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TERMS AND CONDITIONS

FOR LETTER AWARD

This Subcontract is made and effective this Date (05th October 2022)

Between

MINSEC ENGINEERING SERVICES SDN BHD


(Contractor)
Lot 844 Jalan Subang 7, Tmn Perindustrian Subang,
47500 Subang Jaya, Selangor
(Business Address)

AND

KIAN MAJU CONSTRUCTION


(SubContractor)

No.20, Jalan Harmonium 20/9, Taman Desa Tebrau,


81100 Johor Bahru, Johor
(Business Address)

For Client
PGEO BIOTECH SDN BHD
Plo 338, Jalan Tembaga 2, Kawasan
Perindustrian Pasir Gudang, 81707
Pasir Gudang, Johor, Malaysia

PROJECT : PIPING
NOW THEREFORE Contractor and Subcontractor agree as follows :

1. SUBCONTRACT WORK
Subcontractor shall be engaged by Contractor as an Independent contractor and shall
provide and furnish all labour, materials, tools supplies, equipment, services, facilities,
supervision, and administration necessary for the proper and complete performance of
the following categories of work/services : (Please tick whichever applicable)

1. Plant & Machinery work

2. Civil work Electrical work

3. Air conditioning services

4. General cleaning & housekeeping work

5. Landscape work

6. Other, please state

2. SUBCONTRACTOR PRICE

In consideration of Subcontractor’s performance of the work/services under this


Subcontract and subject to the terms and conditions hereinafter set forth and in the
Work Order, Contractor shall pay to Subcontractor the “Subcontract Price” as set forth
in the Work Order. Total Contract Amount are RM 5,000.00

3. VALIDITY
This Subcontract shall come into force on the Effective Date and subsist for a period of
1 Years.

4. SUBCONTRACTOR’S REPRESENTATIONS
The Subcontractor represents to the Contractor as follows :

1. It holds a valid Construction Industry Development Board (CIDB) License.

2. Prior to commencement of the work/services, it shall submit to Contractor a list


of foreign workers (if any) with proof of valid work permit and its sector ofwork
(passport page & permit page). In addition, Subcontractor agrees toallow.
3. Contractor to sight the original passport and work permit of the relevant foreign
worker when requested by Contractor.

4. Prior to commencement of the work/services, it shall submit to Contractor alist


of local workers showing compliance with EPF, SOCSO, minimum wage
requirement and all other local laws and regulations.

5. Prior to commencement of the work/services, it shall submit a copy of its


workmen’s Compensation Insurance policy (if applicable) which shall be valid
throughout the duration of this Subcontract.
6. All of its workers are sufficiently and suitably trained to perform the
work/services and are holders of the “Green Card” from CIDB.

7. QUALITY, SAFETY, HEALTH AND ENVIRONMENTAL OBLIGATIONS

1. Qaulity

The Subcontractor shall complete the work/services based on the provisions


in the Work Order.

If the Subcontractor breaches any provision in this Subcontract relating to


the quality of the work/services, the Subcontractor shall rectify the breach
immediately failing which Contractor shall be entitled to terminate this
Subcontract.

2. Safety, Health, and Environment

Both the Contractor and the Subcontractor must:

1. Keep their part of the project site clean and safe at all times;

2. Comply with all safety, health, and environmental provisions in this contract;
and

3. Comply with all laws and regulations relating to safety, health, andenvironment.

4. GOVERNING LAW

1. The validity, interpretation, and performance of this Subcontract shall be


governed by the laws of Malaysia.

2. If any term or provision of this Subcontract is determined to be invalid, it shall


not affect the validity and enforcement of the remaining terms andprovisions
of this Subcontract.
3. AMENDMENT
This Subcontract shall only be amended or modified by written document executed by
authorized representativrs of both Contractor and Subcontract. This Subcontract
superseders all prior representations made by Subcontractor.

4. ARBITRATION
Any and all disputes or claims between the Contractor and the Subcontractor arising
out of this Subcontract shall initially be resolved by negotiation between the senior
management of the parties (if applicable) or the respective representatives of the
parties. Where the parties are unable to resolves the dispute within sixty (60) days
from commencement of negotiations, then the dispute shall be referred to arbitration
by a sole arbitrator in accordance with the Rules of the KUALA LUMPUR REGIONAL
CENTRE for Arbitration (KLRCA). The seat of the arbitration shall be in Malaysia. The
language of the arbitration is English. The governing law of the arbitration shall be the
laws of Malaysia.

5. INDEMINTY
The Subcontractor agrees to indemnify and hold the Contractor and Client harmless
from any claims arising from any illness, injury or death and any damage to property
attributable to the Subcontractor’s performance of the work/services under this
Subcontract.

The Subcontractor agrees to indemnify and hold the Contractor and Client harmless
from any claims due to a breach of any laws and regulations attributable to the
Subcontractor’s performance of the work/services under this Subcontract.

6. TERMINATION
The Contractor shall be entitled to terminate this Subcontract where the Subcontractor
commits any of the following events of default:

1. Subcontractor is in breach of any terms of this Subcontract;

2. Subcontractor becomes insolvent or has a receiver, administrator appointedor


goes into liquidation or suffers any similar or analogous act or event.

Where Subcontractor is in default of (i) abovem Contractor shall give


Subcontractor thirty (30)days to rectify such breach failing which Contractor
shall be entitled to terminate by giving notice in writing. Contractor shall be
entitled to terminate with immediate effect where Subcontractor is in default of
(ii) by giving notice in writing.
3. CONFLICT
MINSEC ENGINEERING SERVICES SDN BHD KIAN MAJU CONSTRUCTION
CONTRACTOR SUB-CONTRACTOR

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