TERMS OF BUSINESS

1. Measurements shall be taken jointly with the Architects and/or representative of the employer if so desired by the employer. If the Architect and/or representative of the employer remains absent after an appointment for taking measurements has been made, then measurements taken by us shall be correct for the purpose of our bill/bills.

2. i) Measurements for payment in all cases shall be as per the actual area covered by our treatment including offsets, overlappings, watas, etc, as found necessary by at site and executed and not as per drawings and/or estimated quantities, or any other standard.
ii) The area of the bottom plain cement concrete bedding for the basement shall exceed by 150 mm on each side beyond the edge of the reinforced cement concrete raft. The top surface of this bottom concrete bedding has to be covered by our treatment in the interest of work and we shall be paid for the area thus covered and not the area of the raft only.
iii) The entire area of the terrace roof measured between the brick (without plaster) of the parapets and other walls and the area of the watas, calculated by taking their length and the height above the finished level of the terrace shall be the basis of payment.
iv) In the case of Indian type W.C. no deduction shall be allowed.
v) In the case of Tanks, treated from inside, the areas of end walls and both sides of partition and/or baffle walls be measured for payment.

1.) Full payment of our bill/bills interim and final without any retention or deduction on any account shall be made to use by the employer within fourteen days of submission of our interim bill and within one month of submission of our final bill.

2.) In the case of our being direct contractors to owners through the Architects or otherwise our bill shall form a charge on property concerned.

3.) The concerned Architect’s certificate in all the cases shall be final and binding for the basis of payment.

4.) In the event of failure on the part of the employer to make payment of our interim bill within the stipulated period we shall be entitled to suspend the work and the employer shall be responsible for the loss and damage suffered by us on account of such suspension of work.

21. i) The Guarantee is in respect of performance only, and covers the rectification of defect only, if any, found in the work during the said guaranteed period but we shall not be responsible for any conse- quential damage and/or loss what so ever
ii) The guarantee period starts from the date of completion of the work. In the case of new and/or big projects wherein various items of waterproofing work are executed at different times, the guaran- tee period for each item shall start from the respective date of completion date of the whole project.
iii) The said guarantee shall be issued by only after our dues under this contract have been fully paid.

22. We shall not be responsible in any way for non performance either in whole or in part of any work or for any delay in performance thereof due to non-availability or shortage of any material/materi- als, labour, strike, lockout, accidents, acts of Government and God, force major reasons and other circumstances beyond our control.

23. A sum equivalent to 50% of the estimated cost of the work shall be paid to us with the order, as advance without interest. The same is to be against the final bill only.
In the event of the employer withdrawing and/or cancelling the whole or any part of the work we shall be entitled to liquidated damage equivalent to 25% of the cost of the work so withdrawn and/or cancelled.

25. All jobs are subject to the jurisdiction of Bangalore Court only.