CDN Software Solutions Pvt Ltd India
No. 604, Industry House
A. B. Road
Indore, M.P, India
Written Agreement dated 22nd November 2010 for Development &
Implementation Services for Desktop Application
Code name: BULLDOZER XJ MOMENTUM PRO
We refer to the above matter wherein we act for Twingear Research & Analysis
Technology Sdn Bhd of No. 8-1, Kota Cemerlang, Jalan KC 1, Ayer Keroh, 75450
We are instructed by our Clients that by virtue of the above Agreement dated 22nd
November 2010, our Clients had agreed to engage your services and you have agreed to
develop the desktop/web based application software under the development code name
of BULLDOZER XJ MOMENTUM PRO subject to the terms and conditions contained
We are also instructed by our Clients that the total contract sum is USD42,000.00
including the &acirc;€˜add-on&acirc;€™ work agreed after signing of the Agreement out of which
USD28,000.00 had been paid. Also, date line under the Agreement had been extended a
few times for you to complete the work and deliver the same to our Clients with the final
date line fell on 15th June 2011.
We are further informed by our Clients that on 15th June 2011, our Clients discovered
that your software produced is not of merchantable quality for it contains major technical
errors which cause considerable &acirc;€˜slow-down&acirc;€™ in its normal usage and that the errors could
not be rectified in time and you need to almost redo the backend portion.
Due to the aforesaid circumstances, our Clients have suffered loss and damage.
Therefore, we have our Clients&acirc;€™ instructions to demand from you which we hereby do the
Please note that in the event you shall fail to pay our Clients or to us as the solicitors the
aforesaid sum and return the said goods within ten (10) days from the date hereof, we have
our Clients&acirc;€™ strict instructions to proceed with legal action against you without further
reference under Malaysian jurisdiction as stipulated in clause 25.1 of the said Agreement
and in such event, you shall be liable for further costs and expenses incurred therein.
refund of the above said USD28,000.00;
the liquidated sum of USD8,400.00 calculated under clause 10.2 of the
above said Agreement;
return of the cash sum of Rupee 83,000 being the deposit paid earlier; and
return of the printer, Dell desktop left behind by our Clients in your office.
WONG NAI CHEE & CO.