Our Ref/work Order: ____________________      Handover Date: ____________

WARRANTY GENERAL CONDITIONS: This warranty notice takes effect on the handover date and shall cover only the system, material and services as per the quotation / contract (as the case may be) and subject to:

(a) full payment with no outstanding by you;
(b) performing the maintenance regularly;
(c) handling and usage in accordance with manual/instruction; and
(d) no tampering/interference by external force or conditions including but not limited to wrong handling, wrong installation, incompatible connection, flood, fire, earthquake, vandalisms, landslide, soil movements, pests, abnormal weather and temperature etc. (Wear and tear are expressly excluded).

1. The Warranty Period shall be in accordance with the Contract/Quotation (as the case may be).

2. For Warranty not specified in the Contract/Quotation, in the event that it is covered by Supplier/Manufacturer warranty, you shall proceed with the registration online or by post in accordance with the Supplier/Manufacturer’s requirements for their warranty.

3. There shall be no warranty unless specifically provided in the Contract/Quotation and in the event that there is warranty specified but the warranty period is not specified, it shall be not more than 12 calendar months from the date of delivery or installation, whichever is the earlier.

4. Wear and tear items includes but not limited to all buttons, switches, tiles, liquid objects, paints, covers, cables, wiring, plasticware, rubbers, pipes, jacuzzi, bolts, nuts, nails, salts, replaceable parts and disposable materials wherein they are not covered under the warranty and shall be charged separately based on current price applicable.

5. Any warranty coverage for defects (wear and tear excluded) or leakage on the waterproofing System shall be subjected to your 14 days written notice to us upon discovery by you, AND subject to the recommended maintenance, full payment and compliance with the Manual provided. Failure to give notice in time and you shall deem to have release us from any responsibility or liability under the warranty, contract, quotation and your purchase order.

6. This warranty general conditions shall subject to our contract/quotation and shall supersede your purchase order, letter of award and all other documents and correspondence unless amended in writing duly executed by both parties making specifically referred to the provisions herein.

7. In addition to the clauses above, the warranty herein shall not extend to nor will it include any liability on our part to remedy leaks/defects caused by or resulting from:

(a) Physical damage other than authorized personnel employed by SCRC in performing the work or by any building works involving disturbance of the wall or by movement of the wall structure from any cause other than normal movement resulting from ordinary atmospheric conditions and temperature changes.
(b) Cracks developing in the wall/floor structure thereby damaging or weakening the waterproofing.
(c) Any materials which are corrosive or detrimental to or incompatible with the wall/floor waterproof covering or any oil or oil base material or solvent or any material incompatible with the waterproofing being brought into contact with or being allowed to remain in contact with wall/floor waterproofing covering otherwise than by Guarantor or his agents or servants.
(d) The warranty is not valid if the water leaking found on the soffit below the swimming pool are away from the swimming compound.
(e) Normal wear and tear is excluded.

8. In the events that we are being called upon under the terms of this Contract to carry out repairs and should any of these repairs subsequently be discovered to be unnecessary or outside the scope of this Contract, we shall be entitled to be paid for the cost of executing such repairs together with all expenses incurred in investigating the complaint and the cause thereof. All goods sold are not refundable and all outstanding payment to SCRC Jaya Sdn Bhd are not subjected to set-off/contra. This Warranty only covers the areas done by us. Any leakage occurring from the areas which are not done shall not be our responsibility under this warranty. This warranty shall deem to be terminated in the event of wrongful termination/unilateral cancellation by the Customer or tempering by third party on the equipment and goods under the Contract/Quotation.

9. For Construction of Pool and Refurbishment of Pool, this warranty shall only be valid commencing from the handover date and subject to full payment without any outstanding. It is agreed that if you failed to certify the practical completion of the works done or to take over the Pool within 2 months from notice to do the same, you agree to release us from any duties to rectify any defects/non-compliance/liquidated ascertain damages wherein this Warranty shall not be applicable due to your breaches.

10. For Pool Maintenance, this warranty only covers the goods and materials purchased from us and shall exclude all pre-contract goods and materials. Any non-payment for 2 months consecutively and you agree to release us from any warranty due to your breach.

11. Time for payment to SCRC shall be of the essence and any additional costs, mobilization and demobilization costs and labour costs etc shall be charged separately and all outstanding payment shall be charged with interest at the rate of 1.5% per month on daily basis from the Invoice date. Any non-payment or breach by you shall release SCRC Jaya from its obligations, responsibilities and warranties.

12. Any tax, levy and duties imposed by the authorities shall be borne by you.

13. This Warranty General Conditions shall form part of the Contract/Quotation terms and shall be binding on you.

14. If any of the above terms are not complied with by you, it is agreed that this Warranty shall deem to have invalid with no liability whatsoever on SCRC part. Any acquiescence by SCRC shall not be deemed to be waiver to any of the SCRC’s rights under this Agreement.

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THIS AGREEMENT (hereinafter referred to as the “Agreement”) is made on the date of _______________ and entered into between:

1. SCRC Jaya Sdn. Bhd. (Company No.: 1209085-M) (hereinafter referred to as “SCRC”) more specifically mentioned in Section 1 of Schedule 1 herein, of the one part; and
2. _________________________________________ (Company No.: _________________________) of __________________________________________________________________________________ (hereinafter referred to as the “Customer”) more specifically mentioned in Section 1A of Schedule 1 herein, of the other part.

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WHEREAS:-

• (A) SCRC and the Customer are referred to individually as a “Party” and collectively as the “Parties”.
• (B) SCRC operates the business of swimming pool-related sales and services including, but not limited to, swimming pool construction and refurbishment.
• (C) The Customer intends to engage SCRC to construct a swimming pool at the Project Site more specifically defined in Schedule 1, Section 3.
• (D) The Customer is desirous of obtaining the expert services and supply from SCRC, and the Parties herein hereby agree to enter into this Agreement to establish the contractual duties and responsibilities between the Parties.

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NOW, THEREFORE, for and in consideration of the respective undertakings hereinafter set forth, THE PARTIES HAVE AGREED AS FOLLOWS:

1. Commencement Date

This Agreement shall commence on _______________ (the “Commencement Date”).

2. Downpayment and Performance

In consideration of the non-refundable downpayment as provided in Schedule 1, Section 2 herein stated to be paid to SCRC by the Customer no later than 7 days from the date of commencement, SCRC shall perform its duties and responsibilities as provided in Schedule 2 herein, subject to the observation and payment by the Customer in accordance with the Payment Terms herein contained.

3. Appointment and Contract Sum

The Customer hereby expressly appoints SCRC to proceed with the works and services relating to the Project more specifically stated in Schedule 1, Section 3 and Schedule 2 herein. The Customer further agrees to pay the contract sum agreed upon herein and any additional costs and taxes incurred at the Project Site.

4. Obligations of SCRC

• (a) Subject to the payment and observation of the terms herein by the Customer, SCRC shall perform all its duties and responsibilities in the Project as provided in Schedule 2 herein.
• (b) SCRC will duly communicate with the Customer in the event that there are additional issues or costs incurred due to the actual scenario of the Project Site. The Customer shall within 1 working day revert with instructions regarding the issue or additional costs, failing which the Customer shall be deemed to have conceded to the costs of the additional works or issues in order to complete the Project on time. Any delay by the Customer to respond will automatically grant an extension of time to SCRC to complete its duties and responsibilities, wherein any demobilization period shall be at the Customer's expense.
• (c) SCRC will cooperate and coordinate with the Customer regarding the Customer’s needs, variations, and instructions from time to time. In the event that additional costs may be incurred and additional time required, SCRC may perform such works as instructed by the Customer, for which an extension of time shall be granted and costs shall be borne by the Customer.
• (d) SCRC will provide a limited warranty as and when required, subject to the terms and conditions herein, the Warranty General Conditions, and the General Terms and Conditions provided in Schedule 2.

5. Obligations of the Customer

• (a) The Customer agrees to pay SCRC the agreed contract sum and shall be liable for the full outstanding sum together with all government taxes, levies, duties, additional costs, and interest. The Customer acknowledges that all goods sold are non-refundable. The Customer shall not impose any Liquidated and Ascertained Damages (LAD) unless duly proven after a joint assessment and admitted by SCRC’s management in writing post-handover.
• (b) The Customer shall comply with all necessary laws, rules, and regulations required for SCRC to perform its duties under this Agreement.
• (c) The Customer shall ensure that its authorized personnel duly sign and execute all necessary documents required for SCRC to perform its duties and obligations under this Agreement and the law.
• (d) The Customer shall provide all necessary access, approvals, documents, and permits required for SCRC to perform its obligations at the Project Site, including access to any other required areas such as free storage space for materials delivered to the Project Site.
• (e) In the event of any delay and/or stop-work order from the Customer and/or any third party, the Customer agrees to grant an extension of time including remobilization time at no cost to SCRC. If the construction period exceeds a cumulative total of 4 months from the commencement date due to reasons not solely the responsibility of SCRC, SCRC may at its sole discretion either terminate the Agreement and claim for outstanding amounts or vary the contract price for additional costs incurred.
• (f) In the event of conflicting instructions from the Customer’s personnel to SCRC, the Customer agrees to indemnify SCRC and waive all claims and costs against SCRC arising from such conflicting instructions, including but not limited to storage area fees, downtime, and additional costs.
• (g) The Customer shall duly pay the agreed contract sum according to the payment terms and as billed by SCRC for any additional works, costs, and interest incurred. In the event of late payment, SCRC shall not be liable for any LAD, incidental, or consequential damages. Furthermore, the Customer shall compensate SCRC for loss of time, mobilization and demobilization costs, damaged and stolen goods, and labor costs at RM800 per day (applicable to pool construction and refurbishment only).
• (h) The Customer shall not be entitled to unilaterally terminate this Agreement, whether due to a change of management, takeover by successors-in-title, management corporation, JMB, assignees, liquidators, and/or receivership. Any wrongful termination or unilateral cancellation by the Customer after the commencement date shall render the Customer liable to pay 40% of the contract value to SCRC, and all previous payments and downpayments shall be forfeited accordingly. Any statement of indebtedness duly signed by SCRC shall be deemed conclusive evidence of the Customer's indebtedness, and the Customer waives all rights to dispute such outstanding amounts.

6. Mutual Assistance and Changes in Law

The Parties agree to provide facilities, equipment, materials, information, and assistance reasonably required to satisfactorily perform this Agreement, and each party shall use its best endeavors to assist the other.

In the event of a change in law relating to taxes and charges, the Customer shall pay such taxes, levies, and duties imposed by Government and Statutory Bodies from time to time. The Customer shall pay for all mobilization/demobilization costs, delays, and additional costs due to price fluctuations and downtime caused by the Customer (including non-payment or change of management). Any non-payment or breach by the Customer shall release SCRC from its obligations, responsibilities, and warranties.

7. Termination for Breach

In the event of any material breach, non-performance, or non-compliance by the Customer, upon serving a 7-day notice to the Customer, SCRC shall be entitled to terminate this Agreement and claim all outstanding amounts together with solicitor-client basis costs. Any acquiescence by SCRC shall not be deemed a waiver of any of SCRC’s rights under this Agreement.

8. Representations and Warranties

Each Party warrants and covenants that:

• (a) It has the full right, power, and authority to enter into this Agreement, perform its duties, and grant any rights set forth herein;
• (b) Its representative signing this Agreement has full capacity and authority to bind it to these terms; and
• (c) All services provided in relation to this Agreement will be rendered with the due care, diligence, and skill reasonably expected of professionals. The Parties make no other warranties or assurances regarding goods and services save and except as provided in this Agreement.

9. Indemnity and Legal Costs

The Customer shall fully and effectively indemnify SCRC against any and all losses, claims, damages, costs, expenses, and liabilities sustained or incurred, or brought against SCRC by any person arising out of or in relation to any willful, unlawful, or negligent act or omission of the Customer.

If personal injury or damage occurs because the Customer allowed unauthorized access to the Project Site, the Customer shall indemnify SCRC and settle all outstanding amounts within 7 days from the invoice date. Payments due to SCRC shall not be subject to deduction, contra, set-off, or counterclaim. SCRC is entitled to impose interest at 1.5% per month on a daily basis for any delay or non-payment from the invoice date until full settlement, together with all expenses and legal costs on a solicitor-client basis.

10. Precedence and Scope of Agreement

The General Terms and Conditions in Schedule 2 shall apply unless otherwise agreed in writing or specified under Special Conditions in Schedule 3.

In the event of any inconsistency, this Agreement and Schedule 3 shall supersede the appendixes and General Terms and Conditions in Schedule 2. This Agreement supersedes all previous and future representations (including the Customer’s letter of award or purchase order) and serves as the principal agreement between the Parties, taking retroactive and prospective precedence over all Purchase Orders and Letters of Award. Any amendment must be in writing, specifically reference the relevant provision, and be duly executed by both parties.

11. Consequences of Termination

Upon termination, the Customer shall bear all costs, material, labor, and other expenses incurred up to the date of termination, along with interest and solicitor-client costs. For the avoidance of doubt, any goods purchased by SCRC to perform this Agreement shall be compensated by the Customer upon premature termination. Both parties agree that for any wrongful termination or unilateral cancellation by the Customer, the Customer shall pay 40% of the Contract Sum to the Contractor on top of other entitled claims.

12. Amendments and Stamping

This Agreement may only be amended in writing signed by the duly authorized representatives of each Party, making specific reference to the intended provision. All stamping and related charges shall be borne by the Customer.

13. Schedules and Time of the Essence

The Schedules and Appendixes form an essential part of this Agreement. Time, wherever mentioned regarding payment, shall be of the essence.

14. Independent Relationship

Nothing in this Agreement shall constitute or be deemed to constitute a partnership, employment, or joint venture between the Parties.

15. Governing Law and Jurisdiction

This Agreement shall be governed and construed in accordance with the laws of West Malaysia. SCRC may enforce or execute this contract in any court of competent jurisdiction. The Parties submit to the exclusive jurisdiction of the courts of Malaysia at Kuala Lumpur. Both Parties confirm that this Agreement and its terms were negotiated at arm's length, and no adverse legal inferences shall be drawn against either party.

16. Severability

Should any provision of this Agreement be held by a court to be unlawful, invalid, unenforceable, or in conflict with any rule, statute, ordinance, or regulation, the validity and enforceability of the remaining provisions shall remain entirely unaffected.

17. Notice

Any service of notice, demands, and legal process under this Agreement shall be deemed sufficiently served if delivered by hand, courier, or A.R. Registered Post to the address provided herein, unless a new address is notified in writing. Notices sent via A.R. Registered Post shall be deemed received within 7 days of posting. Notices may also be served electronically provided confirmation is simultaneously sent by hand or post as described in this clause.

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