INSTRUCTION TO CLIENT
1. Introduction
1.1 General
(a) Property owner (hereinafter called the “CLIENT”) invites the Bidders (hereinafter called the “BIDDER”) to bid for renovation works (hereinafter called the “WORKS”) as published in www.rekatone.com (hereinafter called the “WEBSITE”). For the purpose of this document, any reference to REKATONE shall means the administrator of the WEBSITE.
(b) The CLIENT is required to submit all information and/or documents related to the “WORKS”for the purpose of obtaining quotation and services from theBIDDER which shall be conducted by way of e-bidding exercise as provided in the WEBSITE(hereinafter called the “eBidding”).
(c) The CLIENT hereby acknowledges that the WEBSITE is merely to link the CLIENT with the successful BIDDER through the eBidding services as provided thereinand in so doing, REKATONE shall not be responsible for any acts/omissions and/or any liabilitiesderivedtherefrom by either the CLIENT and/or the Bidder
2 eBidding
2.1 By using the eBidding services as provided in the WEBSITE, the CLIENT is deemed to have consented to the price quoted by the successful BIDDER whereby the successful BIDDER shall be awarded for the WORKS upon completion of the eBidding exercise. For the avoidance of doubt, successful BIDDER shall refer to BIDDER with the lowest quotation which has been notified in writing by REKATONE upon completion of the bidding exercise.
2.2 The CLIENT hereby acknowledges that REKATONE reserves its absolute discretion to review all quotations made through the eBidding services by the BIDDER whenever REKATONE deems fit and at all material times.
2.3 Upon completion of eBidding, a contract with seventy two (72) hours validity shall be formed, and terms and conditions as appeared therein shall bind both CLIENT and successful BIDDER respectively.
2.4 The CLIENT needs to respond within seventy two (72) hours for the contract to be valid and awarded to the successful BIDDER. Failing which, it shall be deemed that the contract will be forfeited and bidding price shall be nullified.
2.5 For the purpose of WORKS:
(a) the costs and expenses incurred by the CLIENT in procuring the design LAYOUT AND DESIGN CONCEPT (as defined herein) as provided in the WEBSITE; and
(b) the costs of all relevant insurances;
shall be borne by the successful BIDDER which shall be factored in upfront in the BILL OF QUANTITIES IN FIXED LUMP SUM.For the purpose of Item 2.5(b), the subscription of all relevant insurances shall be borne by the BIDDER whereby REKATONE shall be the sole authorised party to subscribe the same in favour of the BIDDER.
3. NO GUARANTEE
3.1 The CLIENT acknowledges that by using the WEBSITE, the procurement of quotation by the BIDDER is a non-guaranteed serviceand REKATONE shall provide no guarantee in relation to the following:
(a) the procurement and/or appointment of the BIDDER for the purpose of WORKS may be cancelled and/or withdrawn for any reasons whatsoever including but not limited to refusal, abandonment, rejection by the BIDDER which at all times not within REKATONE’s control;
(b) on the accuracy, sufficiency, correctness, adequacy and reliability of the BILL OF QUANTITIES IN FIXED LUMP SUM and the LAYOUT AND DESIGN CONCEPT as submitted by the BIDDER which at all times be on “as is where is” basis to be further verified by a site visit to be conducted by the successful BIDDER prior to the commencement of WORKS;
(c) the completion and quality of WORKS as provided by the BIDDER in favour of the CLIENT in relation to the WORKS;and
(d) the financial status of the BIDDER which shall also include its shareholders and directors in the event that the BIDDER is a company;
in any event, REKATONE shall not, in any manner and/or capacity, be liable or responsible for any damages, liabilities, costs, expenses, losses suffered by CLIENT whether directly or indirectly, and that there shall be no recourse against REKATONE.
4.FEES AND PAYMENTS
4.1 In relation to commercial arrangement for the WORKS, the CLIENT acknowledges that:
(a) the progress payment term, retention sum and duration of retention, defect liability period shall be based on the agreed terms between the CLIENT and BIDDER; and
(b) all payments to be made directly between the CLIENT and the BIDDER.
4.2 All layout drawings and 3D Perspective drawings (collectively known as the
“LAYOUT AND DESIGN CONCEPT”) procured using the services as offered in the WEBSITE, such fees that have been incurred thereto by the CLIENT shall be absorbed by the successful BIDDER upon award of the WORKS.
5.MISCELLANEOUS MATTERS
(a) All the terms herein shall be construed for all purposes in accordance with the laws of Malaysia.
(b) If any provision herein is declared void or unenforceable, such provision shall be severed from the other terms herein which shall otherwise remain in full force and effect.
(c) it is hereby agreed that if there is a breach of any of the terms herein contained by the CLIENT, REKATONE and/or the BIDDER shall have the right to request any remedy in law and/ or equity including, but not limited to, appropriate injunctive relief or specific performance,as may be granted by a court of competent jurisdiction. In the event any
legal action becomes necessary to enforce or interpret the terms herein contained, all costs and expenses incurred by REKATONE and/or the BIDDER including but not limited to the solicitors’ fees shall be borne by the CLIENT.
(d) REKATONE shall have the rights to amend and vary the terms herein contained at its absolute discretion whereby any amendments made shall be notified to the CLIENT.
(e) Nothing herein shall be assigned or transferred by the CLIENT to any other party save and except as agreed in writing by REKATONE and/or the BIDDER which for the avoidance of doubt at its absolute discretion.
(f) The failure of REKATONE and/or the BIDDER to insist upon the performance of any of the terms,covenants,or conditions contained herein on the performance of the confidentiality obligations imposed on the BIDDER in respect of the CONFIDENTIAL INFORMATION or to exercise any right hereunder, shall not be construed as waiver or relinquishment of the current or future performance by the CLIENT of any rights, and the obligations in full force and effect.
By clicking “Agree”, it is hereby deemed that the CLIENTrepresents, warrants and covenants as follows:
(a) that the CLIENT shall, through its authorised persons which has been conferred with the appropriate power and authority to accept the terms and conditions herein contained, deliver and lawfully perform the terms and conditions herein;
(b) that the acceptance of the terms and conditions herein shall be a binding obligation on the CLIENT;
(c) that there are no bankruptcy and/or winding-up petition and or other legal proceedings been commenced or threatened against the CLIENT, the board of directors of the CLIENT and/or the members of the CLIENT in the event where the CLIENT constitutes as a company;
(d) that the CLIENT has read, understood and agreed to all the terms and conditions herein contained where the CLIENT hereby disclaim and waive all its rights, against REKATONE including its directors, shareholders, management, subsidiaries and/or any other parties related thereto, including but not limited to any rights arising pursuant to this terms and conditions, any other agreements and/or documents related thereto and/or to any matters relating thereto and that the CLIENT shall have no claims whatsoever against REKATONE including its directors, shareholders, management, subsidiaries and/or any other parties related thereto in any manner and/or capacity howsoever;
(e) that the CLIENT shall not in any event object, deny, query, dispute and/or in any manner challenge the contents of this letter which shall, for all intent and purposes, be deemed as the intention of the CLIENT;
(f) that the CLIENT, its directors, shareholders, management shall all times comply with all laws, by-laws, and/or regulations in force and shall indemnify the BIDDER and REKATONE from any action, damages, fines, costs as a result of any breach of any laws, by-laws and/or regulations including any other consequences arising thereto;
(g) that the CLIENT acknowledges that REKATONE shall not be bound to accept the lowest QUOTATION, and in any event the CLIENT and REKATONE shall not be liable for any expenses or consequences howsoever incurred in the production thereof;
(h) that the CLIENT use of eBidding services is solely at the CLIENT’s own risk and REKATONE bears no responsibility for any matters and/or liabilities arising from the use of such services in any manner whatsoever.
