WORK ORDER

M/s Summer Air Conditioners Project & Location Shop No.3, River Palace Bldg, Madonna Colony Road, Work Order No Borivali (W), Mumbai 400 103, Work Order date Tel :- 022 2891 3978 Quote Ref No Mob:- 9969070271 Email :Quote Ref Date pranaymehta1967@gmail.com Amusement Park, Global city, Virar (W). REJV/LP/GLOB-INF/AIR CONDITION/280/2011(M+L) 30/08/11 Quotation 15th Aug 2011

Subject: Work Order For Split Air Conditioners Work for Amusement Park Office @ Global City, Virar (W). Kind Attn: - Mr. Pranay Mehta Dear Sir, With reference to your quotation and subsequent discussion with you, we are pleased to award you this Work Order for the above-mentioned work on the following terms and conditions and enclosed Bill of Quantities. Terms & Conditions:1.0 Type Of Contract:The Contract shall be on item rate basis inclusive of material, labour, tools, plants, machineries, scaffolding (if required), etc required for completing the job within the agreed timeframe with superior workmanship and as per Standard Engineering practices. 2.0 Employer Supplied Material:Nil 3.0 Contractor Supplied Material:All material required for completion of work shall be brought by Contractor. Page 1 of 9 M/s Summer Air Conditioners Amusement Park, Global City Project Virar (W)

4.0 Scope of Work, Methodology and Mode of Measurement:The scope of work comprises of Split Air Conditioners Works for Amusement Park Office @ Global city, as per design, drawing, specification and as per enclosed Bill of Quantities. All the tools / tackles / equipments required to complete the work will be at Contractors cost. Contractor will carryout the work in workmen like manner as per architects approved drawings / specifications and instructions of site in charge or his representative in stages, if required, to suit the site conditions and in co-operation with other agencies working on site. All the work shall be carried out as per relevant I.S. specification codes. The work shall be carried out without hampering / disturbing the progress of other ongoing works on site. If any damage is done to any of the building elements during the work, appropriate costs will be recovered from the Contractors bills. Mode of Measurement:Quantities mentioned in the enclosed Bill of Quantities are approximate. All payments shall be made as per actual work done at site and measured jointly with our Site-In-Charge / Billing Engineer. All quantity measurement shall be based on IS 1200 mode of measurement. 5.0 Programme of Work:a ) Time Schedule:Date of Commencement:- 30/08/2011 Date of Completion:- As per approved programme in co-ordination with Site-In-Charge. Contractor shall deploy labour & material according to the actual work frontage available at site. In case of unforeseen circumstances / encountering hindrances / clearances from site, etc completion programme to be mutually agreed with our Site-In-Charge. In case of requirement, the Contractor must deploy additional manpower to complete the job in time b) Man Power requirement at site: The Contractor shall provide the staff at site as per site requirement for the period of contract. c) Before commencement of work Contractor shall agree to the programme of work with our Site-InCharge and shall carryout the work in accordance with the agreed programme.

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6.0 Subcontract:The Contractor will not sublet or subcontract this job in any manner. 7.0 Contract Value and Rate:The contract amount as detailed in the BOQ shall be Rs. 1,07,350.00 In Words: - One Lakh Seven Thousand Three Hundred & Fifty Only. The item rates are inclusive of all taxes, cesses, duties, freight, transportation, loading and unloading, etc (except VAT and Service Tax) and shall be firm throughout the contract. V.A.T and Service tax shall be paid extra to the Contractor as per prevailing government rules. Any new rules on the tax structure, imposed by the government shall be paid extra or recovered, as applicable, upon submission of relevant documentary evidence. Income tax shall be deducted from each R.A. bill. VAT and Service Tax No shall be given along with the first R.A. bill and must be mentioned in the invoices. 8.0 Payment Terms:50% of the item rate shall be paid as an advance along with Work Order and balance 50% shall be paid based on work progress. Payment shall be made against R.A. Bills. All the invoices must be submitted along with site certificates and measurement sheets certified by our site engineers / Billing Engineer. Billing cycle is 30 days after Submission for all R.A. bills. Final bill should be submitted within 60 days of virtual completion of work. Payment of final bill after 60 days of submission of invoices at site. 9.0 Retention Money:5% of gross value of bills towards retention money shall be deducted from each of your RA bills, 50% of the retained money shall be released along with the final bill after virtual completion of work and balance 50% shall be released after satisfactorily completion of defects liability period of 12 month. 10.0 Quantity Variation:Quantities mentioned in the enclosed Bill of Quantities are approximate. Quantity variation (+ / - ) 10% should be intimated to the Site-In-Charge / Contracts Department in writing. A Variation Order will be issued for the same and the Contractor should execute this additional quantity on receipt of such Variation Order as per agreed rate mentioned in Work Order.

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11.0 Escalation:The contract is a fixed price contract and no escalation shall be paid to you on any account till the completion of the work. No escalation will be applicable in case of variation in quantities and extension in period if any. 12.0 Extra Items:The Contractor should follow the following procedure to avoid delay in claiming and settling extra items/ claims for items not included in your contracts/ work order. 1) Any extra items executed during the course of the month should be given in writing to the SiteIn-Charge / Employer representative latest by the 30th of the following month with a copy to the concerned co-ordinating Engineer from the Contracts Dept. 2) - do as above for compensation / claims if any. Kindly note that any extra / claim which is not submitted in writing by the 30th of next month may not be entertained. Extra item should be submitted prior to execution of it. Rates of extra items shall be decided on the following basis. Actual cost of material + labour + 10% towards overheads and profits 13.0 Cleaning:Contractor has to keep the working space in neat and clean condition for his scope of work, failing which the Employer reserves the right to get it done from the other agency and debit the expenses incurred plus 50% extra against the job to the Contractor which will be deducted from Contractors RA bill. All debris to be collected and disposed off at one place as directed by Employers representative. Disposal of the debris outside the plot shall be done by another Contractor appointed by the Employer. 14.0 Safety:a ) Labourers safety and insurance is Contractors responsibility. b) Contractor should take adequate precautions for safety at site by providing safety belts, eyeshields, helmets etc for workers at site. All temporary / permanent electrical connections should be checked before work. If any accident occurs due to the negligence of the above mentioned safety Page 4 of 9 M/s Summer Air Conditioners Amusement Park, Global City Project Virar (W)

norms the Contractor will solely be responsible for the same and compensation if any will only be payable by Contractor. c) Contractor shall maintain proper records of his employees and shall ensure and comply with the various provisions of worker law. Contractor shall be liable for any breach/ violation of the above mentioned laws. Contractor shall also take Workmens compensation policy for all his employees 15.0 Insurance:Contractor shall take workmens compensation policy and keep it in force for the duration of the project period. Contractor shall also maintain proper records of employees and ensure and comply with the various provisions of workers laws like P.F, ESIS, etc. Contractor shall be solely liable for any breach / violation of the above-mentioned laws. Copy of the insurance and workmen compensation policy must be submitted to the Employers site office within 10 days from the date of this order. The age limit of labourers working at site should be between 18-60 yrs. 16.0 PF Compliance : 16.1 a. b. Conditions for registration in respect of PF and / or Labour License : Contractor to furnish requisite information as per Annexure A to the concerned Department of Employer. Once the registration no. is obtained by the Contractor in respect of PF and / or Labour License, Contractor may execute necessary documents through the Employer subject to the following charges : (i) Employer will charge Rs. 850/- (Rupees Eight Hundred Fifty only) per month to the Contractor in case contract value is less than Rs. 1 Crore. (ii) Employer will charge Rs. 1750/- ( Rupees One Thousand Seven Hundred Fifty only) per month to the Contractor in case contract value is Rs. 1 Crore or more than Rs. 1 Crore. R.A bills of the Contractor will be processed only if the Contractor fulfills the requirements with regard to PF registration No. and Labour laws. 16.2 a. b. Once PF Registration no. is obtained, following procedure to be adopted : Contractor to furnish details in respect of PF registration No. to the Employer before execution of Work Order between the Employer and the Contractor. Challan for payment of preceding month to be attached to current RA Bill. RA Bill will be processed subject to copy of said challan attached to the RA Bill. RA Bill without copy of challan will not be processed. Page 5 of 9 M/s Summer Air Conditioners Amusement Park, Global City Project Virar (W)

c.

Fifty Percent of Retention money will be released on completion of contract subject to fulfillment of all statutory compliances in respect of Labour Laws and after considering available documents with Employers billing Department.

17.0 Labour Camp:Space inside the plot shall be given to the Contractor for making hutments. The Contractor shall make labour hutments with his own material. Labour toilets shall be arranged by the Contractor. Drainage connections shall be done by the Employer. 18.0 Water and Electricity:Water for Construction & Drinking and Electric supply at one point shall be supplied by the Employer free of cost. Further distribution from that point shall be done by the Contractor at his own cost including all materials, equipments and labour. 19.0 Defect Liability Period:The work shall be guaranteed against bad quality of material and poor workmanship for a period of 12 months from Virtual Completion. Should any defects occur due to bad quality of material and / or poor workmanship, the Contractor shall repair the same free of cost including both material and labour. The Contractor must satisfy the Architect / Site-In-Charge regarding the quality of work & finishing. 20.0 Termination of Contract by the Employer:The Employer reserves the right to cancel this order in case of completion delays, poor workmanship or on supply of substandard materials. In case of such termination, no notice shall be given to the Contractor and the Contractor shall be paid as per the actual work done based on mutually agreed item rates & measurements less costs incurred by the Employer due to delay and/or repair costs incurred for rectifying defects due to bad workmanship. 21.0 Liquidated Damages :In case of Contractors failure to comply with the schedule of activities, liquidated damages would be recovered from Contractor at the rate of 0.5% per week of delay subject to a maximum 5% of the contract value. The amount would be deducted from any amount that becomes due to you and shall be without any prejudice to the rights of the Employer. 22.0 Disputes and Arbitration:1.

The parties shall attempt to amicably settle all disputes arising out of this Agreement and the obligations there under (the Dispute) through negotiations and consultations with each other. Page 6 of 9 M/s Summer Air Conditioners Amusement Park, Global City Project Virar (W)

In the event, such Dispute is not settled amicably within a period of 15 (fifteen) days from the commencement of such negotiations and consultations, either party may give written notice of the dispute to the other party within ten (10) days of such non-settlement of the dispute.
2.

If such Dispute arising between the parties is not amicably settled as stated above in such Dispute shall be referred for Arbitration by a sole Arbitrator and in case the parties fail to agree to the name of the sole Arbitrator, the parties may refer to a panel of arbitrators consisting of three (3) members, one each appointed by the parties and the third appointed by the nominee arbitrators by consensus. The decision of the arbitrators on the dispute shall be final and binding on the parties. The said Arbitration shall be conducted under the provisions of the Indian Arbitration and Conciliation Act 1996 and the rules framed there under from time to time. The Parties agree that the arbitration proceedings will be conducted in Mumbai and proceedings shall be in the English language. Cost of arbitration proceeding shall be borne equally by Employer and Contractor

3.

4.

5.

23.0 ISO Formalities:Since the site is following ISO 9001: 2000 Quality system, the Contractor shall ascertain and understand the details from the site and follow all the procedures/ formalities / approvals required to maintain the system at no extra cost to the Employer.

24.0 Special Conditions:1) Contractors approved rates are inclusive of wastages & no additional wastages shall be considered for this purpose. 2) Materials brought by the Contractor shall be of the best quality and the Employer shall have the right to reject in case the material brought by the Contractor is of inferior quality. 3) Godowns / offices etc for Contractor shall be made by the Contractor at his own cost. 4) Employer shall arrange for overall security of the plot. The Contractor shall ensure the safety / security of his materials on site. 5) No idle charges shall be paid for any reasons.

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BILL OF QUANTITIES
Sr. No. DESCRIPTION OF ITEM Supplying, laying / fixing, testing and commissioning of Copper tubing (5/8 & 1/4") with 10mm thick Superlone make separate insulation with 2.5 sqmm thick 4-core electrical cable and insulated drain pipe for Split AC as per site requirement and as per instruction of Site-InCharge. Supplying, laying / fixing of MS Stand (Ready Made Multi Purpose) for Split AC as per site requirement and as per instruction of Site-InCharge. Installation charges for Split AC as per site requirement and as per instruction of Site-InCharge. UNIT QTY RATE AMOUNT

Rmt

120

705.00

84,600.00

Nos

13

750.00

9,750.00

Nos

13

1,000.00

13,000.00

TOTAL AMOUNT IN RS. 1,07,350.00 Rupees :- One Lakh Seven Thousand Three Hundred & Fifty Only. Above rates are exclusive of VAT & Service Tax & same shall be paid as per prevailing government norms. We now request you to return the duplicate copy of this order duly signed as a token of your acceptance on the terms and conditions stated above. Regards, For M/s Rustomjee Evershine Joint Venture Accepted M/s Summer Air Conditioners

AUTHORISED SIGNATORY

SIGNATURE OF CONTRACTOR

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