TERMS AND CONDITIONS
1. GENERAL: An order placed with the COMPANY incorporates these Terms and Conditions.
2. ACCEPTANCE OF TERMS: These Terms and Conditions ("Terms") govern your use of the services provided by [FIVI POWER FRAMES] ("Company," "we," "us," or "our"). By accessing or using our services, you let us know that you have read, understood and agreed to be bound by these terms. If you do not agreed with these Terms, please do not use our services.
3. QUOTATIONS: A quotation is not an obligation to sell. Still, it is an invitation to submit an order and no contractual relationship arises there until an order has been accepted by the Company.
This project estimate is an approximation based on information and requirements provided by the client or customer and is not guaranteed. Actual costs and terms may change once all project elements are discussed, negotiated, and finalized. Prior to any change in costs or service-related process, the client or customer will be informed. This estimate is valid for as per the mentioned days.
3.1 Regulations are given below.
Validity – 10 Days from the date of quote. Once it's expired need to requote.
Delivery – Mentioned in the quotation or based on the materials availability.
Freight – Extra charges (If you need material only).
Warranty – As per product manufacturer policy.
Spare – Extra charges (if required).
Payment – 50% as advance and balance 50% on delivery time.
Service payment - After work completion, cash or cheque needs to be provided by customers, on min 50% of invoice value.
4. SERVICES: Fivi Power Frames offers a range of services, as described on our website or as outlined in specific agreements or quotations. The scope, duration, and specifics of these service will be mutually agreed upon in writing between the Company and the client or customer.
Upon acceptance, our company will perform the services described in the estimate. Any additional services requested by the client or customer that are not discussed will not be covered in the estimate and will incur additional charges to complete those services.
5. SCHEDULE: The services will be completed, and delivery of products will be made according to the estimated schedule. Both parties, in writing, will approve the schedule.
If an unexpected delay happens, will be notified to the client or customer by written.
6. CHANGES: Changes to the delivery and performance of any products or services, including quantity, specifications, and scheduling, will not become binding until approved in written by both parties. Any changes may result in additional or increased charges.
7. SALES & PRICING & TERMS OF PAYMENT: In case of any increase in the cost of spare parts due to reasons other than our company, the amount will be charged to the customer.
Fees for our services will be detailed in the service agreement. (Client or customer agrees to pay the fees as agreed upon in a timely manner). If failed to make timely payments it may result in the suspension or termination of the services.
The price for services to be provided will be set forth in a statement of work (SOW). Service Provider may, (after the initial term of a SOW), increase charges for Services by giving the Client or Customer thirty (30) days in written notice. Notwithstanding the foregoing, Service Provider reserves the right to change the price of Services at any time and in its sole reasonable discretion where factors (i) involve Client or customer systems or operating environments or lack thereof, or (ii) outside of the Service Provider’s reasonable control in increase the cost to Service Provider.
All terms are net 30 days unless otherwise specified in a SOW, contingent upon the Client or customer qualifying for credit with the Service Provider. If the Client or customer not qualify for sufficient credit with the Service Provider, payment must be made via other acceptable forms such as credit card or prepayment. Failure to pay within specified terms may (at the option of the Service Provider) result in the suspension of the contract, imposition of interest charges at the rate of 18% per month or the highest allowed by law, whichever is lower, and may result in the termination of the contract by Service Provider upon written notice.
The SOW shall specify whether the contract is based on a fixed price or hourly rate. All reasonable travel, lodging, car rentals, and meal expenses will be billed to the Client or customer unless otherwise specified in SOW.
Any sales and use of taxes shall be added to the invoice. In the event, the Client or customer claims exemption from sales and use of taxes, the Client or customer must provide the Service Provider with the appropriate tax exemption certificate from the taxing authority.
8. LATE CHARGES & INTEREST: Any invoices unpaid on or before the due date, it will begin to accrue interest until the invoice is paid at the lesser of twelve (12%) per cent per annum or the highest lawful rate.
The company only will decide the further action or amendments.
9. CLIENT OR CUSTOMER OBLIGATIONS & RESPONSIBILITIES: The client or customer engaging our services agrees to provide accurate and complete information necessary for the provision of services. The client or customer is responsible for complying with any requirements and obligations outlined in the service agreement.
9.1. Client or customer, at its expense, shall: Allow employees or agents of the Service Provider reasonable access to the premises and facilities where the Service is to be provided, and Client or customer shall not require the Service Provider’s personnel to sign any document that has not been approved in advance by the Service Provider.
Provide appropriate electric current for any necessary purpose with suitable outlets.
Provide safe, suitable, and easily accessible floor space, adjacent to where Service will be provided.
Provide suitable environmental conditions for installation as it is specified in a SOW.
Provide reasonable assistance to the Service Provider as requested.
Use the Services only on or with equipment recommended by the Client or customer, or the applicable manufacturers.
Upon the failure of Client or customer to comply with the responsibilities set forth in this Section ("Non-compliance"), Service Provider may, at its option, refuse to perform any Service where Non-compliance has occurred until such Non-compliance has been cured to the reasonable satisfaction of Service Provider without any liability or obligation under this Agreement, a SOW or any applicable law, and Service Provider may charge Client or customer at its then current labour rates for any Service call at which no Service was performed by Service Provider as a result of non-compliance.
10. CONFIDENTIALITY: Both parties agree to maintain the confidentiality of any sensitive information shared during the course of the engagement. This includes trade secrets, proprietary information, and any other confidential data.
11. LIMITATION OF LIABILITY: The Company shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of our services. Client or customer agrees that the Company's liability shall be limited to the fees paid for the services.
12. TERMINATION: Either party may terminate the engagement in accordance with the terms outlined in the service agreement. Upon termination, the client or customer should pay the outstanding fees for services rendered within 5 days.
13. AMENDMENTS: The Company reserves the right to amend or modify these Terms at any time. Changes will be effective upon posting on our website. Continued use of our services after such changes constitutes acceptance of the modified Terms.
14. COMPLETION OF SERVICES: Completion of Services shall be documented on a form provided by the Service Provider which the Client or customer shall execute and return promptly. Services shall be deemed complete if Client or customer fails to return the acceptance form or advise Service Provider of incomplete Services, within 7 days of the completion of Services by Service Provider. For products that do not require installation or Services an acceptance of services delivered form is not required. All products will come under the manufacturer's policy alone.
If provided for in the SOW, an acceptance plan may be co-developed by the Service Provider and Client or customer and used to determine the successful completion of the deliverables and final acceptance.
15. ENTIRE AGREEMENT: This contract is structured to form a relationship between the company and the customer. And no agreement or understanding already entered into shall alter the substance of this Agreement.
By engaging our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you have any questions or concerns, please contact us.