Last updated: 1-January, 2017
“Material” is referred to as all goods/items excluding tools and machines required for execution of interior work.
“Site” – property of the customer where interior work is/will be delivered.
Wood work Models:
“Onsite Model” – All wood work done at site.
“Hybrid Model” – Part of wood work done at site and rest work such as door edge banding that requires heavy machinery which cannot be moved to the site is completed outside the site.
“Factory Model” – Preparation of wood work is done outside the site. Refers to laminate pressing and cutting work.
Other work such as false ceiling, electrical alterations, civil work shall be performed at site only. Glasses, designer frames and mirrors are prepared outside the site.
TERMS AND CONDITIONS
1. The “INTERIOR COMPANY” shall Executes the works for the CUSTOMER as per plans and specifications particularly described in the Schedule-A annexed hereto in the said property of the CUSTOMER, in consideration of the CUSTOMER paying the amounts mentioned in this agreement, basis requirement of the CUSTOMER.
2. Sales Tax/VAT & Service Tax shall be chargeable extra as per the provisions of the respective Acts from time to time.
3. However, the CUSTOMER shall be liable to pay in advance for any extra quality, additional area, modification, material or other furnishings that may be built, made or provided by the “INTERIOR COMPANY”, either on account of requirements of interior work or at the request of the CUSTOMER over and above or other than those specified under this agreement or as given the specifications in the Schedule – A hereto.
4. The “INTERIOR COMPANY” shall execute the interior works in the Schedule A according to the plans and designs suggested and finalized by the CUSTOMER and the specifications mentioned in Schedule ‘A’ hereto with such modifications, alterations, as may be required or deemed to be necessary by the “INTERIOR COMPANY” under the circumstances without substantially altering the dimensions of the said interior work.
5. The “INTERIOR COMPANY” shall execute the works in the property as per the specifications mentioned in Schedule-A and hand over possession thereof. Procurement of material in part or full will be the responsibility of the CUSTOMER. Estimate for the material is indicative and may vary time to time and with the point of sale. The CUSTOMER agrees to absorb variation in rates, if so, over the period of execution of interior work. In case the CUSTOMER is not in position to procure material for interior work, he/she agree to authorize the “INTERIOR COMPANY” to act as pure agent on behalf of the CUSTOMER for making all purchases as necessary.
6. The CUSTOMER shall abide by the plan and designs of the interior work agreed by both the parties, as being constructed by the “INTERIOR COMPANY”, in accordance with the specifications. The “INTERIOR COMPANY” shall have the absolute right to make such variations, changes, amendments, alter or modify the plans, designs elevations and specifications as may be considered fit, which changes would be notified to the CUSTOMER from time to time. The CUSTOMER shall not be entitled to engage him/her self or any other person or party to alter the interior work until possession of same is handed over by the INTERIOR COMPANY to the CUSTOMER and shall maintain the “INTERIOR COMPANY” name, logo and project name displayed at the project site at time this agreement is in effect without resorting to any changes.
7. The “INTERIOR COMPANY” shall complete the execution of the works in the Schedule-A property and hand over on or before date specified in schedule A with a grace period of 15 working days. In case the “INTERIOR COMPANY” fails to hand over the Schedule-A property within the agreed period including the grace period, the CUSTOMER/s is entitled for an interest free reimbursement @ Rs.3000 (three thousand) per month till handing over the possession of interior work, paid cumulatively at the time of handover and subject to completion of all milestone payments by the CUSTOMER. The “INTERIOR COMPANY” shall not be liable in any manner including the payment of the reimbursement, if the “INTERIOR COMPANY” is unable to execute the works and deliver possession of the site within the stipulated time for reasons beyond the control of the “INTERIOR COMPANY”, act of god like natural calamities, including reasons for non-availability of essential inputs, intervention of Government authorities and other persons and stay by the Court or Authority when the “INTERIOR COMPANY” is at no fault.
8. In event the CUSTOMER delays in paying the amount payable under this agreement or any part thereof, he shall pay interest at the rate of 18% per annum to the “INTERIOR COMPANY”, provided, however, that the CUSTOMER shall not under any circumstances, delay such payment beyond two weeks from the due date and if it is so delayed, the “INTERIOR COMPANY” shall be at liberty to terminate this agreement and recover further damages to the tune of 25% of the total consideration payable hereunder, in addition to the interest mentioned hereto above. The “INTERIOR COMPANY” shall also have lien/charge over the material delivered/prepared or in progress to the extent already provided and the same shall stand forfeited to the “INTERIOR COMPANY” towards liquidated damages and the “INTERIOR COMPANY” shall be at liberty to transfer or allot the same to any person without prejudice to the rights of the “INTERIOR COMPANY” to recover damages; and the CUSTOMER shall be bound to re-convey the title of all interior work to the “INTERIOR COMPANY” without any refund, penalty, interest or liability.
9. The CUSTOMER shall ensure unrestricted access to the property and for movement of material, tools, machinery, the INTERIOR COMPANY employee, contractors, sub-contractors, and provide easy access to property of interior work. The CUSTOMER shall also ensure availability of basic amenities like electricity, water, first aid, and rest rooms for people working at the property.
10. The CUSTOMER shall alone be responsible for payment of all taxes, charges, expenses, that may be payable with respect of the material and services including Sales Tax/VAT, Service Tax, Water, and Electricity charges either assessed/charged individually or collectively.
11. The “INTERIOR COMPANY” shall endeavor to its best efforts to provide services related to maintenance of interior work for 6 months from the date of completion of respective work(s) and that CUSTOMER understands that warranty on hardware is as provided by the manufacture only. Maintenance does not cover issues arising because of incorrect usage or accidental impact or alterations by any party other than “INTERIOR COMPANY” or non-maintenance of delivered interior work.
12. The “INTERIOR COMPANY” are not to be held responsible in the event of force majeure where, any existing rule or changes in rules, regulations, bye-laws of the society, various statutory bodies and authorities affecting the project, imposed on/applicable, undue delay in grant of any No Objection Certificate / permission / license / connection for installation of any services, such as electricity connections and water connections and availability of meters to the units/project or in obtaining a completion certificate from the appropriate authority or whatsoever reasons shall be construed as force majeure, after the date of this agreement.
13. The “INTERIOR COMPANY” shall not be liable in any manner if they are unable to complete and deliver interior work of the Schedule “A” property within the stipulated time for reasons beyond the control of the “INTERIOR COMPANY” including reasons for non-availability of property, intervention of bodies such as builder, security, Government authorities, and/or other persons and stay by the Court or Authority, act of God like natural calamities, political unrest of any sort affecting law and order effecting progress of work.
14. The CUSTOMER understands that all payments are non-refundable and interest free, even in case the CUSTOMER revokes or cancels this agreement at any time after commencement of interior work.
15. The CUSTOMER agree that under no circumstance including that of any disputes or misunderstanding, the CUSTOMER shall not seek or cause the stoppage or stay of interior work or related activity or cause any inconvenience or obstruction whatsoever.
Upon completion of execution of works in the Schedule “A”, the CUSTOMER shall perform review of work within 15 calendar days, post which the interior work by default be deemed satisfactory, and notify the “INTERIOR COMPANY” for any malfunctioning of material related to interior work or regarding any missed work from Schedule “A”.