TERMS & CONDITIONS

1. Introduction

These terms and conditions ("Terms") apply to all services provided by Eupat Design and Construction Ltd ("Company", "we", "us", "our"). By engaging our services, you ("Client", "you", "your") agree to comply with and be bound by these Terms.

2. Scope of Services

Eupat Design and Construction Ltd offers services including but not limited to civil and structural design, general contracting, project management, interior design, and construction of residential, commercial, industrial, and institutional developments.

3. Quotations and Contracts

3.1. All quotations provided by the Company are valid for 30 days from the date of issuance unless otherwise stated. 3.2. A contract is deemed to be formed when the Client accepts our quotation in writing and/or when a written agreement is signed by both parties.

4. Payment Terms

4.1. Payment schedules will be outlined in the contract and may include deposits, progress payments, and final payments. 4.2. Invoices are payable within 30 days of the invoice date unless otherwise agreed in writing. 4.3. Late payments may incur interest at a rate of 2% per month.

5. Changes and Modifications

5.1. Any changes or modifications to the project scope must be agreed upon in writing by both parties. 5.2. Changes may affect the project timeline and cost, and any additional costs will be borne by the Client.

6. Client Responsibilities

6.1. The Client agrees to provide all necessary information, approvals, and access to the site to facilitate the timely completion of the project. 6.2. The Client is responsible for obtaining any required permits and approvals unless otherwise specified in the contract.

7. Company Responsibilities

7.1. The Company will perform all services with reasonable skill and care, in accordance with industry standards and practices. 7.2. The Company will endeavor to complete the project within the agreed timeline, subject to any changes or unforeseen circumstances.

8. Warranties and Guarantees

8.1. The Company warrants that all work will be free from defects in materials and workmanship for a period of 12 months from the date of completion. 8.2. Any defects arising within this period will be rectified by the Company at no additional cost to the Client, provided they are promptly reported in writing.

9. Limitation of Liability

9.1. The Company’s liability for any claim arising out of or in connection with the services provided shall not exceed the total amount paid by the Client under the contract. 9.2. The Company shall not be liable for any indirect, incidental, or consequential damages, including loss of profit or business interruption.

10. Termination

10.1. Either party may terminate the contract by providing 30 days' written notice. 10.2. In the event of termination, the Client will be responsible for payment of all work completed up to the termination date.

11. Force Majeure

The Company shall not be liable for any delays or failure to perform any part of the contract due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, strikes, lockouts, war, or other events of force majeure.

12. Dispute Resolution

12.1. Any disputes arising out of or in connection with the contract shall be resolved amicably between the parties. 12.2. If a resolution cannot be reached, the dispute shall be referred to mediation or arbitration in accordance with the laws of Kenya.

13. Governing Law

These Terms and any contract formed under them shall be governed by and construed in accordance with the laws of Kenya.

14. Miscellaneous

14.1. These Terms constitute the entire agreement between the parties and supersede any prior agreements or understandings. 14.2. Any amendments to these Terms must be made in writing and signed by both parties. 14.3. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.