Terms of Service
1. Project Briefing / Discussion
1.1 During the project briefing, it is the client’s responsibility to provide clear guidelines with specific requirements.
1.2 At a later stage, should a discrepancy arise, it may lead to additional costs to accommodate the changes. Thus, you must clarify every aspect of your Construction and Interior project to ensure that we have quoted the exact requirements.
1.3 Once the proposal has been finalized, any additions, changes, or enhancements in the functionality or design of the project will affect the proposal and may incur additional costs and a revised delivery date.
1.4 All additional work, over and above the estimates is charged separately. Under no circumstances will Ashia Estates be liable for any delays caused by a change in the project brief.
1.5 Any complexity related to a specific deliverable must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture of their expectations.
1.6 Any discrepancy arising due to unclear requirements or expectations will not be borne by Ashia Estates.
1.7 All approvals and feedback should be provided to us in a timely manner. Any delays thereafter may delay the project and may incur additional charges if it goes beyond a reasonable time frame.
2.1 Floor Plan design : Once the floor plan design is approved by the client, this is usually done via email consent, the design is considered ready for implementation and the same is sent for structure designing and 3d elevation . Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rates.
2.2 Structure Designing : Once the Structure Designing is completed and working drawings are submitted by the Structural Engineer. Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rates.
2.3 3D Elevation : Once the 3D Elevation design is approved by the client, this is usually done via email consent. Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rates.
Additionally, if the construction has already begun and there needs to be alteration done to accommodate the changes. Then those alterations will be billed.
4. Inspection and Approvals
6. Building Permits and Power
7. Changes to Project Scope
7.1 Change Request : If the Client wants to change the Scope of Work after acceptance of this Agreement and commencement of the project, Client shall send Ashia Estates a written Change Order describing the requested changes in detail. Within 14 working hours of receiving a Change Order, Ashia Estates will respond with a statement proposing time scale, additional fees, changes to delivery dates, and any modification to the Terms and Conditions. Ashia Estates will evaluate each Change Order at its standard rate and charges.
7.2 Minor Change : If Client requests minor Change and the same can be delivered with reasonable manpower and material Ashia Estates will deliver the same at no cost to the Owners.
7.3 Major Change : If Client requests are not Major Changes, the Client will be billed on time and materials. Such charges shall be in addition to all other amounts payable under the Construction Agreement, despite any maximum budget, contract price or final price identified. Ashia Estates may extend or modify any delivery schedule or deadlines in the Agreement as may be required by such changes.
7.4 Acceptance/Rejection : The client will have 14 days to respond in writing accepting or rejecting the new proposal. If the Client rejects the proposal, Ashia Estates will not be obligated to perform any services beyond those in the original Agreement.
8. Owners’ Obligations.
Owners agree that the supervision of the work performed under this Agreement is under the exclusive direction of the Builder, and Builder shall have control over construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the work. Owners shall not interfere with the work, nor cause additional work to be carried on without the written consent of the Builder. All of the work shall be done by the Builder or subcontractors in direct contract with the Builder.
Owners shall have the right to inspect the progress of the work and materials used for the construction and shall be entitled to point out to Builder any defects, quality of workmanship, or materials used when such defective work is in progress or being executed or such material is brought on site or found upon completion. If objection raised by Owners is valid, Builder shall rectify the same at its own cost.
a) The Builder hereby agrees and undertakes to rectify all such defects as may be found or detected during 12 months from the date of project completion. Builder agrees to fix all defects within 15 days from the date of reporting at no cost to the owner. All defects due to faulty workmanship and/or materials may appear within one (1) year from the date of completion and acceptance of the work by Owners.
b) THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY PROVIDED BY Builder. IMPLIED WARRANTIES, INCLUDING (BUT NOT LIMITED TO) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, AND GOOD WORKMANSHIP ARE DISCLAIMED AND LIMITED TO THIS WARRANTY.
c) Material/ Product warranties if higher shall be provided to the Owner.
12. Acceptance, Final Payment, and Occupancy.
Upon receipt of written notice that the work is ready for final inspection and acceptance, Owners will promptly inspect the work and pay (or cause to be paid) the balance due under the contract less an amount equal to the cost to complete any missing or unfinished punch list items.
Occupancy will be granted to Owners when construction is substantially completed, and Builder receives payment of the final draw (including payment for all change orders and overages of allowances), less any money held for incomplete items.
13.1 Ashia Estates Delays: Ashia Estates shall use all reasonable efforts to meet the Work Plan and Milestones delivery schedule. Ashia Estates may extend the due date for any Deliverables by giving written notice to the Client. The total of all extensions shall not exceed 21 working days.
The client must recognize that at times there may be unforeseen circumstances that will delay the project, particularly about weather conditions, Shortage of material supply, Lockdowns/restrictions imposed by the Govt in the movement of man/material to prevent the spread of pandemic covid 19 and Any delay caused due to breaking of rock for foundation work and Act of God shall be added to the specified time of completion and Builder shall not be liable for such delay.
13.2 Client Delays: The client shall use all reasonable efforts to provide needed inputs, Approvals, and payments on time. Any delay by the Client will result in a day-for-day extension of the due date for all Deliverables.
15. Payment Terms
16. Recurring Payments
17. Owner Indemnity
19. Relationship of the Parties
19.1 Independent Contractor: Ashia Estates is an independent contractor. Ashia Estates shall determine, in its sole discretion, the manner and means by which the Services are accomplished.
19.2 No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in the Construction Agreement.
If Builder fails to supply proper materials and skilled workers; make payments for materials, labour, and subcontractors per their respective agreements; disregards ordinances, regulations, or orders of a public authority; or fails to materially comply with the provisions of the contract, Owners may give Builder written notice to terminate. After seven (7) days if Builder has failed to remedy the breach of contract, Owners can give a second notice to terminate. If Builder still fails to cure the breach within three (3) days after the second notice, Owners may terminate the contract.
Should any dispute arise relative to the performance of this contract that the parties cannot satisfactorily resolve, then the parties agree that the dispute shall be subject to the jurisdiction of the courts in Bangalore.
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Where possible the invalid or unenforceable provision shall be interpreted in such manner as to be effective and valid under applicable law.