GENERAL TERMS & CONDITIONS – ENGINEERING & CONSTRUCTION
1. SAMSTAR NIGERIA LIMITED shall hereafter be mentioned as SNL and will
be referred to as the Main Contractor.
2. WITHHOLDING TAX (WHT): In case of deduction WHT, then kindly
issue your LPO with price increased by 5%. If WHT is increased/decreased
by Federal Government, same rate will apply here.
3. VAT: 5% or as levied by the Federal Government shall be charged extra
at the time of billing. If VAT is increased/decreased by Federal
Government, same rate will apply here.
4. OUTSTATION CHARGES: Shall be agreed mutually.
5. PAYMENT TERMS: As per terms agreed and mentioned in the quote.
6. LODGING: Shall be provided free-of-cost for all expat site managers, if
outside Lagos.
7. MEASUREMENT: Joint measurement shall also be taken before running bills
& final bill. Any changes on the quantity shall be paid on a pro-rata basis.
In case of new item, rate shall be mutually agreed, in case of any item Rate
contract. On a Lump Sum contract, the rate agreed shall hold good for final
billing.
8. SCHEDULE: Shall be discussed and agreed mutually.
9. WATER & ELECTRICITY: Should be provided by you free-of-cost.
10. SAFETY TOOLS: Shall be provided by us as per SNL standards.
11. STORAGE: Lockable storage facilities at site shall be provided by you near
the job site.
12. REFUSE DISPOSAL: The refuse generated during works (tins, cartons,
debris etc) to be disposed of by your organisation.
13. VALIDITY: All rates shall be valid for 15 days from the date of quote or
as stated in the quote.
14. COMPLAINTS: All complaints shall be addressed amicably and in
writing to info@samstarng.com In case of any repair to be carried out,
site should be handed over to us within 30 days of the date of
complaint; else complaint redressed shall be charged extra.
15. ACCEPTANCE: On receipt of your LPO, it is understood that you have
agreed to this General Terms & Conditions – Engineering & Construction.
16. SITE OFFICE: A site office shall be provided by you near the site.
17. VALUATION: Shall be discussed as per existing rates.
18. COMMUNITY/SECURITY ISSUES/FEDERAL, STATE & LOCAL
GOVERNMENT: Any community/security issues shall be addressed by
your company. Any Federal, State & Local Government
permissions/permits etc shall be made by you and is to your account. If
you request SNL to handle on your behalf, then all costs will be to your
account and will appear in running bills/final bill.
19. ARBITRATION: In case of any dispute, an arbitrator shall be mutually
appointed and the decision of the arbitrator shall be final & binding on
all parties.
20. NOTICE PERIOD: 15 days.
21. SPECIFICATIONS: All specifications shall be agreed upon before the
contract is signed. Any variation of any specifications after works have
commenced shall lead to a variation in the contract amount.
22. MATERIALS: In case of any special materials to be used at site, the same
shall be discussed with SNL before the signing of the contract. In
contrary, SNL standard of materials shall be maintained during the time
of the contract. Any variation shall attract contractual commercial change.
23. ENGINEER-IN-CHARGE: You shall appoint one for the site and the same
should be communicated in writing to SNL.
24. SITE BOOK: SNL shall maintain one and your Engineer-in-Charge shall
sign
and return the book daily. All parameters shall be checked properly
within 7 days from the completion and if changes are to be made, it shall
be notified in writing at info@samstarng.com In case of no report
effecting any change, SNL will consider the works to be completed.
25. DEFECT LIABILITY PERIOD: This shall be for a period of 3 months
from the date of handing over the site to the clients or as per mutually
agreed terms.
26. COMMUNICATION: All communications shall be in writing with SNL. No
verbal communications and decisions shall be entertained or binding on
SNL.
27. UNDERGROUND UTILITIES: Please communicate to us in writing in case of
any underground cable, gas line or any other important infrastructure like
gutters, water pipelines etc passing through our area of work and nearby
vicinity. We will not be liable for any damage caused due to no
communication from your end.
28. DAMAGES: In case of any damage(s) to property incurred during our
works due to our negligence, the damage(s) shall be calculated on
depreciated cost and no consequential damages shall be paid thereafter.
29. IDLING CHARGES: SNL shall be entitled to charge reasonably for
additional costs for delays caused directly or indirectly by the client.
30. CUSTOMER’S LIABILITY & DEFAULT: If the customer shall:
a. fail to make any payment due under the contract or commit any
b. suffer execution under any judgment; or
c. commit an act of bankruptcy; or
d. make any composition or arrangement with any creditor; or
e. being a company, pass a resolution for winding up or have a
other breach of any of the customer’s obligations under the
contract; or
receiver appointed over any of its property or have a winding up
petition presented against it, SNL (in addition to any other remedies
hereby or by statute conferred) may treat the contract as
terminated and any part of the purchase price then unpaid,
together with any other monetary amount owing hereunder,
whether or not due under the terms of the contract shall forthwith
become due and payable. Any such termination shall be without
prejudice to any claim.
31.WATER PROOFING WORKS:
a. We assume that proper engineering drawings have been given to
b. Testing: all water proofing works are based on water path which
c. Quantities mentioned are tentative and any change in quantity shall
d. Please protect your property before commencement of works and
e. Intellectual Property:
i. Where water proofing systems has followed a design or instruction
us, based on which the proposal has been made.
are changeable upon stoppage. Hence technique/materials may
have to be changed after initial start of works, if found ineffective.
be notified and approved by client before site progress.
handover of site to SNL.
ii. Should SNL water proofing systems be required to match any shade
furnished by or given by the Client, the Client shall indemnify SNL
water proofing systems against all damages, penalties, costs and
expenses of SNL water proofing systems or in respect of which SNL
water proofing systems may become liable through any work
required to be done in accordance with these instructions involving
an infringement of a patent, trademark, registered design or
common law right.
or colour, a light and dark tolerance shall be allowed to such an
extent as shall be agreed by SNL water proofing systems and the
Client at the time the standard colour is specified and, in the
absence of any agreement a reasonable tolerance shall be
allowed.
iii. All information prepared by SNL water proofing systems including,
without limitation, customised pricing, proposals, electronic
catalogues, details of improvements and cost reductions, is the
intellectual property of SNL water proofing systems and cannot be
copied, altered or distributed without SNL water proofing systems’
prior written consent. SNL water proofing systems will not be liable
for any alterations made by you.