifying the other party in writing in a timely manner, within 7 days of the start of the event.
3.3 Upon notification under Clause 3.2, measures shall be taken by the informing party to allow this contract to be completed. This may include changes to the completion date of the agreement or a change in Service Provider to ensure completion of this Quotation.
3.4 If any of the aforementioned acts in Clause 3.1 interfere with the completion of the services in this Quotation, the service provider shall be entitled to payment for services rendered up to that point in time as equality. No further losses or damages will be granted to either party.
4) Variation Works
4.1 For any variation order of works to be executed, the following schedule of rate are to be used:
|4.2.1 Haulage||Per man day||$ 600.00|
|4.2.2 Rental of Special Equipment
Inclusive of Transportation of Special Equipment
|Per Set|| $ 400.00
|4.2.3 Installation of Stone||Per man day||$ 480.00|
|4.2.4 Clearing of Debris||Per man day||$ 480.00|
|4.2.5 Skid tanker||Per day||$ 1,000.00|
|4.2.6 Re-mobilisation of work after Handover||Per event||$ 800.00|
|4.2.7 Storage (6m cube)||Per day||$ 100.00|
|4.2.8 Disposal||Per man day||$ 480.00|
|4.2.9 Polishing||Per man hour||$ 400.00|
|** All work will required a minimum of 2 (two) man day
5.1 You agree to indemnify MM Galleri for and to hold MM Galleri harmless from, any loss or expense in the instance of injury, loss, or damage beyond MM Galleri’s control during the contractual period which commences on the date on which this contract is signed to the date of the handover as defined under Clause 15.1.2
5.2 By signing this Quotation, you agree to enter into this agreement with MM Galleri of your own free will. Parties hereby agree to accept the terms and conditions in this Quotation upon the completion of the installation of the marble.
5.3 In the event of termination not by fault of MM Galleri, MM Galleri reserves the right to claim compensation for the services MM Galleri has performed under this Quotation prior to termination, together with Reimbursable Expenses and all Termination Expenses as defined in this agreement
5.4 Reimbursable expenses refer to expense that MM Galleri has incurred on behalf of you while conducting their business pursuant to this Quotation, including but not limited to travel, delivery, currency conversion, office expenses, etc.
5.5 Termination expenses refer to costs and all liabilities incurred in connection with the withdrawal, departure, resignation, or termination of this Quotation.
5.6 This contract shall supersede any and all previous agreements whether verbal or in writing.
5.7 This contract may not be modified except by writing and such modification has to be approved and signed by both parties to the Quotation.
5.8 Amendments (if any), should be issued formally via written notice to MM Galleri in which MM Galleri will respond via writing with their remarks. Instructions pertaining to amendments of the contract provided via any other means will not be entertained upon signing of this Quotation.
6) Working Together with Other Teams
6.1 All the necessary design drawings (eg. plans, sections, and elevations in ACAD format, artist’s impressions, etc), will be issued to MM Galleri at no cost to MM Galleri.
6.2 MM Galleri states unequivocally that these drawings are issued for the purpose of their design work and shall not be reproduced and used without prior approval of you, the client, and/or the consultants.
6.3 You agree to provide MM Galleri with any other additional drawings that are required and essential by MM Galleri to achieve the desired concept if these drawings are not already available to MM Galleri during the contractual period. The said drawings fall under the view of MM Galleri’s representation of the project and its various aspects and thus is the property of MM Galleri.
6.4 Any party seeking to use the drawings under Clause 6.2 and 6.3 will have to seek permission from MM Galleri should they be reproduced for any purpose. This will be subjected to MM Galleri’s approval.
6.5 Any party wishing to use them will seek permission from MM Galleri Pte Ltd should they be reproduced for any purpose.
6.6 Upon completion of this project, MM Galleri reserves the right to reference the current project under this Quotation in MM Galleri’s project portfolio.
6.7 By signing this Quotation, you agree to allow MM Galleri to photograph the project through all of its stages of works and after the project is completed.
7) Stonemasonry Installation
A stonemason is a person who works with screed material and tiles using different materials from ceramics to stones.
7.1 “By signing this Quotation, you agree to use MM Galleri’s specialty contractors (“specialty contractor””) for the Stonemasonry works (“Stonemason’s Work””) of MM Galleri’s choice.
7.2 The specialty contractor in charge of the Stonemason Installation Work will be deemed as part of MM Galleri’s “team” for the purposes of this Quotation
Stonemason Installation Work is defined as:
a) the counting, laying, cutting, or setting of all tiles were used for floors, walls, ceilings, walk the promenade, roofs, exterior veneers, stair treads, stair risers, facings, earth, fireplaces, and decorative inserts, together with any marble plinths, thresholds, or window stools used in connection with any tile work; also to prepare and set all concrete, cement, brickwork, or other foundations or material that may be required to properly set and complete such work.
b) the application of a coat or coats of mortar is prepared to proper tolerance to receiving tiles on floors, walls, ceilings, and or all other areas, regardless of whether the mortar coat is wet or dry at the time the tile is applied to it
c) the setting of all tile by the adhesion method with organic and/or inorganic thin-bed bonding materials where such bonding material is applied to the backing surface and/or the back of the tile units of sheets of tile
d) the setting of tile as herein provided shall include the installation of accessories and the insertion of decorative tile inserts in other materials
e) the setting, sealing, and installation of prefabricated tile systems
7.3 Tile Stonemason Work shall include all cleaning, grouting, and polishing of all tile, handling all sand, cement, lime, title, and all other similar materials that may be used in the installation repair, and maintenance of tile and/or similar materials.
Tile is herein defined as the following products:
(a) All burned clay products, as used in the tile industry
(b) All composition materials, Marble Tiles, Granite Tiles, Glass Mosaics, and all substitute materials for tile made in tile-like units
(c) All mixtures in the tile-like form of cement, metals, plastics, and other materials that are made for and intended for use as a finished floor surface, stair treads, promenade roofs, walks, walls, ceilings, swimming pools, and all places where tile is used to form a finished interior or exterior surface for practical use, sanitary finish or decorative purposes.
7.4 The recommended time for marble to be cured is one month (30 days) during the installation period. MM Galleri and its specialty contractor for the Stonemason Work will not be responsible for any damages arising from the premature curing of the marble.
8) Site Pre-Installation Requirement
8.1 Prior to the installation of the stone material, the site has to be handed over in the following condition.
a) “Waterproofing of the flooring in accordance to MM Galleri recommendation of the type of waterproofing membrane.”
** Please note that waterproofing does have a large effect on the stones which are laid on top of it. Should there be any defects, the stone installation team will not be responsible for any cause of defects that are proven to be from the poor workmanship of others.
c) “All walls must be plastered and painted to its finished. MM Galleri will only be doing MINOR touch-ups after that. “
d) Artistic wall must be plastered and primed to its finished. Only artistic paint may be done so after stone installation and additional large area protection (ie plastic and/or plywood) are to be provided by the painters to ensure no damages to the lay floor.
e) The site must be sealed totally (100%) from all weathered conditions
f) Site must be cleaned to be free of dust. Equipment to discharge dust if required is to be provided by the main contractor.
g) Air-conditioning should be set to a temperature of 24 degrees Celsius only
h) “No accessibility to the site. Preferable to be able for the team to lock up the site to prevent unauthorized accessibility.”
i) Well-lighted space to an average lighting level of 500lx with at least 0.6 uniformity.
j) Water and Electrical (13A) point.
8.2 After taking over the site for the purpose of the stonemasonry, the stone site will be taken into full control by MM Galleri. All accessibilities within the stone site have to be approved by MM Galleri. There shall be no access to site address, to anyone including the client unless discussed and agreed upon on a case-to-case basis and to some legitimate emergency cases.
9) Transportation, delivery, hoisting, storage spaces, and preparation area
9.1 Transportation and hoisting facilities are to be provided by the main contractor. Any additional work (if required) will require additional costs paid to MM Galleri.
9.2 Materials shall only be delivered to the ground floor level where it is accessible to delivery trucks.
9.3 Large size materials (1.6m x 2.2m size and above) that require third-party delivery companies will be charged separately.
9.4 Contractors are to provide safe storage space that is spacious enough to store the materials including the area of stone required to be used for the laying of the stone material. The storage space must be located near the project site of the lay area. The size of the storage space and the space requirement will be advised by MM Galleri at a later date.
9.5 In the event that the build site space is too small and the material has to be housed outside and exposed to weather, you and/or the contractor will bear the costs for full tentage facilities for the storage of these materials, subject to inspection.
9.6 The main contractor is to provide a preparation area / designated cutting area to facilitate the installer with clean site conditions.
10.1 Throughout the stone laying project timeline, several stages of inspection will be done by MM Galleri’s team before or after installation.
10.2 Only you, the Client (Payee), Consultant, and MM Galleri’s Stone Team are allowed to inspect the stone in every stated inspection schedule. The decision made by the aforementioned parties shall be deemed as final.
10.3 The schedule of installation
a) Waterproofing work in readiness progress to the upcoming screeding and laying of stone finishes.
** While MM Galleri is in charge of the inspection of the waterproofing process, MM Galleri is in no way responsible for the waterproofing works
b) Pre-installation of stone finish as site inspection taking over.
c) After installation. Handing over back to the contractor for other work to be done. See section 10.2 for post-laying protection procedure
d) Pre-installation of stone finish as site inspection taking over.
e) After installation. Handing over back to the contractor for other work to be done. See section 10.2 for post-laying protection procedure
f) Pre-final buffing to the stone finished before the final handover of the project
11.1 Pre-laying protection
a) Contractor takes on full responsibility to protect the initial screed after the waterproofing was done. Protection shall consist of 2mm PP corrugated paper and together with plywood will be laid on a clean surface of the screed.
11.2 Post-laying protection
a) After the stones are laid, no one should be stepping on the unprotected access within the exception of the demarcated plywood areas
b) After the handing over of the laid stone and before the buffing process, the contractor has to provide a supervisor to oversee the proper handling of the space.
c) The contractor shall be fully responsible and liable for any access to the unprotected area and shall inform MM Galleri in advance to provide additional protection. Such additional protection may incur additional costs payable by the contractor to MM Galleri.
d) Requirement, rules, and handling procedures will be handed over after the installation of the stone is finished. The requirement will be provided and handover officially (instruction sheet) and all parties involved are to sign acknowledging the receipt and understanding of the instruction.
e) In no event shall MM Galleri or its team be liable for any damages caused to the finished stone material after the handover of the stone material. Any costs incurred as a result of damage caused to the finished stone that requires rectification/ extra works to be done by MM Galleri shall be compensated to MM Galleri, including transport, shipping, manpower, and time costs.
f) The recommended time for marble to be cured is one month (30 days) during the installation period. MM Galleri and its specialty contractor for the Stonemanson’s installation will not be responsible for any damages arising from the premature curing of the marble.
12) Work Schedule
12.1 The work schedule will be from 8 am to 9 pm over the weekday (Monday to Friday) only, excluding public holidays.
13) Disposal and Trash
13.1 The main contractor shall be responsible for any disposal of waste material.
13.2 If there are wastes on different levels, the waste shall be collated at every level and the Main Contractor will assist to transfer these wastes from every level to the waste bin without any chargeable cost.
14) Other requirement and Request
14.1 Bathing and washing-up facilities are to be provided to the workers. The workers shall be allowed to wash up/ bathe before leaving the site if necessary.
15) Handover, Defect, Warranty and Liability
a) MM Galleri works are limited to workmanship only.
b) Upon the handover procedure and the agreement to take over by the client or the contractor team, MM Galleri will not be responsible for any damage to the stone material and MM Galleri reserves the right to claim for the full additional costs if extra/rectification works are warranted.
a) Any defect which is either discovered and /or reported by MM Galleri or through the inspection agreement between the Client (Payee) and Consultant, shall be rectified by MM Galleri with maximum control as part of defective rectification
b) Controlled defect rectification works will be done in accordance with MM Galleri’s standards. Ample time and correct environment must be given to MM Galleri.
c) Any im-properties of the stone material or pattern disagreement by the client after the stones are laid shall not be considered defective works.
15.3 Warranty and Liability
a) The warranty for installation works is of 3 years. This warranty would commence from the date of completion of work or handover, whichever is later.
b) You undertake not to bypass or circumvent MM Galleri to deal with or communicate in any form or manner, whether verbal or written, or finalize the sale or supply of the goods and services with MM Galleri’s contacts. In the event of a breach of this clause, you undertake to be liable to MM Galleri for all loss damage and expenses, which shall include but not be limited to, the loss of their commissions and brokerage fees as well as goodwill and all costs and expenses and outgoings incurred by the MM Galleri for the project. For these purposes, any computation presented by MM Galleri shall be deemed final and conclusive and shall be accepted without dispute by you.
c) Any waiver of any breach of this Quotation shall not be deemed to apply to any succeeding breach of the provision or of any other provision of this Quotation. No failure to exercise and no delay in exercising on the part of the Client or MM Galleri Pte Ltd of any right, power, or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of any right, power or privilege.
d) The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies otherwise provided by law
This Agreement shall be governed and construed under the laws of Singapore and the parties hereto submit to the exclusive jurisdiction of the Singapore Courts.
We trust that the above is in order and look forward to a long-lasting business relationship with your esteemed organization.
Please do not hesitate to contact us should you have any queries. You could contact me either in my office.