BONG-AO-LOK-BENDEJO
BONG-AO-LOK-BENDEJO
BONG-AO-LOK-BENDEJO
- AND-
JORIN LOK and MALOU BENDEJO of legal ages, Filipino Citizens , both
single and residing at Bong-ao, Valencia, Negros Oriental.
- WITNESSETH:
a. The parties to this Agreement shall first conduct a personal conference and
consultation to mutually discuss and agree upon the changes proposed by any of
the parties hereto;
b. All changes on the approved plans shall be approved by the BUILDER and \the
BUYER,
c. If such changes are made the corresponding value or amount must be agreed
upon in writing or mutual between the BUYER and the BUILDER. The BUYER will
oversee all the extra cost of labor and materials,
d. The BUILDER shall affix the signature of its duly authorized Engineer and
e. The said changes shall be approved in writing by the OWNERS prior the
implementation thereof by the BUILDER.
This Agreement is subject to the following terms and conditions:
1. Project
2. Scope of Work
The BUILDER shall exclusively undertake, pursue and manage the completion of the
project and shall likewise provide all the necessary materials, labor, tools and
equipment necessary for the construction of the said project, and shall perform all
such works in accordance with the approved plans.
The BUILDER shall not carry out extra or varied works without the permission and
approval of the BUYER and/or his authorized representative. In the same manner
any additional construction, revision i.e., not covered by the construction plans and
scope of work specified, shall be subject to separate billings by the BUILDER.
The work shall be completed by the BUILDER within ONE HUNDRED FIFTY (150)
working days. Provided, however, that any delay of reason of force majeure of
fortuitous event, or by reason of additional constructions or amendments to or
changes in the construction shall be excluded.
The BUYER shall pay to the BUILDER for the performance of this agreement the sum
of ONE MILLION THREE HUNDRED FIFTY THOUSAND PESOS Only (PHP1,350,000.00)
for the lot and construction cost in the following terms:
5. Guarantee
The BUILDER hereby guarantees that the project shall be constructed strictly in
accordance with the scope of works and condition of this contract .
6. Warranty
Warranty: One (1) year from the date of final acceptance of the project. The
BUILDER shall replace defective job at his own expenses during the entire period.
On the other hand ordinary wear and tear intentional or accidental breakage is
excluded in the warranty.
7. Liability
The BUYERS shall be held free and harmless from any and all civil and criminal
liabilities and from any and all legal, administrative, judicial and extra judicial
claims, demands, suits or actions by the Construction Workers, Staff, Personnel and
Agents of the BUILDER, by any and all Third Parties and Entities, whether natural or
juridical, and by any and all concerned Local and National Government Agencies
arising from, caused by, by reason of, or due to the construction of the subject
residential building, such as, but not limited to:
a. Salaries, Wages, Allowances and Workers Benefits, as required by applicable
labor laws,
b. Overtime pays, as required by applicable labor laws,
c. Holiday pays, as required by applicable labor laws,
d. Service incentive leaves, as required by applicable labor laws,
e. Any and all other mandatory and existing leaves mandated and required by
applicable labor laws, rules and regulations,
f. Thirteenth month pays, as required by applicable labor laws,
g. Compensations for Injury or Death of the Construction Workers, Staff, Personnel
and Agents of the BUILDER, pursuant to applicable laws, rules and regulations
and/or by equity and natural justice,
h. Compensations for any and all Injury or Death caused to and sustained by any
and all Third Parties or Entities, pursuant to applicable laws, rules and
regulations and/or by equity and natural justice,
i. Premiums for the coverage of the Construction Workers, Staff, Personnel and
Agents of the BUILDER under the Social Security System (SSS), PHILHEALTH, and
PAG-IBIG, and other relevant labor legislations, payable by the BUILDER to the
Government, pursuant to applicable laws, rules and regulations and/or by equity
and natural justice,
j. Any and all Income and Other Kinds of Taxes of whatever nature and kind, as
well as any and all administrative and regulatory fees and charges of whatever
nature and kind, payable by the BUILDER to the Local and/or National
Governments, pursuant to applicable laws, rules and regulations and/or by
equity and natural justice, and
k. Any and all other legal or financial obligations of whatever nature and kind not
mentioned above which are payable by the BUILDER to the Local and/or National
Governments pursuant to applicable laws, rules and regulations and/or by equity
and natural justice.
The BUYER shall not be held liable for any and all liens and encumbrances which the
BUILDER might incur from any and all third parties or entities arising from the
supply of materials, labor, or services rendered for the project.
The BUILDER shall secure a CONSTRUCTION ALL RISKS INSURANCE at its own
expense for the benefit of and to secure, assure and protect the BUYERS, as
the assured party, from any and all claims, risks, suits, actions and demands by any
and all persons or entities arising from, by reason of, caused by, and due to the
subject construction activities.
8. Exclusions
a. The BUYER-supplied materials such as WI-FI, Cable TV, Telephone, Furniture, and
the like are excluded from the obligations of the BUILDER under this Agreement.
b. All Items and/or Materials which are not indicated in the Design, Drawing Plans,
or Contract Documents and which are not discussed, approved and signed by
the parties to this Agreement shall be excluded from their respective obligations.
WITNESSES: