SPECIMEN – Warranty Format For Design, Supply & Installation Of Fast Flow Siphonic Rainwater

Drainage System. Official Warranty Shall Be Printed On Fast Flow Official Letterhead Upon CPC
Confirmation Issuance Received By Fast Flow

DATED THIS XXth MONTH 20XX

BETWEEN

FAST FLOW MALAYSIA SDN BHD

(444492A)

"FAST FLOW'

AND

{MAIN CONTRACTOR’S COMPANY NAME}

(999999 X)

"THE CONTRACTOR"

WARRANTY FOR FAST FLOW SIPHONIC RAINWATER DRAINAGE SYSTEM WORKS

WARRANTY FOR
FAST FLOW RAINWATER SYSTEM WORKS (DSI)
FFM-18-Q146 PORSCHE SHOWROOM

Page 1 of 5
SPECIMEN – Warranty Format For Design, Supply & Installation Of Fast Flow Siphonic Rainwater
Drainage System. Official Warranty Shall Be Printed On Fast Flow Official Letterhead Upon CPC
Confirmation Issuance Received By Fast Flow

WARRANTY FOR FAST FLOW SIPHONIC RAINWATER DRAINAGE SYSTEM

This DEED is made the XXth day of MONTH 20XX between

{MAIN CONTRACTOR’S COMPANY NAME}

(hereinafter called ‘the Contractor’) of the one part and

FAST FLOW MALAYSIA SDN BHD

(hereinafter called ‘Fast Flow’) of the second part.

WHEREAS

1. The Contractor has entered into a Contract with the Employer (hereinafter called the “Contract”)
Whereby the Contractor has agreed inter alia to construct and complete a siphonic roof drainage
system for

CADANGAN PEMBANGUNAN…… {Project Title}

(hereinafter called “the Works”)

2. Fast Flow has agreed with the Contractor to design and supply all labour, materials, plants and
equipment necessary for the installation of Fast Flow siphonic rainwater system as per Letter of
Acceptance ref.
(hereinafter called “the System”).

3. The Contractor and Fast Flow are to jointly and severally guarantee in favour of the Employer in the
manner hereinafter appearing against any defects in the workmanship, quality of roof outlet materials,
bubbling, water tightness or deterioration appearing in the System to the premises.

4. The term “Architect” as hereinafter appearing shall mean:

{ARCHITECT’S NAME}

Or in the event of their ceasing to be the Architect for the purpose of the Contract, such other person
or persons qualified as a professional architect, as the Employer shall nominate for that purpose.

WARRANTY FOR
FAST FLOW RAINWATER SYSTEM WORKS (DSI)
FFM-18-Q146 PORSCHE SHOWROOM

Page 2 of 5
SPECIMEN – Warranty Format For Design, Supply & Installation Of Fast Flow Siphonic Rainwater
Drainage System. Official Warranty Shall Be Printed On Fast Flow Official Letterhead Upon CPC
Confirmation Issuance Received By Fast Flow

WARRANTY FOR FAST FLOW RAINWATER DRAINAGE SYSTEM (cont’d)

NOW THIS DEED WITNESSETH AS FOLLOWS:-

1) In consideration of the above premises, the Contractor and Fast Flow HEREBY JOINTLY AND
SEVERALLY AGREE AND WARRANT to the Employer:

a. That the System shall function at full capacity to the design rainfall intensity of 345 mm/hr.
b. That the Contractor and Fast Flow have exercised and will exercise all proper skill and care in:
i. the construction drawings and details for the System.
ii. the selection of materials and goods for the Works which would have a direct effect on the
System’s operation; and
iii. the satisfaction of any performance, workmanship, specifications or requirements which are
included or referred to in the tender for the Works forming part of the Contract and which
would have a direct effect on the System’s operation.

2) In the event of any failure, defect, deterioration of the System as a result of its design, workmanship
or roof outlet materials resulting in leakage or flooding of roof as shall be determined by the Architect,
Fast Flow shall upon being notified by the Employer and/ or the Contractor of the aforesaid, effect
correcting works to the System and shall make good any direct damage to the System to the
reasonable satisfaction of the Architect.

3) In the event that remedial works undertaken by Fast Flow proved ineffective or not to the reasonable
satisfaction of the Architect, Fast Flow shall effect such additional works in such a manner and within
such period of time as the Architect may direct (such manner and period to be reasonable) and shall
carry out all tests as directed by the Architect, until all the defects have been remedied to the
reasonable satisfaction of the Architect.

4) Subject to Clause 6, should Fast Flow fail to perform their obligations under Clauses 2 and 3 above
within the period of time directed by the Architect (such period to be reasonable), the Employer and/
or the Contractor shall be entitled to remedy the said defects by appointing other contractors with any
other Specialist proprietary system as determined by the Architect, and Fast Flow and the Contractor
(where the Contractor’s scope of work is involved) shall within reasonable time and on demand jointly
reimburse the Employer fair and reasonable expenses incurred by the Employer for making good the
said defects.

5) All costs and expenses arising out of the performance of the obligations under the Warranty shall be
jointly borne by Fast Flow and Contractor.

6) Fast Flow’s liability for any defect, failure or deficiency which is covered by this Warranty shall be
expressly conditional upon the Employer’s and/ or the Contractor’s following obligations:
i) The Employer and/or the Main Contractor make full payment to Fast Flow for the Works as
provided under the Letter of Acceptance/ Contract and
ii) to notify Fast Flow in WRITING within thirty (30) days of the date that such defect is
discovered. Fast Flow shall then have the right to immediately inspect the defect and repair it.
If any of the above conditions are not met, this Warranty shall be void and Fast Flow shall not be
responsible for any defects.

WARRANTY FOR
FAST FLOW RAINWATER SYSTEM WORKS (DSI)
FFM-18-Q146 PORSCHE SHOWROOM

Page 3 of 5
SPECIMEN – Warranty Format For Design, Supply & Installation Of Fast Flow Siphonic Rainwater
Drainage System. Official Warranty Shall Be Printed On Fast Flow Official Letterhead Upon CPC
Confirmation Issuance Received By Fast Flow

WARRANTY FOR SIPHONIC ROOF DRAINAGE SYSTEM (cont’d)

7) a) In addition to Clause 6 above, Fast Flow shall have the right to jointly together with the
Employer and/ or the Contractor, inspect the completed System every 3 months until the expiry
of this Warranty (pursuant to Clause 12(i)).

b) In addition and without prejudice to Clause 2 above, in the event that damage or deterioration
of the System is found at such joint inspection then Fast Flow shall promptly with the
Employer’s and/ or the Contractor’s written authorization make good such damage or
deterioration of the System. Where such damage or deterioration are not covered by the
Warranty (as defined under Clause 9 below) or otherwise not included by the terms of this
Warranty, Fast Flow shall not be responsible for such damage or deterioration, but making
good such damage or deterioration may be carried out by Fast Flow at the option and expense
of the Contractor.

8) This Warranty may be transferred to a new owner should the property (Works) be sold, provided that
Fast Flow receive express written notice of the said transfer within thirty (30) days of the said transfer
being notified to the Contractor and Fast Flow and provided that the Employer and the new owner
enter into and agree to a novation of this Warranty.

9) This Warranty does not cover failure of the System due to:
a) Damage to the System, property, building or contents caused by fire, settling, distortion or
other failure of the building, floors, lightning, cyclones, hurricanes, tornadoes, earthquakes, or
other extra ordinary or unusual events.
b) Damage to the System resulting from cracks or openings in the Works structure caused by any
third party including but not limited to structural design.
c) Vandalism, penetration or damage, caused by third parties or foreign objects or agents
including plant and animal life.
d) Damage caused by alterations or additions to, encroachments upon, or erection of structure on
the Works or any use of the Works other than for its intended purpose.
e) Colour changes in the System as the result of normal weathering or atmospheric conditions.
f) Lack of housekeeping maintenance on the roof, gutter and pipe.
g) Blockage or chockage caused by persons other than Fast Flow

10) Fast Flow shall not be discharged or released from this Warranty by any variation in the Contract
PROVIDED THAT the variation does not affect the scope, specifications or requirements for the
Works, and this Warranty hereby given shall subject to the proviso hereinbefore mentioned, extend
and apply to the Contract so varied.

WARRANTY FOR
FAST FLOW RAINWATER SYSTEM WORKS (DSI)
FFM-18-Q146 PORSCHE SHOWROOM

Page 4 of 5
SPECIMEN – Warranty Format For Design, Supply & Installation Of Fast Flow Siphonic Rainwater
Drainage System. Official Warranty Shall Be Printed On Fast Flow Official Letterhead Upon CPC
Confirmation Issuance Received By Fast Flow

WARRANTY FOR SIPHONIC ROOF DRAINAGE SYSTEM (cont’d)

11) The duration of this Warranty is:-

i) for Fast Flow Rainwater Drainage System and all metallic siphonic outlets, and other materials,
a period of Ten (10) years;
commencing from the date of Architect's Certificate of Practical Completion issued under the
contract, or its equivalent under the Contract.

12) This Warranty shall be freely assignable by the Employer to the Management Corporation of the
premises or to any other person responsible for the management of the premises (hereinafter called
“the Assignee”) and after such assignment, the Contractor and Fast Flow shall perform all their
obligations under this Warranty as if the Assignee had been the party to whom this Warranty was
given instead of the Employer provided that the Management Corporation and the Employer enter
into and agree to a novation of this Warranty.

IN WITNESS WHEREOF the parties hereto have executed this Deed the day and year first above written.

Signed by Fast Flow )

FAST FLOW MALAYSIA SDN BHD )
(444492 A) )
)

)
For and on behalf of )
Fast Flow Malaysia Sdn Bhd )
)

In the presence of )
)
)
)

Signed by Contractor )
{MAIN CONTRACTOR’S COMPANY NAME} )
)
)

)
For and on behalf of )
The Contractor )
)

)
In the presence of )
)
)

WARRANTY FOR
FAST FLOW RAINWATER SYSTEM WORKS (DSI)
FFM-18-Q146 PORSCHE SHOWROOM

Page 5 of 5