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AN AGREEMENT made this day of 23 rd.

March, 2010

BETWEEN

CG CAHAYA PHARMACARE SDN BHD (Co. No : 512338-P)


Of address ;

No.24, Jalan Kesang,


77000 Jasin, Melaka.

(hereinafter called as ”SELLER” of the one part)

AND

AFY VENTURE SDN. BHD. (Co No : 593670-T)


Of address ;

Lot 106 & 108, Jalan TU 2,


Taman Tasek Utama,
Ayer Keroh ,
75450 MELAKA

(hereinafter called as ”BUYER” of the other part)

WHEREAS AS AGREED :
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1. THE BUYER AGREED TO PURCHASE OF DUMPING RIVER/MINING SAND
INCLUSIVE OF TRANSPORTATION USING LORRIES OR OTHER MEAN OF
TRANSPORTATION AT THE RATE OF

RM 19.00 (MALAYSIAN RINGGIT: NINETEEN ONLY) PER MT

AND THE SAID PRICE IS INCLUSIVE OF TRANSPORTATION USING TIPPER LORRIES TO


OUR PROJECT SITE AT PETRONAS SG. UDANG MELAKA .

Hereinafter referred as : OFFERED PRICE INCLUSIVE OF TRANSPORTATION ie;

All cost and matters effected on the tansportation works for the delivery is borne
by the SELLER as CONCESSIONAIRE to supply and deliver of DUMPING
RIVER/MINING SAND TO PROJECT SITE.(hereinafter called as dumping sand)

SPECIFICATION OF DUMPING RIVER/MINING SAND is meeting the JKR standard. The


latest test result to be enclosed with these agreement.
SAND CONCESSION OWNER shall have the valid permit during the entire project
duration. The latest valid permit shall be enclosed with this agreement.

Notwithstanding, the SELLER shall meet a delivery schedule of the dumping sand for
the purpose of SAND DELIVERY REFERENCE (AS PER SCHEDULE AT APPENDIX A).
For the first trip delivery of sand, the BUYER shall identify the exact site location for
goods to be delivered.

TRANSPORTATION AND DELIVERY DETAILS :


The identification of the tipper Lorries or other mean of transportation together with
the sand delivery schedule to deliver sand to the project site area at PETRONAS Sg.
Udang Melaka i.e. the sand mining/river seller shall obtain approval from the
relevant authority to deliver the dumping sand as per the contract agreement.

PAYMENT SCHEDULE BASED ON THE DELIVERY.

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THE SELLER shall complete the first delivery of sand to the project site at
PETRONAS Sg. Udang, Melaka for the quantity of 5,000 MT (Metric Ton) per day
or more AFTER a week (6) days (delivery on Saturday subject to PETRONAS
approval) of the Bank Guarantee received.

1. PAYMENT;

BUYER shall issue a Bank Guarantee equivalent to the first package at


500,000 MT per package or RM9,500,000, Seller will make a weekly claim to
the Buyer.

Upon successfully completed the First package Buyer will issue the Second
package of same quantity and at the same time, the Bank Guarantee will be
issued.

2. The BUYER hereby agreed that the quantity of dumping sand deliver daily shall
be calculated from the value of the Bank Guarntee until at certain stage whereby
the amount of the delivery has reached eighty percent (80%) of the Bank
Guarantee value. When this occurs, the BUYER has agreed to issue a new Bank
Guarantee of the remaining quantity on TWO WEEKS basis schedule.

3. As agreed by the SELLER and the BUYER all payment shall be made payable to
the SELLER name using cheque or by Telegrafic Transfer (TT).

4. THE SELLER shall deposit an Earnest Money amounting RM15,000


(Ringgit Malaysia: Fifteen Thousand Only) upon signing of this
agreement. The deposit shall be made by cash or cheque in favour of
AFY VENTURE SDN BHD. This deposit shall be return to the Seller upon
successfully completed the contract supply.

TRANSPORTATIONS

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1. THE SELLER shall agreed to supply and deliver the quantity of 10,684 MT of
dumping sand to project site per day using Tipper lorries to transport sand
from the concession areas at reasonable distance from PETRONAS Sg. Udang,
Melaka.

The BUYER shall authorised to have the sand concession area near to
Petronas Sg. udang due to the shorter distance which shall enable SELLER to
have a larger quantity of Sand & faster delivery to accomodate the quantity
required by the BUYER. With the sufficient supply and the delivery trip on
schedule the maximum supply can be reached eventhough the daily volume
is not the same quantity but will meets the target volume of 100,000 MT per
month or more as planned.

2. Based on this nearest concession area , our company shall have the
capability to supply the requested quantity based on the contract of 100,000
MT or more per month.

3. The delivery of the dumping sand using tipper lorries is the best and fastest
way to implement this supply for our client at project site at Petronas Sg.
Udang Melaka.
4. All planning and mobilization works will be based on the Delivery Schedule
given to achieve the target for the quantity required as per daily, weekly and
monthly basis, starting from the first month delivery until the final delivery as
planned in the contract.

5. The SELLER has agreed to supply the sand (6) days in a week x (6 a.m to
7p.m) hours excluding of Sunday and Public Holidays; provided that the
quantity supply per month is not less than 100,000 MT per month or more
or as stipulated in the contract.

6. Any cost or problems which may arise during the delivery shall be borne by
the SELLER.
7. A penalty of 5% value will be charged to the SELLER of any shortfall of
delivery within the (26)twenty months supply. If the SELLER can recover the

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shortfall within the three months of delivery period then no charges shall
incurred to the SELLER.

8. BOTH PARTIES has the right to terminate this agreement by giving one
month(1) notice in writing if there is any misunderstanding or discrepancy
arise from this contract.

9. Each party hereto shall borne and pay its own legal fees to their respective
solicitors and to pay all stamp duty charges arise from this contract.

10. This agreement shall binds for 26 months with the total volume of FIVE
MILLIONS MT (5,000,000) of dumping sand or more as stipulated in the
Contract at project site at Petronas Sg. Udang, Melaka.

11.All official correspondance to be sent to the management office of


CG CAHAYA PHARMACARE SDN BHD (512338-P)

12.This Agreement shall be binding upon the respective assigns, heirs,


administrators from both parties.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day
and the year above written.

FIRST PARTY (SELLER)


Executed and Signed by CG CAHAYA PHARMACARE SDN BHD (Co. No. 512338-)

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…………………………………………………
Name :
Position :
NRIC No :
Date :

Witness By
: ………………………………........................
Name :
Position :
NRIC No :
Date :

SECOND PARTY (BUYER)


Executed and signed by AFY VENTURE SDN. BHD. (Co. No: 593670 T)

…………………………………………………
Name :
Position : Managing Director
NRIC No :
Date :

Witness By
………………………………………………..
Name :
Position :
NRIC No :
Date :

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