BONG-AO-LOK-BENDEJO

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PROJECT TITLE: TOKG20240___

LOCATION: Lot 897-C6-B, BONG-AO, Valencia

DEED OF CONDITIONAL SALE AND

GENERAL CONDITIONS OF THE CONTRACT


This agreement is made and entered into this day, _____________________
2024 in Dumaguete City, by and between:

The Orange Kite Group, Inc., represented by ADRIAAN GABRIEL J.


DIEDERICKS, with office address at Legarda Street, South Poblacion, Valencia,
Negros Oriental, Philippines.

- hereinafter called the FIRST PARTY/BUILDER

- AND-

JORIN LOK and MALOU BENDEJO of legal ages, Filipino Citizens , both
single and residing at Bong-ao, Valencia, Negros Oriental.

- hereinafter called the SECOND PARTY/BUYER

- WITNESSETH:

WHEREAS, the FIRST PARTY/BUILDER is a juridical personality duly


registered with the Security & Exchange Commission (SEC), with office address at
Legarda Street, Valencia, 6215, Negros Oriental.

WHEREAS, the BUILDER presented and warranted to the BUYERS that it is


capable, competent, and a duly registered construction enterprise licensed and
authorized by law to construct and to complete the aforementioned Residential
Building in accordance with the plans and specifications hereinafter;

WHEREAS, on the basis of the foregoing representation and warranty of the


BUILDERS, the BUYER/SECOND PARTY accepted the offer of the BUILDER to BUY a
TWO HUNDRED FIFTY-ONE (251) SQUARE METERS PORTION of land and to
BUILD a residential one-storey house thereon, which portion is known as Lot 897 -C-
6-B.

WHEREAS, any part of the Contract may be changed by the parties to


this Agreement to improve, preserve and protect the beauty and strength of the
structure.

WHEREAS, all changes in the Design and Contract Documents shall be


subject to the following conditions:

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

The Project is a Residential House to be constructed on Lot 897 – C-6-B, situated in


Bong-ao, Valencia, on a lot purchased from the BUILDER and a total construction
cost of ONE MILLION AND THREE HUNDRED FIFTY THOUSAND PESOS
(PHP1,350,000) to be paid by the BUYER.

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.

All additional constructions and amendments to or changes in the plans and


specifications from the date hereof and the corresponding costs thereof shall be
subjected of a written agreement between the parties.

3. Contract Period / Time of Completion

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.

4. Contract Sum and Terms of Payment

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:

a. A deposit of PHP400,000.00 shall be paid upon the execution of this


contract;

b. The amount of PHP300,000.00 shall be paid upon the completion of the


foundation;

c. Another amount of PHP300,000.00 shall be paid upon completion of the


roof;

d. A final payment of PHP350,000.00 shall be paid upon handover.

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.

IN WITNESS WHEREOF, We have set our hands this ____________ at


Dumaguete City, Philippines.

ADRIAAN GABRIEL J. DIEDERICKS


TOKG/BUILDER
SA PASSPORT NO. A10243831

MALOU BENDEJO JORIN LOK


SECOND PARTY SECOND PARTY

WITNESSES:

DOLLY VILLARUBIA LOMER BENDIJO


ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)


CITY OF DUMAGUETE)

BEFORE ME, this _____________ day of 2024 in Dumaguete City, Negros


Oriental, parties personally appeared. known to me and to be the same person who
executed the foregoing instrument, consisting of FOUR (4) pages including this page
where the acknowledgement is written and they acknowledged to me that the same
are their true and voluntary act and deed.

WITNESS MY HAND AND SEAL.

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of 2024.

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