ANNEX D — SCHEDULE OF FORM OF COLLATERAL WARRANTY

ANNEX o
ANNEX D

Schedule of Form of Collateral Warranty

Details 3“
nu-n1_'fi1:_;.2;&;. i:;::;:2:,.2::r;t:* ff . .. _ _. . __._.._.1 .. .. ._ _. .. in . ._ _ __._ 1_-9-1 _. . __ _ _ ___ __ in nun *7? 7 7 7

'-I-_==<.-.1'.1-‘.:.';-_-.-;.-.-..:..:s.;=_I;<<-5..;-.~=.-.=_-.-.--';>;.-a=.>;.;.:---:=;.-=13;..=---.-._-:-.-:-:'.=;>_-_-._-=';_-_. ...;..-=-.-=;.-..-c;>-.----;>==_:,.-.
-"_1_=".I;.._-.==;-§.ac5<1=-:=:.-._.:=.-.~t=;-;==_..5 ;:;.y.-,;_:-_.:.==_.-3;;
:-";-,_-..»-_; 1, _-;_,.~=;_-._-;,_ . .. .__ ._ . .. ._ J ...i.7._i_‘_..i_. ..,’ _ri;l.;;.._.7ii_i.;i_i..‘:);Ll;L-._ .;L., .i:._ :.i_A_i. _ . :)_ii?_ ._ ._ .*--_;k._;.i,_ L-_i_i..i i_7.i.i.

i
Warrantor Name [Insert]

Address [Insert]

Telephone [Insert]
[Insert]
in-1 _

Fax [Insert]
[Insert]

Employer Name [Insert]

[Insert]

Address [Insert]

Telephone [Insert]

Fax [Insert]

Recitals The Contractor entered into the [Insert

[insert works
Project.
titIe]Construction Contract for the Project

The Warrantor contracted with the Contractor for a portion

of the Project under the Subcontract
Subcontract.

The Warrantor agreed under the Subcontract to execute

this warranty in favour of the Employer
Employer.

Governing 0 H Laws
Laws Br En*iirate'o'r‘li'>"Ii'b'aijaififd
of the Emirate of Dubai and the the Federal Laws ofthe;
Laws of the
law Dubai.
UAE as applicable in the Emirate of Dubai
————~7— F" _rT____ __ __ _ __ __ _ _ __ _ __ _ 1-1 in-1

Date of [Insert]
Warranty

Page 1 of4
General terms

Warranty

The Warrantor warrants to the Employer that all work performed and
all materials or parts supplied by the Warrantor in the course of the
Subcontract Works will be:
(a) at least of the quality and to the standard required by the
Subcontract; and

(b) to the extent that the level of quality or standard are not
stipulated in the Subcontract, of good workmanship and
merchantable quality; and

(c) fit for the purpose or purposes for which they are required.

For the avoidance of doubt, the warrantor does not warrant for any
wear and tear or misuse or negligence on the part of the Employer
/user in carrying out specified maintenance including consumables
and/or otherwise and for any event excluded under the Subcontract.

2. Manufacturer's warranty

This warranty is in addition to and does not derogate from any

manufacturer's warranty or warranty implied by law, attaching to
any materials or goods provided under the Subcontract and will be
governed by the standard warranty terms and conditions of the
manufacturer.

3. Rectification
The Warrantor agrees to at its own expense, replace and make good
to the reasonable satisfaction of the Employer so much of the
Subcontract Works from the date of the Taking Over Certificate
issued in respect of the Construction Contract and for such period as
the Warrantor be liable under its Subcontract or by operation of the
governing law, that:

(a) the Employer reasonably considers are of a lower quality or

standard than that referred to in clause 1; or

(b) show deterioration to an extent that the Employer reasonably

considers that the Subcontract Works, or the goods supplied
by the Warrantor, ought to be made good or replaced in order
to achieve fitness for the purpose or purposes for which the
Subcontract Works were performed or supplied.

F 4. Time for rectification

Within a reasonable time after written notification to the Warrantor

of a decision of the Employer as to work required by clause 3, the
Warrantor will replace and/or make good the Subcontract Works at
its cost whether or not any disagreement or difference exists
between the Warrantor and the Contractor.

Page 2 of4
of 4
Rectification at Warrantor's cost L

If within the time stated in a notice provided under clause 4 the

Warrantor does not carry out the work stated in the notice, the
Employer may carry out that work, or cause it to be carried out. The
Warrantor indemnifies the Employer against all costs and expenses
of and incidental to the carrying out of the work (but excluding
consequential losses and / or damages) as a result of the
Warrantor's failure to comply with the notice under clause 4.

Assignment

The Employer may assign all of its rights under this agreement by
written notice to the Contractor and the Warrantor.

Definitions

Contractor means [Insert].

Employer means the party stipulated in the Details.

[insert works title] Construction Contract means the contract

between the Employer and the Contractor dated [Insert] for the
construction of the Project.

Project means the construction, commissioning, testing, completion

of the [insert works title] Project forming part of the [insert]
Project.

Subcontract means the contract between the Contractor and the

Warrantor dated [Insert] related to [Insert work details] on the
Project.

Subcontract Works means the works undertaken by the Warrantor

under the Subcontract.

Warrantor means the party stipulated in the Details.

Page 3 of4
EXECUTED as an agreement.

EXECUTED by [WARRANTOR]
by authority of its directors:

I I I I n n n u n I I H n u I n n I I U I U I n n Q n n n I n n I I Q I I I I 0 I I I II n n a n Q n Q n Q o n l Q p n Q Q n n I | | n Q I n J I | n 0 I n J o I I n n Q I n I u n - p n u pp

é'Signature
i'§HéEdFé'6of¥'édirector
}FéE£}5'é """" Signature of director/company
secretary*
*delete whichever is not applicable
I n I I I n I I I I I U : I I I | I n I n I I l a n I I I I Q 0 u I n U 0 IPIIIIIIIII

Name of director (block letters) l I | 1 Q I n l | n l!lgnnnlnpn|nnnn|||ngnn-pu|nppqnun9-‘gun;I

Name of director/company secretary*

\kvi"-=1\~_;/
_'zuugi
\/‘A4kw;Ci)
J-i\/ \/4_/\z\./-.u;_iJ4\.u_J (block letters)
*delete whichever is not applicable

EXECUTED by [EMPLOYER] by
authority of its directors:

n r I I I l I I n I I I I I I I I I I I I I I Q I I I I I I I i Q i I U I u I I t n Q I Q Q ll I I I I l I n q - n I | I I I a 1 I u I I I I - - I D I I I I a n n n o U n n I n Q Q n A n n Q n ll

Signature of director Signature of director/company

secretary*
*delete whichever is not applicable

K15iidéBF'aiFéE£B'F'(i5iE>}§iZ'iéeers)
ii'5}$%'é'5?'éiFéE£5FEiéiéléilléttersj I I I I I I I I I I U I I I I I I I I I Q I I I I I Q I u \ u I u n n I npalll-lllanongnl

Name of director/company secretan/*

secretary*
(block letters)
\\utJgil
/\-u*4f5-CY!
.RWJ\n-lg£1;
z‘*1\k;f;
\./_\/. _/\ .~_/\ '-__/'Hi?'H._,./ *delete whichever is not applicable

Page 4 of4
0f4