OTIS | ALNEMR AVENUE MALL| 09/08/2022

ALNEMR AVENUE MALL

Project: ALNEMR AVENUE MALL

Prepared for: Hany Abdullah bakr Radwan General Contracting

Reference: 88NF2047-02

Date: 09/08/2022

© 2018 OTIS ELEVATOR.

OTIS | ALNEMR AVENUE MALL| 09/08/2022

Contents
Cover letter .....................................................................................................................................................................3
Price quotation ...............................................................................................................................................................4
Unit specifications ...........................................................................................................................................................5
Added extras .................................................................................................................. Error! Bookmark not defined.
Delivery, manufacture ...................................................................................................................................................7
Clarifications ..................................................................................................................................................................10
Contract summary .......................................................................................................................................................11

© 2018 OTIS ELEVATOR.

Cover letter

09/08/2022

Our Reference: 88NF2047/02

Dear Mr. Ahmed Abdoun,

We would like to thank you for your invitation to tender and we are delighted to provide you with our
proposal for the following project:

Site Name: ALNEMR AVENUE MALL

The lifts in our proposal are the industry leading Gen2® Lifts that will provide the building with a value adding
asset:

• Maximum BREEAM points as part of the standard offer

• A-rated energy efficient lifts

• Industry leading reliability

• Improved ride quality

• ReGen™ drive included as standard

• Elite™ Service capable guaranteeing a 98% uptime

With Gen2® you will have confidence in knowing that the product has been engineered to be one of the
most reliable and efficient lift products available today. Our drive to continuously improve our products has
seen Low Voltage Architecture rolled out across all products as standard to lower controller standby power
consumption. We have recently released the GSM REM as optional hardware that can be chosen to allow
you to commission a lift without the need of a fixed telephone line.

If you would like to discuss your proposal or make any amendments, please contact me and I will be happy
to discuss the project

For OTIS Ltd

Kareem Rafat

Senior Sales Engineer

Otis – Jeddah Branch

Kareem.Rafat@otis.com

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Price quotation
The price quoted below is on a Firm Price basis for 12 calendar months from the date of this tender. Our
offer is subject to the enclosed attendances, terms and conditions, and V.A.T. at the appropriate rate.

In the event of significant currency fluctuations (>+/- 3%), Otis reserve the right to re-quote the price to
cover movement in overseas factory costs.

Unless previously withdrawn, this tender will remain open for acceptance for a period of 90 days from this date.

Duty
Lift Location Lift Number Rise Load Speed Lift Type Arrangement Price

Bldg#1 Unit 1 10m 1600kg 1m/s GEN2 Machine room Duplex

less

Bldg#1 Unit 2 10m 1600kg 1m/s GEN2 Machine room Duplex

less

TOTAL SELLING PRICE ISN’T INCLUDED VAT (15 %)

Above mentioned price isn’t included any additional works like (Civil works, steel works, hooks, Scaffolding
and additional electric works)

Please note that our tender is based upon our standard pre-engineered Gen2® products. There may be
deviations from your specification. If you are interested in our offer and would like a deviation analysis,
please contact your sales consultant who will be able to provide this.

Prices include delivery and installation. The above price does not include Value Added Tax.

For OTIS Ltd

Kareem Rafat
Senior Sales Engineer

Otis – Jeddah Branch

Mobile: +966506309507
Email: Kareem.Rafat@otis.com
http://www.otis.com/site/gb

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© 2018 OTIS ELEVATOR.
Unit specifications
1600 KG-1M/S-3STOPS ~ UNIT 1: UNIT 2
Origin Otis Global – China Factory

Solution: Two lift, 1600kg load capacity, Machine Room Less

Code European Code EN81-20, SASO
Speed: The lift speed is 1m/s.
Travel and 10m travel serving, 3 stops and 3 openings: for front entrance
Stops: GEN2MRL_HZ lift levelling accuracy is +- 3mm.
Dimensions: Hostway width: 2800 mm +/- 5 mm
Hostway Depth: 2000 mm +/- 5 mm
Lift Car: 2050mm wide – 1600mm deep – 2400mm high.
The car interior clear height will be reduced below the stated lift car height dimension, due
to the internal suspended ceiling.
Car Doors: 1100mm opening width – 2100mm opening height.
Pit Depth: 1500mm.
Headroom: 4500mm.
Operational Duplex operation providing micro-processor lift control system, which enables the two lifts to
Arrangement: operate in conjunction with each other in order to increase traffic handling capacity in your
building.

Motor, drive Motor type: Energy efficient radial synchronous permanent magnet motor.
and Transmission: Gearless innovative design leading up to 50% more efficiency and 80% smaller
suspension: space usage.
Drive type: Regenerative technology with up to 40% less energy consumption and up to 75%
efficiency than conventional systems. ReGen drive captures energy created by elevator
and puts it to use – it feeds building’s electrical grid.
Suspension: Steel Belt with Monitoring system, with lifetime: 20 years with respect of
Maintenance routine and standard operation time.
Car Finishes: Car Interior Walls: Plywood pine A002 – Side finishes, Cement Grey Rear Wall AM016
Car Door Finish: St st brushed
Car Front Returns: St St brushed
Ceiling Type: CS_FL with hairline ST.ST.
Car Operating Panel: COP06 Hairline st.st
Handrail: 4900H_A Hairline Stainless Steel
Kickplates: stainless steel
Flooring: Local by other with recess with extra weight: 200 kg

Landing Landing Door Panel Type: The landing doors will be finished in at all floors, front entrances with
Finishes stainless steel
Door width: 1100 mm, Door Height: 2100 mm
Landing Door Frame Type: The landing door frames will be finished in at all floors, front
entrances with stainless steel

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© 2018 OTIS ELEVATOR.
In car Car Position indicator: LCD. 07, Car Position Indicator will be in 7-inch liquid crystal display,
equipment: Code: Ul 2
Close circuit TV cable: Additional with CCTV multimode Fibre cable
Emergency fire Option: EFO2 Emergency fireman operation (manual)
EFS1 Emergency fireman service (automatic)
Building monitoring system: BMS interface from controller
Remote monitoring: The REM system accumulates real-time information to accurately
identify and correct most problems, quickly. This system takes the guesswork out of repairs
and reduces service interruptions dramatically.
Emergency call device: Direct phone links between the car and the 24/7 OTISLINE® CENTER

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© 2018 OTIS ELEVATOR.
Delivery, manufacture
lead-times & installation
EQUIPMENT DELIVERY

PROPOSED MANUFACTURING LEAD-TIME

The manufacturing period for the solutions we have proposed, as listed below, starts from settlement of all
details, including your official order, approval of our layout drawings and choice of car finishes:

Location Number Type Delivery Time (Weeks) Execution Time (Weeks)

Building#1 Unit 1: unit 2 GEN2 MRL 20 8

We generally employ single man working for our installations in accordance with our Risk Assessment and
Method Statements for the given product. Under these circumstances should you require Otis to supply
a second Engineer for the duration of the installation, an additional cost for this can be submitted for
your approval.

Suitable storage facilities must be provided, which must be dry, locked, illuminated and protected for lift
equipment and tooling. Storage facilities must be on the ground floor where access is on a flat surface and
clear of obstruction to accommodate pump trucks.

PROGRAMME PROPOSAL
Our tender and the following programme proposal are based on utilising our normal installation method.
Any holidays would extend the programme time by the same number of days.

Based on the information known to us at the tender stage, we propose the following programme:

DRAWING AND FINISHES APPROVALS

Written approval is required for all drawings and finishes. Once received, we will be able to release to the
factory for manufacturing.

Should the timescales not meet your requirements, please speak to your Sales Consultant to discuss
other options.

MOBILISATION
Otis plan labour according to the schedule required to meet target installation dates agreed at time of
booking. A pre-site check will be conducted 4 weeks before labour is scheduled. Should the site not be
ready, we will need to reschedule the planned labour. Labour re-mobilisation would take an additional
4 weeks from when the site is ready and approved.

Jobsite Checklist Otis Builder Optional

General 1) The provision of welfare and sanitary facilities  ✓ 

2) Safe and illuminated access to 50 lux for all areas of our works, including  ✓ 
access between floors by means of fixed stairways with handrails and /or
builders’ hoists

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 Jobsite Checklist Otis Builder Optional

3) Craneage for off-loading and distribution and handling of goods ✓  

4) Preparation of the Jobsite in line with the specification in the OTIS General  ✓ 
Arrangement drawing

5) The provision for ensuring that the building will accommodate temporary  ✓ 
loads imposed upon it during the erection program, and the
reinforcement of pavements and floors if required

6) Dry, locked, illuminated and protected storage facilities next to the lift  ✓ 
hoistway(s), or at an agreed location. The size of which needs to be
agreed at our first pre-start meeting. Must be on the ground floor with flat
surface and clear of obstructions to accommodate pump trucks

7) The making safe of any hazardous conditions, including asbestos material  ✓ 

8) Building structural calculations, if required  ✓ 

9) The issue of any relevant notices, obtaining permissions, the payment of fees  ✓ 

10) The removal of all debris from a central collection point from site  ✓ 

11) Suitable protection to lift equipment against adverse environmental  ✓ 

conditions and damage by other trades

12) Lifting plans  ✓ ✓

13) Quiet time restrictions   ✓

14) Non-Standard O and M’s   ✓

15) Lifting eyes  ✓ ✓

16) 2.5m guide rails   ✓

Electrical 17) All supplies to be in accordance with Otis contract drawing   

18) Temporary 110V electric power supply adjacent to the lift hoistway(s) for   
hand tools

19) A permanent 3-phase supply 400V ac, 50 Hz, 5 wire electrical supply cable,  ✓ 
installed, phased, tested and terminated in a lockable non-fused isolator

20) Otis requires all electrical supplies, either temporary or permanent to be  ✓ 

3-phased and tested prior to connection to the lift. Where proof of test is
not available and damaged is caused to lift equipment by a supply fault,
Otis will make claim for suitable compensation

21) 50 lux level of illumination on all landings at the lift doors, excluding Gen2 ®  ✓ 
Comfort. Please refer to product specific attendances

22) Prior to the lift(s) being tested, a fully operational dedicated analogue  ✓ 
telephone line to be installed at a designated location. Telephone lines
which are routed via a switchboard are not suitable, as per the
specification in the OTIS general arrangement drawing

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 Jobsite Checklist Otis Builder Optional

Building 23) Grid lines and datum is as required by Otis adjacent to the lift hoistway(s) ✓
at each landing for our setting-out purposes

24) Front wall of hoistway(s) left down at nominated levels for introduction of ✓
lift equipment

25) Temporary guarding of openings and/or hoistway(s) as per the ✓ ✓

specification in the Otis general arrangement drawing

26) Fire-stopping of entrances ✓ ✓

27) Crash deck to be provided at top floor ✓ ✓

28) Cutting away, building-in and making good ✓

29) Safety screening for excessive gaps and glazed screen to hoistway at ✓
lowest floor for Scenic lift

30) For multiple lifts in a common hoistway, dividing beams and separator ✓ ✓
steels are required as per the specification in the Otis general
arrangement drawing

31) Recommendation - Dust-inhibiting treatment of lift hoistway(s) and any ✓

site painting as may be necessary

32) Fire alarm signal to be fitted in compliance with EN 81-73 ✓ ✓

33) Suitable provision to ensure an ambient operating temperature of ✓

between +5°C and +40°C for the lift equipment

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© 2018 OTIS ELEVATOR.
Clarifications
Otis pricing is based on a concrete/block work lift shafts, including concrete/block work dividing wall for
duplex units. (Block work is required to be 10N/mm2 140 mm thick).

The delivery to site of our equipment will be one consolidated shipment direct from our factory. This will be
via a 56-foot (16.8 m) articulated lorry (40-foot trailer), and our offer is based on being able to access the
site with this vehicle, to be able to offload at a suitable hard standing area, to be agreed by our project
manager. Should the site be unable to accommodate this vehicle, we are able to tranship onto smaller
vehicles. Transhipment has additional cost and program implications, which we will confirm if required.

Otis utilises 5m guide rails, which allows a more efficient installation and better ride quality. Please ensure
that the site is able to accept 5m guide rail deliveries and access to lift shaft.

Existing shaft limitations cannot be surveyed until first pre-start site check.

Bespoke finishes require additional time to be added to the schedule, which is confirmed once finishes are
signed off, and can only be measured once car is installed.

Otis provides standard wiring, conduit and trunking. LSF wiring & galvanized trunking is available at an
additional cost.

Day rates are charged in line with the standard LEIA rates for any extra engineers.

Otis will not take on liability of cleaning, renewing or replacing incorporated lift equipment damaged by
others.

We can include for a short Staff Instruction as part of the lift handover. If, however, a separate site visit is
required then the above charge becomes relevant.

If Otis are to supply and test lifting beams/eyes it is the responsibility of the client or Main Contractor to
provide a suitable scaffold or access platform and for this to remain in place, following construction of the
shaft, until the lifting beams/eyes are tested.

Quotes for GSM connectivity to replace a phone line are valid only for New Equipment orders and must be
requested before the lift equipment order is released for manufacturing to the factory. Any requests for
GSM connectivity after lift equipment is released for manufacturing will require an additional quotation.

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© 2018 OTIS ELEVATOR.
Contract summary
FOR INSTALLATION CONTRACT
1. PARTIES

The Company: Otis Limited.

Registered Address: Zahran business Tower – Tower (B) 11st floor, PO : 4256 Jeddah – KSA .

Company No: 4030052524

The Company: Hany Abdullah bakr Radwan General Contracting

Registered Address: 8407 – Said Bin Zaqr, 2369 Al Aziziyah District, Postal Code : 23334, Jeddah

Company No: 1010779985

2. THE SITE:

ALNEMR AVENUE MALL, ABHA

The Purchaser agrees to purchase, and the Company agrees to provide the Works in accordance with
the terms and conditions [set out overleaf/attached].

Signed for and on behalf of the Purchaser Signed for and on behalf of the Company

Authorised Signatory:.................................... Authorised Signatory:..............................................

Print Name ....................................................
Position...........................................................
Date: ..............................................................
Tender Reference:
Date:
Print Name ..............................................................
Date..........................................................................
88NF2047/02
09/08/2022

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© 2018 OTIS ELEVATOR.
1. GENERAL

1.1 These terms and conditions prevail over any inconsistent terms or conditions contained or referred
to in the Purchaser’s order, confirmation of order, acceptance of quotation or tender or
specification or implied by trade custom or course of dealing. The Purchaser’s order or
acceptance of a quotation or tender constitutes an offer by the Purchaser to purchase the Works
on the terms of the Contract. No offer placed by the Purchaser shall be accepted by the
Company other than by a written acknowledgement issued and executed by the Company or (if
earlier) by the Company starting the Works when a contract for the supply and purchase of the
Works on the terms of the Contract will be established. The Purchaser’s standard terms and
conditions (if any) attached to, enclosed with or referred to in any purchase order or other
document shall not govern the Contract.

1.2 The following definitions shall apply in these terms and conditions:

“Agreed Rate” shall mean the agreed rate (if any) for payment of liquidated damages

“Company” shall mean Otis Limited

“Contract" shall mean the contract under which the Company provides the Works. The Contract is
made up of these terms and conditions, the Tender and the Schedule

“Contract Date" means the date shown in the Schedule on which the Company signs the
Contract

“Contract Price" shall be the price stated in the Tender except as amended by negotiation and/or
variation and/or additional costs confirmed by the Company in writing

“Equipment” means any goods or materials specified in the Tender to be supplied to the Purchaser

“Estimated Delivery Date” shall mean the date/s used by the Company as a guide date/s for
delivery

“Guaranteed Delivery Date" shall mean those date/s for delivery confirmed in writing to Purchaser
as fixed by the Company

“Liquidated Damages Cap" shall mean the maximum agreed amount (if any) for payment of
liquidated and ascertained damages

“Normal Working Hours" shall mean 0800 to 1700 Monday to Friday

“Purchaser" shall mean the business, firm, organisation or person specified in the Schedule who
agrees to purchase the Works [and the Equipment] from the Company on the terms of the
Contract

“Schedule" means the Schedule on the front of these terms and conditions

“Site" shall mean the place or location to which the Equipment is to be delivered and/or the place
or location at which the Works are to be performed as described in the Tender

“Tender" shall mean the Company’s tender for the Works

“Warranty Period" shall mean the period of 12 months from the date of completion of the Works

“Works" shall mean the works relating to the installation of the Equipment described in the Tender
[subject to the provisos in clause 3]

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© 2018 OTIS ELEVATOR.
2. COMPANY OBLIGATIONS

The Company shall use reasonable endeavours to [manage and] complete the Works in
accordance with the Tender.

3. DRAWINGS

All specifications, drawings, and particulars submitted with the Tender are approximate only. All
descriptions and illustrations and other material contained in the Company’s catalogues and other
advertising matter are intended merely to present a general description of the goods therein and
none of these shall form part of the Contract. The Company will, where so stated in the Tender,
provide two copies of general arrangement drawings giving details of work that the Purchaser
should provide free of cost to the Company. A charge will be made for further drawings or
revisions.

4. OVERTIME / DAYWORK

4.1 Unless specifically stated to the contrary in writing, the Tender is based on the assumption that the
Works will be carried out during Normal Working Hours. Work may be performed outside Normal
Working Hours with the Company’s prior written agreement and for an additional charge.

4.2 Unless specifically stated to the contrary in writing, the Tender and the Contract Price are based
on the assumption that the Works will be carried out in one continuous operation and no
allowance has been made for interruptions. The Company reserves the right to increase the
Contract Price to cater for any additional costs incurred in carrying out the Works if it is unable to
do so in one continuous operation.

4.3 Any works carried out on a daywork basis shall, unless otherwise stated in writing by the Company,
be charged for at the Company’s appropriate rates prevailing at the time unless previously
agreed in writing.

5. DELIVERY AND COMPLETION

Any times stated by the Company for delivery and/or completion shall run from the later of (a) the
Contract Date (b) initial payment of the Contract Price and (c) receipt of all information, drawings,
licences, permits and approvals as may be necessary to enable the Works to proceed. All such
times are to be treated as estimates only not creating any contractual obligation unless the
Company has specifically contracted in writing to deliver and/or complete the Works within a
specified time or by a specified date by defining such time or date as a Guaranteed Delivery Date
in the Tender or other contract document signed by the Company. Any times for delivery and/or
completion are estimated and the Contract Price is determined on the understanding that the
Purchaser shall at its own expense before the estimated date of commencement of any part of
the Works ensure that the Site is ready in all respects for the Works to commence and that all the
attendances agreed to be provided by the Purchaser have been, or will be, provided free of cost
to the Company as and when required by the Company in order that the Works may proceed.

6. DELAY IN DELIVERY OR COMPLETION

6.1 If, due to circumstances outside the control of the Company, the Purchaser cannot accept
delivery of Equipment comprised in the Works upon the Estimated Delivery Date (or the
Guaranteed Delivery Date if applicable) for such Equipment, or is otherwise unable to grant to the
Company access to the Site for the purpose of commencement of the Works, the Company
reserves the right to recover any costs incurred by the delay and/or to continue to manufacture
the Equipment and deliver all or any part of it to storage in accordance with Clause 8. The cost of
storage and transport into and out of storage and any associated costs thereby arising shall be at
the entire cost of the Purchaser.

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6.2 The Company shall not be liable for any delay or for any consequences of any delay in the
production or delivery of any Equipment comprised in the Works or in the completion of the Works
in circumstances where an estimated time for completion of the Works has been given by the
Company.

6.3 In circumstances where the Company has agreed a Guaranteed Delivery Date in accordance
with Clause 5, it shall not be liable for any delay or for any consequence of any delay if such delay
shall be due to fire, strike, lockout, dispute with workmen, flood, accident, delay in transport,
shortage of fuel, default of any sub-contractor, inability to obtain material and/or labour,
embargo, act or demand or requirement of any government or government department or Local
Authority, or as a consequence of war or of hostilities (whether war be declared or not) or any
other cause whatsoever beyond the reasonable control of the Company. If any such delay occurs
then (unless the cause thereof shall frustrate or render impossible or illegal the performance of this
Contract or shall otherwise discharge the contracting parties from their obligations under the
Contract) the Company's period for performing its obligations shall be extended by such period
(not limited to the length of delay) as the Company may reasonably require to complete the
performance of its obligations.

6.4 In circumstances where the Company has agreed in writing a Guaranteed Delivery Date for
completion of the Works in accordance with Clause 5 and the Works are not so completed for
reasons other than those outlined in Clauses 6.1 or 6.3 above and other than those attributable to
the Purchaser, the Company shall pay to the Purchaser an amount equal to the 1% (one per cent)
of the Contract Price per week of delay up to an aggregate maximum amount of 10% (ten per
cent) of the Contract Price (Liquidated Damages Cap).

6.5 The Company and the Purchaser agree that the liquidated and ascertained damages referred to
in Clause 6.4 represent an agreed pre-estimate of losses likely to be suffered by the Purchaser in
the event of delay beyond the Guaranteed Delivery Date and are not a penalty.

6.6 The liquidated and ascertained damages referred to in Clause 6.4 shall be the only damages
payable by the Company for delay in completing the Works before the Guaranteed Delivery
Date.

7. DELIVERY OF GOODS

Unless otherwise agreed the Contract Price includes delivery of the Equipment to the Site.

8. STORAGE

Where the Purchaser is unable to accept delivery of all or any of the Equipment at the Site within
seven days after notification that they are ready for dispatch, the Purchaser shall find and pay for
suitable secure storage accommodation together with costs of delivery, offloading and removal
from store, maintenance and insurance. If the Company’s facilities permit, the Company may, at
the Purchaser's written request, store the goods at the Purchaser's risk and expense. The terms of
payment defined in Clause 10 shall continue to apply notwithstanding the contingencies
described in this clause.

9. PASSING OF RISK

As soon as any Equipment is delivered either to Site or into secure storage accommodation, the
Purchaser shall assume the sole risk for any loss or damage to such Equipment howsoever caused.
If the Purchaser is unable to accept delivery of all or any part of the Equipment within seven days
after notification that they are ready for despatch, risk in relation to such Equipment shall pass to
the Purchaser at the expiry of such seven-day period. Once the risk has passed to the Purchaser
such risk shall in no circumstances whatsoever be passed back to the Company.

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10. TERMS OF PAYMENT

10.1 The Contract Price is exclusive of Value Added Tax or any similar or other taxes, levies or duties
(which will be added to the contract value at the prevailing rate).

10.2 Unless the Parties otherwise agree in writing, payment of the Contract Price shall be made by the
Purchaser to the Company as follows:-

(a) 50% of the Contract Price shall become due on the Contract Date. The Company shall be
entitled not to proceed with drawing process and manufacture of Equipment unless this
payment is made in full.

(b) 35% of the Contract Price shall become due on the date which is mid-way between the
Contract Date and the Estimated Delivery Date or Guaranteed Delivery Date (as the case
may be) of the Equipment. This date will continue to apply notwithstanding any change to
programme for reasons beyond the Company’s control. The Company reserves the right not
to proceed to manufacture or to suspend manufacture until this payment is received in full.

(c) 10% of the Contract Price shall become due on delivery of the Equipment either to Site or to
storage as described in Clause 8.

(d) 5% of the Contract Price shall be paid in the form of progress payments as installation
proceeds and such payments shall become due on the date of an application for payment
being made by the Company. The Works shall not be handed over without receipt of such
payment.

10.3 If through no fault of the Company final adjustments to the Equipment cannot be made when
installation is otherwise complete, payment of the outstanding balance of the Contract Price shall
nevertheless become due as though such final adjustments had been made.

10.4 The Purchaser shall, not later than five days after the date on which any payment becomes due,
give notice to the Company specifying the amount (if any) of the payment made, specifying to
what the payment relates and the basis on which the amount was calculated.

10.5 If the Company has exercised its right under Section 112 of the Housing Grants Construction and
Regeneration Act 1996 to suspend performance of its obligations under this Contract, the
Purchaser shall reimburse the Company in respect of any loss and/or expense incurred by the
Company during the period of the suspension including the cost of remobilisation on the lifting of
the suspension. If the Company has given a Guaranteed Delivery Date then the Purchaser shall
allow such extension of time as is necessary to cover the full period of the suspension of the Works
and for remobilisation on the lifting of the suspension.

10.6 The due date for payment set out in Clause 10.2 shall remain in place notwithstanding that the
Purchaser does not accept delivery of any Equipment or allow commencement or completion of
the Works in circumstances where the Company is ready to deliver such Equipment and/or
commence or complete the Works.

10.7 In the case of a contract for more than one lift/escalator where installation of the units is not being
proceeded with simultaneously, the terms of payment set out above shall apply as though there
were a separate contract in respect of each such lift/escalator. Should the Purchaser not accept
delivery or allow commencement or completion of installation when the Equipment is ready for
delivery, payment will become due as if delivery had been made or installation would have
commenced as the case may be.

10.8 All Equipment supplied by the Company shall remain the Company’s property until full payment of
the Contract Price and the Company shall be entitled and the Purchaser hereby irrevocably
authorises and licenses the Company, in the event of the Purchaser failing to pay all or any part of

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 the Contract Price on the due date, without prejudice to any other remedy in equity or at
common law, in accordance with the Contract to enter the Site or other premises where such
Equipment may then be and disconnect, dismantle and remove the same in whole or in part. Any
disposition by the Purchaser of any such Equipment shall be made subject to the exercise by the
Company of such rights.

10.9 Interest shall accrue and become payable on all overdue amounts of the Contract Price from the
date when payment was due until the date when payment in full is actually made in accordance
with the terms of the Late Payments of Commercial Debts (Interest) Act 1998 or such other Acts
governing these matters as may be in force from time to time.

10.10 Notwithstanding the foregoing, the Company reserves the right to require payment of the
Contract Price in advance or against pro-forma invoice at its discretion.

10.11 The period between the due date for payment and receipt of payment shall not exceed 10 (ten)
days.

10.12 Without prejudice to any other right or remedy that it may have, if the Purchaser fails to pay any
part of the Contract Price within the period set out in Sub-Clause 10.11, the Company may
suspend its further performance of any of its obligations under the Contract until payment has
been made in full.

11. PRICE VARIATION

11.1 The Contract Price quoted is based on materials and wage rates ruling at the date of Tender and
will be subject to adjustment in accordance with the Formula for Contract Price Adjustment
(current edition) compiled by the Lift and Escalator Industry Association (the “Formula”).
Alternatively, if the Tender so states, firm prices are quoted on the understanding that the Works will
be completed within the firm price period specified. Should completion be delayed for any reason
beyond the firm price period the Company reserves the right to adjust the Contract Price in
accordance with the Formula.

11.2 The Contract Price will further be subject to variation in respect of any additional costs arising by
virtue of any statute, regulations or orders issued by any Government Department or other duly
constituted authority.

11.3 Any increase in the Contract Price required by the application of the Formula may be invoiced
immediately the amount thereof has been ascertained and be payable forthwith, and Clause 10.9
shall apply to any payments due under this clause should they become overdue.

12. IMPORTED MATERIALS

The Contract Price, where appropriate, allows for the cost of importing materials based upon the
rates of exchange, taxes and duties prevailing at the date of the Tender. Unless the parties
otherwise agree in writing prior to the Contract Date, in the event of any change to such rates,
between the date of the Tender and 14 days after receipt of sufficient payment to settle the
overseas debt, the Company reserves the right to make an appropriate adjustment to the
Contract Price.

13. WARRANTY

13.1 The Company warrants the Works will be carried out in a good and workmanlike manner and that
all Equipment will be of sound manufacture and workmanship. Subject to (a) the Purchaser having
paid all amounts due to the Company under the Contract and (b) the Purchaser having ensured
that all accessible parts are kept clean and properly maintained (c) there having been no
modifications or interference with the Equipment, the Company will make good any defects to the

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 Equipment not due to ordinary wear and tear or to improper use or care which may develop
within the Warranty Period.

13.2 The Company’s liability under the Warranty applies only to defects appearing before the
Purchaser makes any modification or alteration to the Equipment and while the Equipment is
being properly used and maintained in accordance with the Company’s recommended
practice/instructions. In particular (without limitation) the Company shall not be liable for defects
arising from normal deterioration, or improper or faulty handling, operation or maintenance by the
Purchaser or any third party.

13.3 The benefit of the warranty in this Clause 13 shall not be assignable.

13.4 The Warranty does not extend to materials or components forming part of the Equipment which
are not of the Company’s manufacture. In respect of such items the Purchaser shall be entitled
only to the benefit of any manufacturer’s warranty or guarantee the benefit of which the
Company is able to obtain.

13.5 When the Purchaser has entered into a maintenance agreement with the Company in respect of
the Equipment, the Company shall not be liable under the warranty unless the Purchaser has
complied in all material respects with its obligations under such maintenance agreement.

14. LIMITATIONS ON LIABILITY

14.1 This Clause 14 sets out the Company’s entire financial liability (including any liability for the acts or
omissions of its employees, agents and sub-contractors) to the Purchaser in respect of (a) any
breach of the Contract; (b) any use made by the Purchaser of any Equipment installed by the
Company; and (c) any representations, statements or acts or omission (including negligence)
arising under or in connection with the Contract. All warranties (other than those in Clause 13),
conditions and other terms implied by statute or applicable law are, to the fullest extent permitted
by law, excluded from the Contract.

14.2 Subject to Clause 14.3 the Company shall not under any circumstances whatsoever be liable for
any consequential loss including loss or damage arising from a breach of contract, tort (including
negligence), under statute or any other basis in law or equity including, but without limitation, the
following: loss of profits; loss of revenue; loss of production; loss or denial of opportunity; loss of
access to markets; loss of goodwill; loss of business reputation, future reputation or publicity;
damage to credit rating; loss of use; and indirect, remote, abnormal or unforeseeable loss, or any
similar loss whether or not in the reasonable contemplation of the contracting parties at the time of
execution of the Contract.

14.3 Nothing in these terms and conditions or the Contract limits or excludes the Company’s liability for:

(a) death or person injury resulting from negligence; or

(b) any damage or liability incurred by the Purchaser as a result of the Company’s fraud.

14.4 The Company’s total liability in connection with the Contract shall be limited to the Contract Price.

14.5 Save as provided by statute, the Company shall not be liable for and the Purchaser shall indemnify
and hold the Company harmless against any claim for loss or damage to property directly or
indirectly occasioned by or arising from the use or operation (other than by the Company ) or
possession of any of the Works and from negligence (including the use of any part of the Works
otherwise than in accordance with the Company’s operating instructions and manuals) or default
(including any non-compliance with any obligation of this Contract, any delay, any wrong
information and any lack of required information) or misuse by or on the part of the Purchaser or
any persons other than the Company.

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14.6 This indemnity shall extend to any costs and expenses incurred by the Company and shall continue
in force notwithstanding the termination of the Contract.

14.7 The Purchaser shall not use or permit to be used the whole or any part of the Works or Equipment
forming the subject of the Contract before it has been completed, tested and handed over by the
Company and in the event of any such unauthorised use the Company shall not be liable for any
loss or damage arising therefrom.

15. INSTALLATION

15.1 Unless specifically stated to the contrary in writing, the Works will be carried out during Normal
Working Hours and in one continuous operation. The well and (where applicable) the motor room
shall be handed over to the Company properly completed (with a permanent power supply and
required telephone line/s available) and weather tight. Any extra cost incurred by the Company
due to suspension of work, by the Purchaser's instructions, lack of instructions, interruptions, delays,
overtime, unusual working hours and additional work or variations or work for which the Company
is not responsible, or mistakes or any other causes outside the Company’s control shall be added
to the Contract Price and paid by the Purchaser in accordance with Clause 10. Any such charges
shall be based upon the Company’s prevailing rules at the relevant time.

15.2 The Contract Price is based on the payment of the Company’s rates for outworking allowances
and lodging. If suitable lodgings are not available at these rates due to circumstances beyond the
Company’s control, any additional cost incurred (including any extra fares) shall be added to the
Contract Price and shall be payable by the Purchaser.

16. TERMINATION

16.1 The Company may terminate the Contract forthwith if the Purchaser has committed a material
breach of this Contract and fails to remedy such breach within fourteen (14) days of receiving a
written notice from the Company requesting its remedy.

16.2 The Purchaser shall be deemed to be in material breach of this Contract if the Purchaser has
entered into any composition or arrangement (whether formal or informal) with its creditors or has
a bankruptcy order made against it or has been the subject of any application for an interim order
under Section 123 of the 1986 Insolvency Act or becomes the subject of a voluntary arrangement
under Section 1 of the said Act or is unable to pay its debts within the meaning of Section 123 of
the said Act, or has a receiver, manager, administrator or administrative receiver appointed over
its undertaking, assets or income or any part thereof or has passed a resolution for its winding up or
has a petition presented to any court for its winding up or for an administration order or suffers any
distress or execution or has otherwise ceased to trade.

16.3 Where the Purchaser is in material breach of this Contract, the Company may at its election
suspend performance of the Contract (but without affecting the Purchaser's obligation to pay for
work executed up to the point of suspension) until such time as the breach is remedied. Where the
breach is default in payment of any part of the Contract Price, the Company shall be at liberty to
demand security for payment before performing or completing the Contract.

16.4 On termination of the Contract for any reason:

(a) the Purchaser shall pay to the Company all of the Company’s outstanding unpaid invoices
and interest and, in respect of any part of the Works supplied or performed for which no
invoice has been submitted, the Company may submit an invoice, which shall be payable
immediately on receipt;

(b) the Purchaser shall within a reasonable time return all of the Equipment held or stored at the
Site or elsewhere. If the Purchaser fails to do so, the Company may enter the Site or such

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 other premises and take possession of it. Until such Equipment has been restored or
repossessed, the Purchaser shall be solely responsible for its safekeeping;

(c) the accrued rights of the parties as at termination and the continuation of any provision
expressly stated to survive or implicitly surviving termination, shall not be affected.

17. SERVICE EQUIPMENT

Any counter, remote elevator monitoring system ("REM"®), meter, or tool (collectively "service
equipment") which the Company may use or install under the Contract, with the exception of any
telecommunication lines, remains and is intended to remain the property of the Company and is
provided solely for the use of the Company’s employees. The Purchaser grants the Company the
right to store or install service equipment in the machine room at the Site and to electrically
connect it to the Works. The Purchaser will restrict access to the service equipment to authorised
Company personnel. The Purchaser agrees to keep the service equipment and the software in the
service equipment in confidence as a trade secret of the Company. If the Contract is terminated
for any reason, the Company is hereby irrevocably licensed to and the Purchaser will give access
to the Site or other premises to remove the service equipment.

18. TESTING, ACCEPTANCE AND COMPLETION

18.1 Following completion of the Company’s tests, the Company will notify the Purchaser. If the
Equipment is taken into normal service at this time the Works shall be considered complete. If the
Equipment is not taken into normal service at this time the Works shall be shut down and the
Company shall be entitled to additional payment from the Purchaser at the rates current at the
time work is carried out, for such servicing, cleaning, lubricating or other work as may be necessary
to ensure its satisfactory condition when eventually taken into normal service.

18.2 The Company accepts no responsibility for and the Purchaser shall pay to remedy or repair any
damage to the Equipment or the Site arising from the proper performance by the Company of
any examination or test undertaken at the request of the Purchaser or a competent person.

19. PREVENTION OR FRUSTRATION

19.1 If the Contract becomes impossible to perform or is otherwise frustrated, the Purchaser shall be
liable to pay the Company all costs, expenses, overheads and any loss of profit which the
Company, its suppliers or sub-contractors have incurred or for which there is liability under the
Contract at the time of frustration or impossibility of performance.

19.2 Any pre-payments which may have been made to the Company under this Contract shall be
applied towards satisfaction of such sum as may become due to the Company under the
foregoing provisions and the excess (if any) pre-payment will be refunded.

19.3 The Company shall not be liable to the Purchaser if unable to carry out any provision of the
Contract for any reason beyond its control including (but without limitation) act of God, legislation,
war, civil commotion, fire, flood, drought, failure of power supply, lockout, strike, stoppage, or other
action by employees or third parties in contemplation or furtherance of any dispute or owing to
any inability to procure parts or material required for the performance of the Contract.

20. HEALTH AND SAFETY AT WORK

20.1 The Tender allows for compliance with the Construction (Design and Management) Regulations
2007 (the “Regulations”) insofar as they are applicable to the Works. The Tender has been
prepared on the basis that and the Purchaser agrees that the Company will become a Contractor
and not the CDM Co-ordinator or Principal Contractor (as such terms are defined in the
Regulations).

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20.2 If, during the course of carrying out the production or delivery of any Equipment or completion of
the Works, asbestos or any other hazardous or toxic material or environment is discovered, either in
the existing equipment, the Site, the building fabric, or any other equipment associated with the
Works or the vicinity thereof, the Company shall stop work immediately to allow the Purchaser to,
and the Purchaser shall, at its own expense, promptly remove or neutralise the hazardous or toxic
material or environment and the programme shall be amended accordingly for the period of any
delay. The term "hazardous or toxic material or environment" includes any hazardous or toxic
material or environment, (which may if brought into contact or close proximity to an employee of
the Company have adverse consequences to health) techniques or processes. Any costs which
the Company incurs as a result of the delay or removal or neutralising the hazardous or toxic
material or environment will be an additional charge to the Contract Price.

21. PATENTS

The Purchaser warrants that any design or instruction furnished or given by it shall not be such as will
cause the Company to infringe any letter patent, registered design, trade mark or other
intellectual property rights in the execution of the Contract.

22. INSURANCE

The Purchaser will at its own cost, take out and maintain up to and including the date of completion of
this Contract, a Joint Names Insurance Policy for All Risks Insurance for the full re-instatement value
of the Works and the existing structures plus 10% (ten per cent) to cover professional fees. This
insurance will identify the Company as a named insured and evidence of such insurance will be
required by the Company prior to commencement of work.

23. THE LIFT REGULATIONS 1997

The Tender does not contravene The Lifts Regulations 1997.

24. ADJUDICATION

Both the Purchaser and the Company shall be entitled to refer any dispute or difference arising
under this Contract to adjudication at any time. The adjudication shall be conducted in
accordance with the provisions of the TeCSA Adjudication Rules. The nominating body for any
adjudication shall be the RICS.

25. THE CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999

Nothing in this Contract confers or purports to confer on any third party any benefit or any right to
enforce any term of this Contract. The Contracts (Rights of Third Parties) Act 1999 is excluded.

26. CONFIDENTIALITY

26.1 The Purchaser shall keep in strict confidence all technical or commercial know-how, specifications,
inventions, processes or initiatives which are of a confidential nature and have been disclosed to
the Purchaser by the Company, its employees, agents or sub-contractors and any other
confidential information concerning the Company’s business or its products which the Purchaser
may obtain. The Purchaser shall restrict disclosure of such confidential material to such of its
employees, agents or sub-contractors as need to know the same for the purpose of discharging
the Purchaser's obligations to the Customer, and shall ensure that such employees, agents or sub-
contractors are subject to obligations of confidentiality corresponding to those which bind the
Purchaser.

26.2 All materials, equipment and tools, drawings, specifications and data supplied by the Purchaser to
the Customer shall, at all times, be and remain as between the Customer and the Purchaser] the
exclusive property of the Customer, but shall be held by the Purchaser in safe custody at its own

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 risk and maintained and kept in good condition by the Purchaser until returned to the Customer,
and shall not be disposed of or used other than in accordance with the Customer’s written
instructions or authorisation.

26.3 This Clause 26 shall survive termination of the Contract, however arising.

27. VARIATION

No variation of the Contract or any of the documents referred to in it shall be valid unless it is in
writing and signed by or on behalf of each of the parties.

28. WAIVER

28.1 A waiver of any right under the Contract is only effective if it is in writing and it applies only to the
party to whom the waiver is addressed and the circumstances for which it is given.

28.2 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not
exclude rights provided by law.

29. SEVERANCE

29.1 If any provision (or part of a provision) of the Contract is found by any court or administrative body
of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in
force.

29.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part
of it were deleted, that provision will apply with whatever modification is necessary to make it
valid, enforceable and legal.

29.3 The parties agree, in the circumstances referred to in Clause 29.1 and if Clause 29.2 does not
apply, to attempt to substitute for any invalid, unenforceable or illegal provision a valid,
enforceable and legal provision which achieves to the greatest extent possible the same effect as
would have been achieved by the invalid or unenforceable provision. [The obligations of the
parties under any invalid or unenforceable provision of the Contract shall be suspended while an
attempt at such substitution is made.]

30. STATUS OF PRE-CONTRACTUAL STATEMENTS

Each of the parties acknowledges and agrees that, in entering into the Contract it does not rely on
any undertaking, promise, assurance, statement, representation, warranty or understanding
(whether in writing or not) of any person (whether party to these terms and conditions or not)
relating to the subject matter of the Contract, other than as expressly set out in the Contract.

31. ASSIGNMENT

31.1 The Purchaser shall not, without the prior written consent of the Company, assign, transfer, charge,
sub-contract or deal in any other manner with all or any of its rights or obligations under the
Contract.

31.2 The Company may at any time assign, transfer, charge, sub-contract or deal in any other manner
with all or any of its rights or obligations under the Contract.

32. NO PARTNERSHIP OR AGENCY

Nothing in the Contract is intended to, or shall operate to, create a partnership between the
parties, or to authorise either party to act as agent for the other, and neither party shall have
authority to act in the name or on behalf of or otherwise to bind the other in any way (including
the making of any representation or warranty, the assumption of any obligation or liability and the
exercise of any right or power).

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33. INTERNATIONAL TRADE COMPLIANCE

Offers by the Company are subject to the condition that the Purchaser is not listed with MK Denial
(www.mkdenial.com). That is, should the Purchaser be listed in MK Denial no valid contract will be
formed. Should the Purchaser be listed at a later date in MK Denial the Company will have the
right to terminate the contract exceptionally without notice.

34. LAW APPLICABLE

This contract shall in all respects be subject to and construed in accordance with Saudi Law.

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