TERMS AND CONDITIONS OF PAK HOMES MAINTENANCE SERVICES.

By engaging, or instructing, or using the services of PAK HOMES MAINTENANCE SERVICE, you accept that you have read and understood the following Terms & Conditions and consent to be bound by their content. These Terms & Conditions are also available at our head office.

1 Definitions

1.1 In these terms and conditions (which are referred to in this document as “these terms”),

“Customer” means the customer (commercial and/or residential) for whom the Works are to be carried out by PAK HOMES MAINTENANCE SERVICES. These can be Members or Non-Members. Pakhms.com means PAK HOMES MAINTENANCE SERVICES.

“Contract” means the agreement between the Customer and PAK HOMES MAINTENANCE SERVICES to carry out the Works of which these terms form a part and the Agreement.

“Works” means the works or jobs described in PAK HOMES MAINTENANCE SERVICES estimate or Quotation and/or as referred to in PAK HOMES MAINTENANCE SERVICES Work Detail Sheet or any other document or email issued by The PAK HOMES MAINTENANCE SERVICES, as may be varied by agreement in writing between the parties.

"PAK HOMES MAINTENANCE", "PAK HOMES MAINTENANCE SERVICES" or "Technician" shall mean the individual/s carrying out the service on site.

"Free Visits", means the number of times our technicians will visit the member client's property in any given month to conduct Maintenance & Repair Works. The number of Free Visits will vary according to the membership held by the client. Each Free Visit will be conducted by one technician. If two technicians are required, that will be considered as 2 visits. Similarly if three technicians are required that will be considered as 3 visits and so on. Additionally each visit per technician will be a maximum of 3 hours. If more than 3 hours are spent by any technician, it will be considered as a second visit and after each subsequent 3 hours are used, this will be considered as an additional visit and so on.
"Maintenance & Repair Works", "M & R Works", and "M & R Visits", shall refer to the works done by our technicians for our member clients. The scope of Maintenance and Repair works is described in section 4.2 below.

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For the purposes of these terms,

“in writing”, by email and any other document which is set out in a hand held device and any signature on a hand held screen shall be treated as in writing. In these terms words importing the masculine gender also include the neuter and the feminine gender and words importing the singular number include also the plural number, where the context so requires.

2 General

2.1 The Customer will be treated as a Member Customer or Non-Member Customer, according to PAK HOMES MAINTENANCE SERVICES reasonable discretion.

2.2 All estimates and Quotations given by The PAK HOMES MAINTENANCE SERVICES, all orders and instructions given by the Customer, and all work authorizations, are governed by these terms. They supersede any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the order or instructions or in any negotiations or in any course of dealing established between PAK HOMES MAINTENANCE SERVICES and the Customer, except where these terms are a schedule to a signed Agreement between the Customer and The PAK HOMES MAINTENANCE SERVICES, in which event these terms apply only to the extent not inconsistent with that Agreement.

2.3 The Customer acknowledges that PAK HOMES MAINTENANCE SERVICES has not made any representations (other than any expressly stated in the Contract and/or in PAK HOMES MAINTENANCE SERVICES estimate or Quotation), which have induced it to enter into the Contract, and the Contract shall constitute the entire understanding between the Customer and PAK HOMES MAINTENANCE SERVICES for the performance of the Works (and detailed in paragraph 4 below).

2.4 No modification to the Contract shall be effective unless made by an express written agreement or email exchange between the parties. The signing on behalf of PAK HOMES MAINTENANCE SERVICES of any documentation of the Customer shall not imply any modification of the contract.

2.5 Nothing in this Contract is intended to confer on any person any right to enforce any term which that person would not have.

3 Estimates & Quotations

3.1 Any estimate which may be given either verbally or in writing by PAK HOMES MAINTENANCE SERVICES is subject to withdrawal by PAK HOMES MAINTENANCE SERVICES at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within fourteen (14) days from its date.

3.2 Unless otherwise specified by PAK HOMES MAINTENANCE SERVICES in the relevant estimate, an estimate is not a firm or fixed price quotation. It is an estimate of the likely minimum cost of the Works, based on the information made available to PAK HOMES MAINTENANCE SERVICES PAK HOMES MAINTENANCE SERVICES final price will be calculated on the basis specified in the estimate, if any, or if none, in accordance with PAK HOMES MAINTENANCE SERVICES Schedule of Rates applicable at the time the Works are carried out and may be increased above (but not reduced below) the specified price. Furthermore, PAK HOMES MAINTENANCE SERVICES reserves the right to increase the price before carrying out the Works by an amount equivalent to any increase to PAK HOMES MAINTENANCE SERVICES in the cost of relevant materials, labour, equipment hire or transport since the date upon which PAK HOMES MAINTENANCE SERVICES estimate, written, emailed or oral, was given, save that if this would increase the estimated price by more than 10%, the Customer may cancel the Contract provided it does so before the Works are begun, any relevant materials are ordered or any relevant equipment is hired.

3.3 PAK HOMES MAINTENANCE SERVICES reserves the right to charge a fee for the collection of materials from its suppliers except with respect to work for which there is an estimate. If the collection occurs whilst PAK HOMES MAINTENANCE SERVICES is on site, the time taken will be treated as an addition to the Work and charged at the relevant rate. Materials will be supplied at cost plus PAK HOMES MAINTENANCE SERVICES normal mark-up to cover handling, stock maintenance etc.

3.5 Unless otherwise specified by PAK HOMES MAINTENANCE SERVICES where the Customer is provided with a fixed price Quotation by PAK HOMES MAINTENANCE SERVICES that fixed price shall be valid and open for acceptance within fourteen (14) days unless a longer time is specified on the face of the Quotation and, if not so accepted within the designated period shall be deemed withdrawn.

3.6 Before the commencement of work, PAK HOMES MAINTENANCE SERVICES reserves the right to require the Customer to pay an initial payment of 20% (or such greater sum if so required) against the full Quotation Value on all quoted Works above Rs. 10,000.

4 Works / Jobs

4.1 All descriptions, illustrations etc. contained in any catalogues, price lists or advertisements, or otherwise communicated to the Customer, are intended merely to present a general idea of the Works and nothing contained in any of them shall form a part of the Contract.

4.2 For membership holding clients only: The Company will be give a number of free visits each month (will vary according to the membership type) in which our technicians will carry out Maintenance & Repair Works. Parts and materials are not included under this. The Maintenance & Repair works cover the following ONLY:

Electrical - Checking and replacement of bulbs, circuit breakers, dimmers, door bells, fan capacitors, light plugs, light chokes & starters, pin plugs & tops, power plugs, push buttons, single pole breakers, and cable joint (phone, cctv, lan, tv etc) connections; We will further cover the inspection of wiring, UPS systems including checking of their water levels, terminal carbon build up, and check batteries & fuses; Repair of UPS and other appliances is not covered. New Electrical work related to construction & remodeling not included. Parts and materials not included.

Plumbing - Checking, repairing (only where possible and economical) and replacement of: Muslim showers, flush buttons / levers, pipe & tap leaks (small leaks only), sink spindles, and tank float balls. We will also clear air locks, drain clogs/blockages (small drains only) and cover water geyser maintenance. New Plumbing work related to construction & remodeling not included. Parts and materials not included.

HVAC - Checking and inspecting of air conditioner capacitors, compressors, fan motors, gas pressures, internal wiring and relays. We will cover replacement of capacitors, relays and evaporator fan motors. We will further service (clean) air conditioners under the Free Visits. Normal split, reversible and window air conditioners will be covered under this. For water-based radiators (heating) we will provide seasonal service that consists of water flushing in order to clear air locks and dirt, and burner cleaning to increase heating. Geysers will be covered under plumbing services. Welding, pipe leakages, replacement of compressors, and AC refrigerator/gas is not covered under Free Visits and will be charged on discounted rates. Commercial and industrial chillers and heating & cooling systems are not covered under this. New HVAC work related to construction, remodeling, & new installations not included. Parts and materials not included.

Generators - Checking and inspecting of Generators, their batteries, water levels, spark plugs, and wiring. We will also replace air filters and change oil. Only up to one 10KVA generator will be covered under this. Parts, oil, and filter change etc. not included. Mechanical and overhaul work excluded.

Non-Maintenance Work - Any work that does not fall under the scope of Maintenance & Repair will be considered as new or non-maintenance work. This will be charged at the prevailing rack rates minus the respective discounts (according to what membership the client holds).

5 Pricing

5.1 PAK HOMES MAINTENANCE SERVICES Schedule of Rates is available on www.thePAK HOMES MAINTENANCE SERVICEScom.pk and at PAK HOMES MAINTENANCE SERVICES premises during normal business hours. The Schedule of Rates specifies per job rates which are exclusive of the fixed charges and cost of parts. A fixed charge of Rs. 200 will be added to the total ordered amount as ‘Visiting Fee’ (for orders between 9AM to 6PM) and of Rs. 500 as ‘Late Night Visiting Fee’ (for orders between 8pm and 1AM). There fixed fees must be paid upon our Technician’s arrival and are not refundable.

5.2 The price payable by the Customer is calculated as specified above and shall be stated on the Invoice/Job Sheet or where no price is stated our current standard price for the services provided. The charge shall consist of the visiting fee, cost of materials supplied by the Company and the per job price (including reasonable time spent obtaining un-stocked parts and materials as stated in 3.3 above) charged in accordance with the Company’s current Schedule of Rates.

5.3 The Company offers different membership packages for Residential and Corporate Clients.

For Residential clients there are four packages namely: Basic (Rs. 600), Deluxe (Rs. 950), Premium (Rs. 2,000) and Elite (Rs 4,000).

Whereas for Corporate clients the packages are: Bronze (Rs. 10,000), Silver (Rs. 25,000), Gold (Rs. 50,000) and Platinum (Rs. 100,000).

These membership prices are billed monthly and may change from time to time. Parts are not included in these prices.

5.4 If the M & R (or Free Visits) have been exhausted, and for new & non-maintenance work, the client will be billed at discounted rates according to which membership they hold. The client may otherwise purchase additional Free Visits at an additional cost.

5.5 Unless otherwise stated, the price and all estimates and Quotations provided by PAK HOMES MAINTENANCE SERVICES are shown exclusive of any tax at the prevailing rate which will be payable in addition where properly chargeable.

6 Payment

6.1 One-off / Non-Member Customers: Payment by the Customer is due on the completion of the Order / Works. Payment must be made on such completion. Payment can be made by cash, or cheques.

6.2 Member Customers: PAK HOMES MAINTENANCE SERVICES will seek to submit invoices to Customers within 2 days of completion of the Works and subject to paragraph 8 below, payment must be made by the Customer within 5 days after the date of issue of the invoice. The monthly membership fees must be paid by the 10th of each month otherwise a surcharge of 0.5% per day (of the outstanding fee) will apply.

6.3 Where the Customer is represented by a third party (such as a managing agent, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless PAK HOMES MAINTENANCE SERVICES has agreed otherwise in writing.

6.4 PAK HOMES MAINTENANCE SERVICES shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works until payment has been made in full.

7 Dates

7.1 Dates specified for the commencement and completion of the Works are estimates only. PAK HOMES MAINTENANCE SERVICES shall use all reasonable endeavors to ensure that it will attend on the date and time agreed. However, it accepts no liability in respect of non-attendance or late attendance on site or for the late delivery of materials. Time shall not be of the essence of the Contract except as provided for in paragraph 16 below.

8 Inspection of Works / Jobs

8.1 The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon their completion (though failure to countersign the relevant Works Detail Sheet shall not imply rejection of the Works) and if it considers that the Works or any part thereof are not in accordance with the Contract, it shall immediately on the date of inspection give detailed notice in writing thereof. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect, which would be apparent on reasonable examination.

9 Indemnity

The Customer shall indemnify PAK HOMES MAINTENANCE SERVICES against all actions, suits, claims, demands, losses, charges, costs and expenses which PAK HOMES MAINTENANCE SERVICES may suffer or incur in connection with a claim by any third party resulting from a breach of the Customers obligations, undertakings, representations and warranties in connection with this Contract.

10 Whole Agreement and Exclusion of Liability

10.1 These terms set out PAK HOMES MAINTENANCE SERVICES entire liability in respect of the Works and PAK HOMES MAINTENANCE SERVICES liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the Works and the quality thereof.

11 Limitation of Liability and the Liability of PAK HOMES MAINTENANCE SERVICES. PAK HOMES MAINTENANCE SERVICES liability shall be limited to:

11.1 the repair or making good of any defect pursuant to its undertaking in paragraph 13 below and subject always to paragraph 8 above.

11.2 the reasonable costs of repair or reinstatement of any damage to the Customers property if such damage results from PAK HOMES MAINTENANCE SERVICES negligence or that of its employees, agents, franchisees, or sub- contractors and the Customer incurs such costs.

11.3 the Company shall not be responsible for the theft of or the loss of an expensive item/s from the client’s premises such as jewelry, mobile phones etc. Please remove all expensive items from the room/area where the work is to be done. Please further ensure all the work at your premises is being done under your (or someone nominated by you) supervision.

12 Access & Supervision at property

12.1 The Customer shall provide clear access to his/her property to enable PAK HOMES MAINTENANCE SERVICES to undertake the Works and will make all necessary arrangements with the proper persons or authorities for any traffic controls and signals or other permits or permissions required in connection with the carrying out of the Works. The Customer will at all times provide a safe working environment for PAK HOMES MAINTENANCE SERVICES and its employees, agents, franchisees and sub-contractors for the purposes of carrying out the works. The Customer will also ensure that he/she (or a nominated third person) are present to supervise PAK HOMES MAINTENANCE SERVICES/ technician at all times. Where applicable to drainage works, the Customer will provide, if possible a plan showing drain layouts. The Customer must obtain any permission for PAK HOMES MAINTENANCE SERVICES to proceed over property belonging to third parties. The Customer shall indemnify PAK HOMES MAINTENANCE SERVICES against all claims of whatsoever nature made by third parties arising out of the presence of PAK HOMES MAINTENANCE SERVICES its employees, agents, franchisees or sub-contractors on the Customer’s property save where such claim results directly from negligence on PAK HOMES MAINTENANCE SERVICES part. The Customers shall be liable to PAK HOMES MAINTENANCE SERVICES for all loss of damage whether direct, indirect or consequential which is suffered by PAK HOMES MAINTENANCE SERVICES as a result of failure or delay by the Customer in performing the obligations referred to above.

13 Defects & Satisfaction Guaranteed

13.1 Subject to paragraph 8 above and the exclusions listed below, PAK HOMES MAINTENANCE SERVICES undertakes to repair or make good any defect in completed work which appears within 48 hours of completion of the same to the extent that such defect arises from a breach of PAK HOMES MAINTENANCE SERVICES obligations under the Contract and provided that details of the defect are notified by the Customer to PAK HOMES MAINTENANCE SERVICES in writing with such period that PAK HOMES MAINTENANCE SERVICES and its insurers are given the opportunity of inspecting the work and the alleged defect. This undertaking shall only apply to work carried out and completed and invoiced by PAK HOMES MAINTENANCE SERVICES and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 6 above. If PAK HOMES MAINTENANCE SERVICES returns to the site at the Customers request to review a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach on the part of The PAK HOMES MAINTENANCE SERVICES, PAK HOMES MAINTENANCE SERVICES reserves the right not to carry out any work under this paragraph 13 where the Customer cannot evidence that the work originally carried out and completed by PAK HOMES MAINTENANCE SERVICES or where payment has not been made in full for such work. Exclusions are:
- Parts and materials will be provided only with the benefit of the manufacturer’s / supplier’s guarantee and are not guaranteed by PAK HOMES MAINTENANCE SERVICES
- Systems or structures not installed by PAK HOMES MAINTENANCE SERVICES
- Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to PAK HOMES MAINTENANCE SERVICES prior to the work having been undertaken
- Defects resulting from misuse, willful act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer (other than The PAK HOMES MAINTENANCE SERVICES)
- Structural defects encompassing but not limited to subsidence and its resultant effect
- Damage to drainage systems caused by root penetration or any other outside force
- Any work to repair an existing lock, or to fit any lock not supplied by PAK HOMES MAINTENANCE SERVICES
- Any work outsourced by PAK HOMES MAINTENANCE SERVICES to a third-party provider
- Satisfaction Guaranteed promise will only apply to those orders that are below the value of Rs. 5,000 and will be limited to removing defect/s only.
14 Customer’s Liability

14.1 The Customer shall be liable for:
- Any loss, damage or injury, whether direct or indirect or consequential, resulting from failure or delay in the performance of the Customer’s obligations under these terms
- Providing all necessary power and a clean water supply for PAK HOMES MAINTENANCE SERVICES use in the execution of the contracted works

- The safety of both plant and machinery belonging to or hired in by PAK HOMES MAINTENANCE SERVICES or its employees, agents, franchisees and sub-contractors and shall indemnify PAK HOMES MAINTENANCE SERVICES against it’s loss, theft or damage.

14.2 The Customer must let PAK HOMES MAINTENANCE SERVICES know of any dangerous gases, liquids or other materials or of anything which the Customer believes may present a hazard or danger to any person who is due to carry out the Works before such work is started.

14.3 The Customer must provide PAK HOMES MAINTENANCE SERVICES with all necessary details in respect of any relevant requirements specified by the Factory Inspectors or similar regulatory authorities.

15 Cancellations

15.1 If the Customer cancels the contract without PAK HOMES MAINTENANCE SERVICES consent other than pursuant to paragraph 3.2 above, the Customer shall indemnify PAK HOMES MAINTENANCE SERVICES against all loss, damage, claims or other actions arising out of such cancellation unless otherwise agreed in writing, and for the avoidance of doubt any such cancellation is without prejudice to PAK HOMES MAINTENANCE SERVICES right to payment in accordance with paragraph 6 above.

15.2 If the Customer wishes to cancel an appointment or PAK HOMES MAINTENANCE SERVICES is unable to gain access to the Customers premises to carry out the Works the Customer will be liable to pay a minimum amount equivalent to the Visiting Fee. This shall apply irrespective of the Works having been booked by the Customer or by someone acting on the Customers behalf e.g. tenant.

15.3 If the Customer cancels the Works to be undertaken pursuant to an estimate accepted by the Customer, subject to paragraph 3.2 above or pursuant to a Quotation subject to paragraph 3a above the Customer will be liable for a cancellation charge of 5% of the estimate price if the cancellation is made less than 14 days prior to the specified commencement date for the Works, 10% of the estimate price if the cancellation is made less than 7 days prior to the said specified commencement date and 20% of the estimate price if the cancellation is made less than 2 days prior to the said specified commencement date.

16 Force Majeure

16.1 PAK HOMES MAINTENANCE SERVICES will use all reasonable endeavors to carry out the Works on the agreed dates but shall not be under any liability to the Customer if it should be either impossible or impracticable to carry out the Works on the agreed dates or at all, by reason of strike, lock out, industrial dispute, protests, storms, terrorism, act of god or any other event or occurrence beyond PAK HOMES MAINTENANCE SERVICES control.

17 Cleaning & Removal of Waste Materials

17.1 Unless agreed in writing between the parties, the Customer will be responsible for the cleaning and removal from site of all waste materials resulting from the Works.

18 Waiver, Variation etc.

18.1 No waiver by PAK HOMES MAINTENANCE SERVICES of any breach by the Customer shall operate as a waiver of any preceding or subsequent breach by the Customer. No variation shall be effective against PAK HOMES MAINTENANCE SERVICES unless sanctioned in writing by PAK HOMES MAINTENANCE. No forbearance or delay on PAK HOMES MAINTENANCE SERVICES part shall prejudice PAK HOMES MAINTENANCE SERVICES rights and remedies under this contract.

19 Dispute Resolution

19.1 Any dispute or difference arising out of or in connection with this contract, or breach thereof, shall be determined by the appointment of a single arbitrator to be agreed amongst the parties. The place of arbitration shall be Islamabad, and the law of the Islamic Republic of Pakistan shall apply.

20 Miscellaneous

20.1 If any provision set out in these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions shall not be effected.

20.2 These Terms and Conditions shall be governed and construed in accordance with the laws of the Islamic Republic of Pakistan.