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Translation of
Ripoti: kutanua shida sasa baada ya kusaini mkataby mpya
TO:
Builder: Daniel Lwitakubi (Masala General Supplies, P.O.Box 11899 Mwatiza, Bwiru).
Building a dhow, for TSh 13 000 000/=
Co-signer of� the contract of Januari 11, 2005,
Between him and Dr. hamminga Lambertus
Mwanza, October 15, 2005
Report: to solve some problems before we agree on a change of the contract.
We agreed to finish the dhow in three months. The delivery date would have been April 15, 2005, half a year ago. On Februari 12 the buyer paid TSh.3.000.000/= to buy 62 logs for the dhow (hull, floor and deck). On April 27, 2005 the logs still had not been delivered. Buyer came from Uganda to put pressure.
Picture: 62 mninga logs as they arrived at the saw mill on May 18 and 19, 2005
On May 18 and 19, 2005, 62 logs arrived at the saw mill. Daniel and witness Jeremia assured buyer this wood would suffice to finish the entire dhow, completely. Buyer paid TSh 4.000.000/= for "final payment of the wood" and "finishing of the hull". Daniel signed:
However, Daniel did not succeed in finishing the hull with that money. To help him, buyer paid another TSh 1.500.000/= to "finish the dhow", "painting" and "launching water". Daniel signed:
On September 9, 2005, Mnamo tarehe 30-9-2005, Daniel again told buyer he needed more money. to finish the hull. Then, the buyer asked him for a specified budget. In this budget Daniel claims:
�
1. He needs to buy 30 planks to finish the hull and 200 planks for floor and deck. That amounts to 23 logs.�However, earlier, Daniel signed for receipt of "final payment of the wood" (see above)
2. Daniel claims he needs TSh 2.000.000/= to finish the hull only. The remaining TSh 2.000.000/= will not be enough to finish the dhow.
Picture: the dhow September 30, 2005
At this
moment, the dhow is as on the picture above. Its value is well below TSh 7.000.000/=. Customer paid TSh 9.000.000/= already. If Daniel is out of money now, TSh 2.000.000/= is lost. Moreover, since we had 62 logs, assuming a
waste rate of 41%, which is very high, Daniel used 43 logs for the dhow (see
calculation of logs lost).
Since he is now budgeting to buy wood to finish the hull, floor and deck, the
remaining 19 logs are sold or used for other boats. It had taken us five months
to have this rare wood type delivered.
Daniel however maintains he has used 62 logs for the dhow. Also he claims he can
finish the dhow for TSh.13.000.000/= as in the contract.
Time table to finish the dhow now:
1. Hull, 18 days, finished for inspection by experts: November 5, 2005
2. Caulking: 7 days, finished November 14, 2005
3. Painting: 5 days, finished November 19, 2005
4. Floor: 4 days, finished November 24, 2005
5. Launching the dhow into the lake: 1 day, finished November 25, 2005
6. Decks, hatches: 6 days, finished December 2, 2005
7. Finish the dhow and preparing for inspection and testing: 8 days, done December 13, 2005
8. Inspection and testing: Decemba 14-17, 2005
9. Kumpokeza jahazi mnunuzi: 17 Desemba 2005
Customer wanted to help Daniel by paying him again an advance of TSh.2.000.000/=, but Daniel took the phone and threatened to sue the person who signed the contract on behalf of the customer.
The customer is a customer, not a bank. He paid for �final payment of the wood�, �finishing of the hull�, na �finishing the dhow. painting and launching water�. Daniel signed for it, he even signed: �launching water� therefore he clearly signed also for receipt of money for caulking and painting.
Attachments
I Daniel declare
1. Mr. Kees van Vianen w. is not the customer and had no legal responsibility for the contract
2. Al legal responsibility is the buyer's
3. The buyer has always clearly recognized this responsibility
4. The report above is true in every detail
Mwanza,
Daniel