Alfurat
Alfurat
CONTRACT
FOR
FOR
BY & BETWEEN
AND
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Abdul Latif Jameel Lands Company Ltd Commercial Registration No. 4030238067 I Capital: SR 1,355 Million Fully Paid
Ref: LOA-005-W-C-005-ALJL
ABDUL LATIF JAMEEL LANDS COMPANY LIMITED, a company organized and duly registered under
the laws of KSA with Commercial Registration No. 4030238067 issued by Ministry of Commerce and
Industry, and having VAT registration number# 300998082100003, issued by General Authority of
Zakat and Tax (GAZT), whose registered office is at P.O. Box 248, Jeddah 21411, KSA, Phone: +966 12
693 0000, Fax: +966 12 628 444, represented in signing this Contract by Mr. Raad Al Saady in his
capacity as VP - ALJ Lands Company Limited, hereinafter referred to as the "Employer" and as the
"First Party', and
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Abdul Latif Jameel Lands Company Ltd Commercial Registration No. 4030238067 I Capital: SR 1,355 Million Fully Paid
2.5 Contractor shall upon receiving instruction from the Employer execute the Works for the
Mock- ose apartments are ready to commence the Works.
2.6 The Employer have appointed a Supervision Consultant (Engineer) for the project. The
Engineer shall have the authority to exercise the Contract administration authorities under
this Contract. The Supplier shall be notified about the assigned Engineer after signature of
this Contract by both parties.
3. CONTRACT PRICE
3.1 In consideration of the satisfactory execution and completion of the Works in accordance
with the requirements of the Contract and subject to its terms, the Employer herby agrees
to pay to the Contractor an Initial sum of SR 256,580 (Saudi Riyals Two Hundred Fifty-Six
Thousand Five hundred Eighty Only)
.
3.2 The above Contract Price is for the satisfactory and complete Supply and Installation of
Vanity Countertops (Black Galxy granite countertop 2cm + 7cm backsplash including basin
openings) for an estimated quantity of 787 linear meter at an average rate of SR 326 (Saudi
Riyals Three Hundred Twenty-Six Only) per Linear meter. The final quantity of the Works
shall be re-measured and the final Contract price shall be fixed in case of any difference as a
result of such measurement whether upward or downward and the Contractor shall be paid
accordingly.
3.3 The Contract Price shall be inclusive of, amongst other things, all taxes (except Value added
tax), charges and costs referred to in the bill of quantities, together with any fees, duties,
insurance, premiums, the cost of supervising the works, the cost of labor and the cost of any
equipment for the entire period which the works are carried out.
3.4 The Contractor price will not be subject to escalation or increase as a result of any increase
in materials price or manpower rate except as specified in article 3.2 and article 9.
3.5 The Contract price is excluding Value Added Tax (VAT). If any Work performed by the
Contractor under or in connection with this Contract is subject to Value Added Tax (VAT),
the Contractor shall collect these taxes at the applicable rates on the Contract price and
transfer it to the General Authority of Zakat and Tax (GAZT), and the Employer hereby
undertakes to pay these taxes.
4. PAYMENT TERMS AND CONDITIONS:
4.1 First Payment: SR 86,500 (Saudi Riyals Eighty-Six Thousand Five Hundred Only) excluding
VAT shall be paid as First payment to facilitate purchasing of materials; upon receiving
Employer and/or the Engineer;
4.2 Recovery of First Payment: N/A
4.3 Progress Payment: To be submitted bi-weekly (twice a month) as per the progress on site,
subject to Five percent (5%) retention. The payment shall be substantiated with the
calculation sheets of the executed Works;
4.4 Final Payment: To be submitted upon preliminary handing over of Works subject to Five
percent (5%) retention and recovery of amount paid as advance payment and progress
payments. This payment shall be released by the Employer upo
warranty and
Contract;
4.5 Performance Guarantee: N/A;
4.6 Release of Retention: Retention amount shall be released after Thirty (30) calendar days
from the date of preliminary handing over of Works upon confirmation from the Engineer
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Abdul Latif Jameel Lands Company Ltd Commercial Registration No. 4030238067 I Capital: SR 1,355 Million Fully Paid
that Works are accepted with no outstanding Works or defects and has satisfactorily passed
all necessary tests upon completion (if any);
4.7 Contractor to submit all progress payments in the approved format as will be directed by
the Employer's PM plus the VAT against the supplies, services and/or installation which are
taxable under VAT.
4.8 Time for payment shall be Ten (10)
undisputed invoice application in proper format supported and substantiated with all
payment certificate requirements.
4.9 Bank Details: Payment to be paid for the Contractor as per following Bank Details:
Beneficiary Name : Al Furat Company for Manufacturing and Production of granite and
marble boards (One person company)
Bank : The Saudi Investment Bank
IBAN No. : SA33 6500 0000 2352 3213 3001
5. WARRANTY AND GUARANTEES
The Contractor shall provide all necessary warranties and guarantees for the Works as per the
following:
5.1 Letter of warranty by Contractor upon completion of Works and prior to issuing the
Preliminary Handing over Certificate confirming its liability to immediately attend, remedy
and rectify defects due to manufacturing defects and/or installation errors, mistakes,
workmanship, negligence and/or complete any outstanding Works. Validity of this warranty
shall be One (01) year from the date of preliminary handing over of Works to Employer as
per the form attached to Appendix - C within this Contract.
5.2 For avoidance of doubt, Contractor warrants and guarantees to Employer that all Work will
be in accordance with the Contract and will be free from all defects in material and
workmanship. If within One (01) year after the date of Preliminary handing over or such
longer period of time as may be prescribed by laws or regulations or by the terms of any
specific provision or applicable special guarantee in the Contract documents, any Work is
found to be defective, Contractor will promptly, without cost to Employer and in accordance
rejected by Employer, remove it from the Property and replace it with non-defective Work.
If Contractor does not promptly comply with the terms of such instructions, or in an
emergency where delay would cause serious risk of loss or damage, Employer may have the
defective Work corrected or the rejected Work removed and replaced, and all direct,
indirect and consequential costs of such removal and replacement (including but not limited
to fees and charges of engineers, architects, attorneys and other professionals) will be paid
by Contractor.
6. COMMENCEMENT DATE:
6.1 The commencement date of Works shall be the date of Kick-off meeting.
7. TIME FOR COMPLETION AND EXECUTION PLAN:
7.1 Contractor shall submit the Execution plan during the kick-
7.2
main contractor.
7.3 The Contractor confirms that he had obtained all the licenses and permits, if any, to carry
out the Works in the specified Period.
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Abdul Latif Jameel Lands Company Ltd Commercial Registration No. 4030238067 I Capital: SR 1,355 Million Fully Paid
7.4 Contractor to submit a detailed Work schedule showing the breakdown of activities and
duration after three business days from the Commencement Date for Engineer and/or
Employer
7.5 Contractor to produce biweekly updates on schedule as instructed or directed by the
Engineer and/or
7.6 Contractor to produce recovery plan/schedule in case of delay or elapsed baseline schedule
to demonstrate its actions and plans to have project completed on contractual completion
date.
8. DELAY PENALTY:
8.1 If the Contractor fails to complete the Works within the time for completion, delay penalty
shall be applied at a rate of 2% of total Contract Price per week or part of week but not to
exceed a maximum 10 % of the total Contract Price and will be deducted from the
Contractor fees.
8.2 In the event of substantial delay and failure by the Contractor to maintain the rate of
progress in accordance to approved work schedule with unjustified delay exceeding 15% of
the overall project duration, The Employer reserves the right to terminate this contract due
to default and to appoint other Contractor(s) to complete the outstanding Works and: -
a. All the additional cost, expenses and losses incurred and suffered by the Employer
9.2 In the absence of the appropriate unit rates and prices, such Variation shall be valued and
assessed by the Employer and new rates to be agreed in writing between the Employer and
Contractor.
9.3 Contractor shall not proceed with any Variation prior to receiving a written instruction from
Engineer and/or Employer d and implement such Variation.
10. SUSPENSION:
10.1 The Employer may at any time or times by notice in writing through the Engineer to the
Contractor suspend in completely or in part the performance by the Contractor of the
Works. At any time thereafter the Employer may, by further notice in writing to the
Contractor, require it to recommence in whole or in part performance of the Works
suspended. if, however, at any time after a period of Three (3) months from the
commencement of any such suspension, the Contractor has not received notice from the
Employer to recommence the performance of all the Works so suspended, the Contractor
may, itself, give notice in writing to the Employer to terminate in whole or in part those of
the suspended Works which it has not been notified to recommence. If an addition to the
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Abdul Latif Jameel Lands Company Ltd Commercial Registration No. 4030238067 I Capital: SR 1,355 Million Fully Paid
Works is required as a result of the recommencement of the Works as aforesaid, the
Employer and the Contractor shall agree in writing the additional remuneration due to the
Contractor as a result of such addition to the Works and in case of no agreement then the
Employer shall be at the option to terminate the Contract or award such additional items to
another contractor.
11. TERMINATION AND DEFAULT:
11.1 The Employer shall have the right, by giving notice, to terminate all or any part of the
Works and/or the Contract at such time or times as the Employer may consider necessary
for any or all of the following reasons:
i. To suit the convenience of the Employer;
ii. Subject only to article 11.2, in the event of any default on the part of the Contractor; or
11.2 In the event of default on the part of the Contractor, the Employer shall give notice of
default to the Contractor prior to issuing a notice of termination. Upon receipt of such
notice and if the Contractor does not diligently commence and thereafter continuously
proceed with action satisfactory to the Employer to remedy such default within 7 Working
days, the Employer may issue at any time a notice of termination in accordance with the
following provisions.
11.3 In the event of the Employer giving the Contractor notice of termination of all or any part
of the Works and/or the Contract, such notice shall become effective on the date specified
therein (or in the absence of any specified date at the date of receipt of the notice)
whereupon the Contractor shall immediately cease performance of the Works.
11.4 In the event of termination under article 11.1.(i) above, the Contractor shall be paid for the
reasonable and substantiated cost and expense necessarily incurred by the Contractor in
relation to the Works properly carried out by the Contractor under the Contract, less any
money owed by the Contractor to the Employer under the Contract or otherwise up to the
date of such termination.
11.5 In the event of termination in accordance with article 11.2, the Contractor, in the opinion
of the Employer, shall be entitled to payment only for that portion of the Works
satisfactorily completed in accordance with the Contract such payment will be on hold till
completing the Works by others. Any additional costs incurred by the Employer as a result
of the Consultant's default shall be recoverable from the Contractor.
11.6 In the event of termination of the Works or any part thereof and/or this Contract by the
Employer, the Employer shall not be liable to the Contractor for any loss, damage, cost or
expense of any indirect, special or consequential nature howsoever arising including
without limitation loss of profit or loss of revenue.
12. APPLICABLE LAW AND JURISDICTION:
This Contract shall be governed and construed in accordance with the applicable laws of
Kingdom of Saudi Arabia.
13. DISPUTE RESOLUTION:
Should whatever dispute/controversy arise between the Parties concerning the interpretation
of the Contract or its execution, during validity period of the Contract or after its
completion, the Parties undertake to reach to amicable settlement within 15 days from dispute
arising. If satisfactory settlement is not reached within the said period, the Parties shall refer
the dispute to the competent court in Kingdome of Saudi Arabia/ Jeddah.
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Abdul Latif Jameel Lands Company Ltd Commercial Registration No. 4030238067 I Capital: SR 1,355 Million Fully Paid
14. LIABILITY AND INDEMNITY:
The Contractor shall release, protect, indemnify, defend and hold harmless the Employer in
respect of all claims, losses, damages, costs, expenses and liabilities of every kind and nature
arising directly or indirectly out of or in connection with the performance of the Works to the
extent that such loss or damage is caused by negligence, breach of duty, or willful misconduct of
the Contractor, its sub-Contractors, employees, and/or agents.
15. INSURANCE:
15.1 The Contractor shall purchase and at all times during the term of the Works maintain the
following insurance coverage:
i. Workmen Compensation insurance: relating to death or injuries or diseases or
disabilities sustained by the workers or third parties from work related accidents in
accordance to applicable laws within KSA .
15.2 The Contractor shall produce to the Employer, on request, copies of all insurance policies
applicable to this Contract and the extent of the cover given by those policies, together
with receipts or other evidence of payment of the latest premiums due under those
policies.
15.3 Failure by the Contractor to submit the insurances upon request by the Employer will
constitute a default on the part of the Contractor under the Contract, in respect of which
the Employer may, at its sole discretion, terminate this Contract written notice to the
Contractor. Such termination will be effective immediately upon the Employer serving the
notice of termination on the Contractor. Upon such termination, the Contractor agrees
that it will not be entitled to any payment from the Employer under the contract arising
from such termination.
15.4 Notwithstanding article 15.3 above and without prejudice to it and/or to any other rights
the Employer may have, the Employer, may, at its sole discretion, procure any required
insurance as per this article at the cost of the Contractor and will be entitled to pay the
premiums and deduct such amounts from any dues the Contractor may have.
15.5 Without prejudice to the insurance requirements as per the above, the Contractor will be
liable towards the Employer against any breaches of this Contract and/or any other causes
of liability or damage of properties or human causality resulted from the Works.
16. QUALITY ASSURANCE:
16.1 The Contractor shall carry out the Works in accordance with applicable international
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Abdul Latif Jameel Lands Company Ltd Commercial Registration No. 4030238067 I Capital: SR 1,355 Million Fully Paid
agrees that safety and environmental requirements and procedures are crucial in the
Works performance and it will be liable towards the Employer, authorities, public and other
towards any non-compliant with the safety and environmental requirements and
procedures and will indemnify the Employer and keep it harmless from and against all and
any liabilities, cause of liability, compensation, third party claims, fines, penalties, costs,
24. CONFIDENTIALITY:
24.1
related to it as Confidential Information and will not share it with any third party without
the prior written approval of the Employer except as necessary to implement or perform
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Abdul Latif Jameel Lands Company Ltd Commercial Registration No. 4030238067 I Capital: SR 1,355 Million Fully Paid
this Contract, or except as required by law or by any governmental agency or regulatory
authority,
24.2 The restrictions contained in this Article 24 shall not apply to information or knowledge
which has come into the public domain without fault on the part of the Contractor.
IN WHITNESS WHEREOF, the Parties hereto have duly executed this Contract in Jeddah, Kingdom of
Saudi Arabia in two original copies, on the date and year first hereinabove written. If this Contract is
drafted in Arabic and English, then the Arabic text prevails.
Signed for and On Behalf of the Employer Signed and on Behalf of Contractor
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Abdul Latif Jameel Lands Company Ltd Commercial Registration No. 4030238067 I Capital: SR 1,355 Million Fully Paid
APPENDIX A
LETTER OF ACCEPTANCE
Letter of Acceptance, reference# LOA-005-W-C-005-ALJL, dated 22nd February, 2021 is attached to
this Appendix.
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Abdul Latif Jameel Lands Company Ltd Commercial Registration No. 4030238067 I Capital: SR 1,355 Million Fully Paid
APPENDIX B
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Abdul Latif Jameel Lands Company Ltd Commercial Registration No. 4030238067 I Capital: SR 1,355 Million Fully Paid
APPENDIX C
LETTER OF WARRANTY
Contractor to submit a Letter of Warranty upon completion and acceptance of Works and prior to
issuance of the Taking over Certificate confirming its commitment to attend, rectify and remedy
defects and any issues in relation to its scope of Works during the Defects Liability Period as per the
following format:
Date: ____________
Greetings,
We hereby irrevocably and unconditionally confirm our commitment to rectify upon first demand
from Employer any defects, defaults and to attend to comments related to all items installed under
the Scope of Work which might occur or arise during the Warranty Period which extends to One (01)
year from the date of preliminary handing over.
Regards,
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Abdul Latif Jameel Lands Company Ltd Commercial Registration No. 4030238067 I Capital: SR 1,355 Million Fully Paid
APPENDIX D
UNDERTAKING LETTER
Form of Preliminary Undertaking Letter
Contractor to submit an undertaking letter to confirm that its final account is in compliance with
To: XXXXXXXXXX
Project: XXXXXXXXXX
Dear Sir,
With reference to the Contract Ref#_____________ dated ____________, we hereby confirm our
final account position as stated below:
Ltd. except for the retention value which is: SR ___________ which will be claimed upon the
completion of Defects Liability Period, and we will have no further outstanding monies due in
respect of the aforementioned Contract and the Project.
This statement is made under the official seal of the company and signature of authorized signatory
and do form a legal document and final statement of account.
Authorized Signatory
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Abdul Latif Jameel Lands Company Ltd Commercial Registration No. 4030238067 I Capital: SR 1,355 Million Fully Paid
Form of Final Undertaking Letter
Contractor to submit an undertaking letter to confirm that its final account is in compliance with
To:
Letter of Acceptance)
Project: XXXXXXXXXX
Dear Sir,
With reference to the Contract Ref# _______________ dated ___________, we hereby confirm our
final account position as stated below:
Ltd. (except for the retention value being claimed above). We will have no further outstanding
monies due in respect of the aforementioned Contract and the Project.
This statement is made under the official seal of the company and signature of authorized signatory
and do form a legal document and final statement of account.
Authorized Signatory
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Abdul Latif Jameel Lands Company Ltd Commercial Registration No. 4030238067 I Capital: SR 1,355 Million Fully Paid
AL-FURAT COMPANY
Manufacturing & Prod. of Granite & Marble Boards
C.R. 4030131228 - C.O.C. 76406 76406 4030131228
VAT NO.: 300174487100003 300174487100003
Quotation
Date 24/12/2020
CUSTOMER: Abdul Latif Jameel
SUBJECT : Supply & Installation Granite For Vanity Top
PROJECT : Abdul Latif Jameel Land
ATTENTION :
Tag QTY Unit DESCRIPTION UNIT. PRICE (SR) TOTAL PRICE
B1 Proposal 04 (16 Times)
Vanity Top Black Galaxy Granite 140x60x2cm with Back
1 16 Pcs 480 7,680
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 106x60x2cm with Back
2 16 Pcs 420 6,720
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 130x60x2cm with Back
3 16 Pcs 475 7,600
Splash 7cm includding 1 Basin Opening
B2 Proposal 05 (15 Times)
Vanity Top Black Galaxy Granite 156x60x2cm with Back
4 15 Pcs 515 7,725
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 191x60x2cm with Back
5 15 Pcs 580 8,700
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 176x60x2cm with Back
6 15 Pcs 560 8,400
Splash 7cm includding 1 Basin Opening
B2 Mirror P02 (15 Times)
Vanity Top Black Galaxy Granite 156x60x2cm with Back
7 15 Pcs 515 7,725
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 191x60x2cm with Back
8 15 Pcs 580 8,700
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 176x60x2cm with Back
9 15 Pcs 560 8,400
Splash 7cm includding 1 Basin Opening
C1 Proposal 03 (14 Times)
Vanity Top Black Galaxy Granite 191x60x2cm with Back
10 14 Pcs 580 8,120
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 206x60x2cm with Back
11 14 Pcs 610 8,540
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 216x60x2cm with Back
12 14 Pcs 680 9,520
Splash 7cm includding 2 Basins Opening
C2 Proposal 04 (16 Times)
Vanity Top Black Galaxy Granite 156x60x2cm with Back
13 16 Pcs 515 8,240
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 161x60x2cm with Back
14 16 Pcs 525 8,400
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 160x60x2cm with Back
15 16 Pcs 525 8,400
Splash 7cm includding 1 Basin Opening
C3 Proposal 03 (16 Times)
Vanity Top Black Galaxy Granite 96x60x2cm with Back
16 16 Pcs 400 6,400
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 181x60x2cm with Back
17 16 Pcs 565 9,040
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 186x60x2cm with Back
18 16 Pcs 575 9,200
Splash 7cm includding 1 Basin Opening
C4 Proposal 03 (16 Times)
Vanity Top Black Galaxy Granite 181x60x2cm with Back
19 16 Pcs 565 9,040
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 186x60x2cm with Back
20 16 Pcs 575 9,200
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 126x60x2cm with Back
21 16 Pcs 460 7,360
Splash 7cm includding 1 Basin Opening
C5 Proposal 04 (10 Times)
Vanity Top Black Galaxy Granite 96x60x2cm with Back
22 10 Pcs 400 4,000
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 136x60x2cm with Back
23 10 Pcs 480 4,800
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 162x60x2cm with Back
24 10 Pcs 530 5,300
Splash 7cm includding 1 Basin Opening
C6 Proposal 05 (6 Times)
Vanity Top Black Galaxy Granite 96x60x2cm with Back
25 6 Pcs 400 2,400
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 136x60x2cm with Back
26 6 Pcs 480 2,880
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 162x60x2cm with Back
27 6 Pcs 355 2,130
Splash 7cm includding 1 Basin Opening
C7 Proposal 02 (16 Times)
Vanity Top Black Galaxy Granite 226x60x2cm with Back
28 16 Pcs 655 10,480
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 188x60x2cm with Back
29 16 Pcs 575 9,200
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 174x60x2cm with Back
30 16 Pcs 550 8,800
Splash 7cm includding 1 Basin Opening
D1 Proposal 02 (8 Times)
Vanity Top Black Galaxy Granite 146x60x2cm with Back
31 16 Pcs 495 7,920
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 161x60x2cm with Back
32 8 Pcs 525 4,200
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 126x60x2cm with Back
33 8 Pcs 460 3,680
Splash 7cm includding 1 Basin Opening
D2 Proposal 01 (6 Times)
Vanity Top Black Galaxy Granite 146x60x2cm with Back
34 12 Pcs 495 5,940
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 161x60x2cm with Back
35 6 Pcs 525 3,150
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 126x60x2cm with Back
36 6 Pcs 460 2,760
Splash 7cm includding 1 Basin Opening
R1 Proposal 01 (2 Times)
Vanity Top Black Galaxy Granite 134x60x2cm with Back
37 2 Pcs 480 960
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 106x60x2cm with Back
38 2 Pcs 420 840
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 126x60x2cm with Back
39 2 Pcs 460 920
Splash 7cm includding 1 Basin Opening
R2 Proposal 02 (2 Times)
Vanity Top Black Galaxy Granite 156x60x2cm with Back
40 2 Pcs 515 1,030
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 161x60x2cm with Back
41 2 Pcs 525 1,050
Splash 7cm includding 1 Basin Opening
Vanity Top Black Galaxy Granite 156x60x2cm with Back
42 2 Pcs 515 1,030
Splash 7cm includding 1 Basin Opening
TOTAL--> 256,580
VAT 15%--> 38,487
GRAND TOTAL--> 295,067
Only Two Hundred and Ninety-Five Thousand, Sixty-Seven Saudi Reyals
Regards
Al Furat Company for Marble & Granite Industry