This form is used by Tenderers to undertake to comply all tender conditions during tendering and this shall form part of Contract Documents. To be filled in ink by all tenderers and submitted as part of tender.
Copies of Tender Table Documents can be viewed at specified avenue during office hours.
- For tenderers to view and decide whether to purchase tender document / tender.
- For double checking against purchases tender document against errors.
Tenderer undertakes the following :
2. Agrees tender prices and rates can be adjusted by SO as to reasonablesness during tender but tender sum remains unaltered. Adjusted rates be used as basis of valuation.
5. be allowed to tender for PC & Provisional Sums in Works.
6.Understod that Government reserves right to refuse this Tender or not to award contract to lowest tenderer. Tender Validity Period is 90 days and tenderers shall not impose other term, condition or stipulation after this period over.
7. Successful tender to choose one of the following as Performance Bond.
i) Bank Guarantee from a govt. approved bank.
ii) Fiannace Company Guarantee
iii) Insurance / Takaful Gurantee
iv) Performance Guarantee Sum ( PGS) which is 10 % deduction from each initial interim payment until 5% of Contract Sum deducted.
8. Upon receipt Letter of Acceptance of Tender but before commencement of te Works, to deposit following with Government :
a) Performance Bond in the form chosen under Condition 7 above, failure of which entitles Government implement PGS.
b) Contractor's All Risks (CAR) insurance policy / Cover note with receipt premium paid.
c) Workmen's Compensation / Cover Note with receipt premium paid.
d) Contractor's SOCSO registration no.
All above policies be deposited within 30 days of deposit of Cover Notes.
11. Confirms after personal scrutiny the documents adn drawings used in this Tender are true copies as in Tender Table Documents.
12. Aggrees to following:
a) If Tenderer withdraws tender before expiry of Tender Validity period, or
b) If Tenderer imposes additional term, condition or stipulation to the Tender after date of closing of tender, or
C) if Tenderer rejects Contract after receiving Letter of Acceptance of Tender i,e, refuses to sign the Contract or fails to proceed with Works or fail deposit guarantee for Performance Bond.
Government can take disciplinary action or cancel registration of Tenderer as government contractor without prejudicing any other Governm,ent's rights.
2013年10月5日星期六
Deed of mutual Covenant
- Between Purchaser and Vendor who imposes constraints on what cannot be done on land.
- Purchase condominium - pay maintenance and security charges.
- Constraints and control e.g. cannot keep dog or tiger in premises.
Deed of Receipt and Reassignment ( R& R)
This Deed is for land without individual title
When borrower ( Purchaser) has fully paid up the loan, R & R be prepared by lawyer to cancel the rights of bank (lender) to the individual land title deed or if Purchaser sold land before loan is paid up.
When borrower ( Purchaser) has fully paid up the loan, R & R be prepared by lawyer to cancel the rights of bank (lender) to the individual land title deed or if Purchaser sold land before loan is paid up.
Deed of Assignment
If there is no individual title deed to the land yet e.g. land was originally subdivided from a big piece of land where the subdivided smaller pieces have been issued individual title deeds. This means the big piece of land still under a master title deed. Therefore there is no individual title deed for the borrower to charge to the bank.
However the bank can still disburse the loan to the borrower after the borrower signed the DoA, which is a legal undertaking to surrender the individual title deed to bank when borrower eventually gets it. DoA also need the agreement of original landowener who undertakes to give individual title deed to borrower (Purchaser) once obtained from land office.
However the bank can still disburse the loan to the borrower after the borrower signed the DoA, which is a legal undertaking to surrender the individual title deed to bank when borrower eventually gets it. DoA also need the agreement of original landowener who undertakes to give individual title deed to borrower (Purchaser) once obtained from land office.
Power of Attorney (PA)
- Get Commissioner for Oath to register PA to ensure case can be heard in court in case of dispute. Better to register in high court, to be heard in that court for big transaction.
This Agreement is also prepared by the loan lawyer. Borrower signs PA with bank , authorizing the bank to sell land if deault committed by borrower. PA is given in advance during the 3+ 1 month so that bank can use it when and if required. The original copy of PA shall be stamped and filed in court to make it foolproof in case borrower contests it later.
With the PA, bank can dispose land whenever it wants when borrower defaults on the facilities agreement, without having to go throught a lot of legal hassle because bank does not actually own the land. The proceed from the sale, less all expenses incurred in connection with sales plus money owed to bank by borrower, be paid to borrower. Should there be a shortfall, the borrower still have to pay balance to bank, failing which, bank can take legal action to recover debt.
PA can also be given by 1 party to another authorizing donee to sign on behalf of donor if donor is always unabailable. PA can be signed by party oversea withnessed by his own diplomatic officer in that country.
This Agreement is also prepared by the loan lawyer. Borrower signs PA with bank , authorizing the bank to sell land if deault committed by borrower. PA is given in advance during the 3+ 1 month so that bank can use it when and if required. The original copy of PA shall be stamped and filed in court to make it foolproof in case borrower contests it later.
With the PA, bank can dispose land whenever it wants when borrower defaults on the facilities agreement, without having to go throught a lot of legal hassle because bank does not actually own the land. The proceed from the sale, less all expenses incurred in connection with sales plus money owed to bank by borrower, be paid to borrower. Should there be a shortfall, the borrower still have to pay balance to bank, failing which, bank can take legal action to recover debt.
PA can also be given by 1 party to another authorizing donee to sign on behalf of donor if donor is always unabailable. PA can be signed by party oversea withnessed by his own diplomatic officer in that country.
Memorandum of Transfer (MoT) for land with indivual title
This Agreement is prepared by the loan lawyer. Upon signing the Facilities Agreeemnt, borrower also signs memorandum of Transfer (MoT) with bank to charge land to bank as collateral for loan. Once charged, technically but not legally, the ssinged land belings to the bank. With the bank holding the title deed they can use the land as they see fit in tin the event of borrower defaulting on repayment, meaning foreclosure of charge. USually bank will sell the property by auction to recover loan. When borrower ( Purchaser) eventually pay up the loan ,lawyer to preapre Discharge of Charge ( DoC) to free title deed from bank . Purchaser owns and possesses title deed now.
- If land is charged to bank but charger does not need loan immediately, can apply to land office for " postponement of a charge' in Form 16 C.
- Cannot transfer land to minor - under 21 as in Age of majoruty Act. If transgers, need to appoint a trsutee by a trust deed.
- If land is charged to bank but charger does not need loan immediately, can apply to land office for " postponement of a charge' in Form 16 C.
- Cannot transfer land to minor - under 21 as in Age of majoruty Act. If transgers, need to appoint a trsutee by a trust deed.
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