ASTHHA PRIME Infra Private Limited

Terms and Condition between Company and Buyer / Contractor / Vendor / Supplier-

Please read these terms and conditions carefully before using our service

A construction contract is an agreement between a company and a Contractor / Vendor / Suppler that specifies the details of a construction project.

These terms and conditions apply to contracts for Contractor / Vendor / Suppler and workers issued by Company. Any variation to the terms and conditions stipulated by Contractor / Vendor / Supplier will not be recognized. Even if the goods, work or services have been supplied and accepted by Company without reservation, Company will not recognize other terms and conditions stipulated by Contractor / Vendor / Suppler.

TERMS AND CONDITIONS OF BIDS

Authorized signatures shall be subscribed at the appropriate places of the tender documents; if authorized signatures are not subscribed or if certain tender documents contain no or no authorized signatures, the bidder shall be bound by its bid as long as the project offer letter is signed by a representative of the bidder. The text of the Specifications may not be changed and any such change shall be deemed not made. If the bidder desires to offer a service other than the tendered service, it shall do so by virtue of a separate alternative bid. In case of any variation between the original Specifications and the computer print-out, the original Specifications shall prevail.
Contractor / Vendor / Supplier is required to appoint in writing a site manager for the whole construction period until the time of acceptance. No change of such appointment is permissible without notification of and consent by Company.
Contractor / Vendor / Supplier is required to inspect the site at an early stage when tendering or negotiating the contract. Any obstructions and difficulties must be clarified and priced when tendering or during the contract negotiations. If this is not done, any obstacles and difficulties that would have been identifiable on careful inspection to ensure proper performance are covered by the agreed prices.
Furthermore Contractor / Vendor / Supplier has the following duties, which are covered by the agreed prices:

Provision of the site facilities for the entire scope of services provided by Contractor / Vendor / Supplier;
Supply of electricity, water and sewage services to the construction segment during the construction period and until acceptance, including any connection charges incurred, if not otherwise agreed;

Assuming responsibility for traffic safety for the contracted work, as well as compliance with the accident-prevention measures stipulated by the employers’ liability insurance association as well as the HSE guidelines issued by Company;

Protection of the work already performed against damage and theft until acceptance; in particular protection against weather damages and ground water,
Locating and protecting existing pipelines and cables, both underground and in structural units;
Obtaining the necessary acceptance from local authorities, including all own costs and charges incurred as a result, if not otherwise agreed:

Carrying out the surveying work required during the construction period, including any costs and charges incurred as a result;
Preparing all as-completed documents and revision plans as well as submission of the operating documents, operating instructions and maintenance instructions, if not agreed otherwise before acceptance of the works;

provision and maintenance of all necessary access routes to the construction segment and affixing a construction sign in consultation with Company, if not agreed otherwise;

This contract; disposal of such waste; and securing of paths and roads,
Cleaning, maintenance taking part in all construction meetings that relate to this contract,
Checking documents provided by Company, and any future documents provided by Company, to ensure that they are complete and technically suitable; Contractor / Vendor / Supplier is required to check all information provided; if Contractor / Vendor / Supplier believes that a discrepancy has arisen, it is required to point this out to Company without delay and in writing.
Observing the accepted engineering standards and codes of practice. In so far as specific characteristics are stipulated by the written or unwritten rules of construction practice, such characteristics are deemed to be contractually agreed. If there are several technically feasible performance options, the one offering better quality must be chosen.
Preservation of evidence concerning adjacent development.

The Contractor shall be responsible for furnishing the construction of the Project. The Owner and Contractor shall develop a construction phase schedule and the Owner shall be responsible for prompt decisions and approvals so as to maintain the approved schedule.
he Contractor shall take necessary precautions for the safety of his employees on the Work, and shall comply with all applicable provisions of federal, state and municipal safety laws to prevent accidents or injury to person on, about or adjacent to the Project site. He shall erect and properly maintain, at all times, as required by the conditions and progress of Work, necessary safeguards for the protection of workmen and the public. It is understood and agreed, however, that the Contractor shall have no responsibility for the elimination or abatement of safety hazards created or otherwise resulting from Work at the job site carried on by other persons or firms directly employed by the Owner as separate contractors or by the Owner’s tenants, and the Owner agrees to cause any such separate contractors and tenants to abide by and fully adhere to all applicable provisions of federal, state and municipal safety laws and regulations and to comply with all reasonable requests and directions of the Contractor for the elimination or abatement of any such safety hazards at the job site.

Audit: Owner shall have the right to conduct an independent audit of Contractor’s / Vendor’s / Supplier’s records, books and all other cost documentation at any time during or after the Project. Contractor shall allow reasonable access to Contractor’s / Vendor’s / Supplier’s offices and other sites where the documentation is kept, and Contractor shall cooperate fully in the audit. Contractor understands and agrees that the audit may require more than one visit to Contractor’s offices or other sites. Owner and its audit representatives will endeavor to minimize interference to Contractor’s operations while the audit is being conducted.

Modification; Entire Agreement. No oral communication, promise, understanding, or agreement before, contemporaneous with or after the execution of this Agreement shall affect or modify any of its terms or obligations. This Agreement shall be conclusively considered to contain and express all the terms and conditions agreed upon by the parties, notwithstanding any prior or contemporaneous written communication, promise, understanding or agreement. This Agreement shall be modified only by a subsequent writing signed by both parties.

MODE OF PAYMENT

There should not be any conflict in the mode of payment. The payment mode can be through cash, cheque, or electronic fund transfer as per the mutual agreement. The law of the land should be honored so that there will not be any issues. You can clear the payment at the end of the month. If you are unable to pay large bills at once, you can negotiate with the company so that the bill payment will take place in installments. Hence, there should be clarity on the frequency of payments and the volume of payments.

Payment terms usually there will be a weekly or monthly invoice for the work done in the week/month and there may be an advance payment to cover cost of ordering materials etc. The payment mode can be through cash, cheque, or electronic fund transfer as per the mutual agreement.

PAYMENT OF TOTAL PRICE PRIOR TO POSSESSION:

The Allottee agrees and covenants not to claim any right or possession over and in respect of the said Apartment till such time the Allottee has paid the entirety of the Total Price and all other amounts agreed to be paid or deposited under this Agreement and has duly complied with and/or performed all the covenants, undertakings and obligations required to be complied with and/or performed on the part of the Allottee in pursuance of this Agreement or otherwise required by law, all of which shall be conditions precedent without which the Developer shall not be under any obligation to handover possession of the said Apartment.

FOR BUYERS-

Buying an under-construction property in Kolkata can tempt many buyers. It offers the opportunity to own a brand-new property, customized to their liking, at a more competitive price than a completed one. These Terms and Conditions of Contracts shall form the basis for all agreements on construction services or services in connection with construction measures or services in connection with technical facility management in the broadest sense of the term. Even if individual terms may not be directly applicable to certain legal relationships, the parties’ rights and obligations shall be governed by the commercial and/or analogous content of these individual terms.

The plots will be offered to buyers on the first come first served basis.

ASTHHA PRIME Infra Private Limited shall offer plots of various sizes in the project, for sale.

All Indian citizens and Non-resident Indian living abroad are eligible to apply for booking plot(s).

All applications for booking shall be submitted on the prescribed form / online duly filled in and signed by the applicant along with cash / online payment/demand draft drawn in the name of ASTHHA PRIME Infra Private Limited.
At the time of booking plot(s) the purchaser(s) has to pay a minimum amount of Rs. 40%- (adjustable with the down payment amount) and within next 15 days he / she have to pay the total down payment amount. The company reserves the right to cancel the plot(s) if no payment is made during this period.
All the buyer(s) should pay according to payment Schedule. For payment delayed three consecutive months or non-payment an interest will charged at the prevailing bank rates. For more than three months non-payment, plot will be considered as cancelled.
In case of payment cheque dishonor customers are liable to pay extra Rs. 500/- as compensation to the company.
In case of cancellation of the booking / allotment of the plot, the amount shall be refunded after deduction of 30% of the total deposited money as service charges and will be done through account payee cheque.
Change of plot can be done subject to availability of plot(s). If any change of plot is made after an agreement of sale, than Rs. 10.00/- sq.ft. Will be charged.
ASTHHA PRIME Infra Private Limited contemplates to give possession of plot of the buyer(s) within targeted period of 24 months. However, ASTHHA PRIME Infra Private Limited cannot be held responsible for slippage of the time, due of Force Majeure and other situations beyond its control. Force majeure and such other situations, inter alia, include delay on the part of authorities in providing encumbrance free worksite and vehicle worthy access road,; availability or delayed availability of construction water and power from the concerned authority, non availability or irregular availability of construction materials, non availability of water supply of sewerage disposal connection or electric power from concerned authorities, slow down or strike by irregular or non-availability of skilled or unskilled labor; delay in providing other essential service / or such other reason beyond the control of Speed Land. For delay other than these, company will repay the customer at the prevailing bank rates.
The plot shall be executed and registered in favour of the buyers subject to clearance of the entire consideration along with all other dues, charges and deposits, etc. receivable by ASTHHA PRIME Infra Private Limited. The Deed of Conveyance will be drafted by ASTHHA PRIME Infra Private Limited in such form and containing such particulars as may be required. Each purchaser(s) will be required to pay extra for documentation and administrative charges to company and for preparing the Deed of Conveyance.
The company reserves the rights to addition and alteration in the layout of the plan of the project without changing the existing plots for the benefit of the project and the purchaser(s) will / shall have no objection in this regard at any stage.
The purchasers will / shall have to sign documents if necessary in connection with the development of drainage, electric, water supply etc.
In case of death of the intending purchaser(s), the heirs, and legal representatives of such deceased shall be allotted in such plot(s), after verification of documents presented to the Company in relation to the deceased purchasers.
The purchasers as well as company will / shall remain bound to abide by the rules, regulations terms and conditions of the company.
The company reserves the right to charge any terms and conditions during a business year without affecting the present terms and conditions.
If the client cancels his or her booking after paying the token money or up to 40% advance money, then we will issue a back date cheque for 15 days
If the client cancels his or her booking after paying the 40% or above advance money, then we will issue a back-date cheque for 90 days
Customer may be able to customize the property to their liking. This can include selecting finishes, such as flooring and countertops, and making other design choices. When you buy a completed property, you may have such control over these details.

That the purchaser/second party hereby covenant to keep the flat, its walls, portion walls, sewers, drains, pipes and appurtenants thereto in good and tenantable repairs and conditions and the particular the various supports, shelters etc.

That the purchaser shall not let, sub- let, sell transfer, convey, mortgage, charge or in any way encumber or dispose of this flat nor assign, under let or part with the interest under or the benefit of this agreement or any part thereof unless and until all the dues of whatsoever nature payable under this agreement is fully paid and satisfied and all terms and conditions herein is complied with. The purchaser/second party however, may mortgage / charge the said flat to any financial institution Central – Govt. / Govt. undertaking / autonomous society for raising finance / loan for the purpose of payment to the First Party.

All other costs, expenditure, charges etc. payable by the purchaser /second party for the purpose mentioned under this clause shall be paid by the purchaser / second party as mentioned hereunder in schedule “D”.
That the purchaser / second party shall not at any time demolish or cause to be demolish or cost to be demolished the said flat or any part thereof nor shall make or cause to be made any structural change to the said flat or any part thereof.
That the purchaser / second party shall not through dirt, rubbish, or other refuses or permit the same to the thrown in the compound or any other open portions space etc., of the building and its part except at the lace specifically provided for the said purpose in the said building.
That all letters, receipts notices, intimations etc, issued by the Vendor/First Party and dispatched by registered post with A/D to the purchaser / second party on the address giving in this agreement will be sufficient proof of the receipt of the same by the purchaser / second party and shall effectually discharge the burden of the first party.
That all costs charges and expenses in connection with the preparations, engrossing the, stamp duty registration, charges and all other expenses that may be require in respect of transfer, or conveyed or any other documents to be executed by the developer, owner and the purchaser shall be born and paid for by the purchaser / second party.
That after the possession of the flat has been handed over to the purchaser, if any additions or alterations in or about or relating to the said building or thereafter is required to be carried out by the government, municipal corporation, improvement trust or any statutory authority and same shall be carried out by the purchasers in co-operation with the purchasers of the other flats in the said building at their own costs and the third party shall not be in any manner liable or responsible for the same.
That upon delivery of possession of the flat to the purchaser / second party, the purchaser will be entitled to use and occupy thereof, and thereafter the purchasers/ first party shall have no claim against the vendor as to any defect in any item of work of construction of the said premises, such defect if any should be brought to the notice of the first party for rectification before taken possession.
That the purchaser / second party hereby covenant not to interfere with or hinder or obstruct in any manner whatsoever about the construction of the building or any part thereof, the vendor also not do anything whereby the first party is in way affected or prejudiced.
That the purchaser / second party hereby covenants that he will not interfere in connection with the use and enjoyments of the premises and common part of the said building by other flat owners.
That the purchaser / second party will not claim any partition or sub division of the land or common parts of the building and shall not make any partition of the flat etc, in smaller size by mates and bound or otherwise.
That the purchaser / second party will not display or affix any neon-sign or sign board or any wall of the building for the terrace or the common parts of the building only the name plate / board shall be affixed by the purchaser/ second party.
In case the purchaser committing default in payments of amounts payable by him under this agreement or on failure on his part to observe and perform the terms and conditions, the vendor/third party shall give a clear 15 days notice to intimate the purchaser to pay the amount payable by him. and if the purchaser again committing default in payment of amounts payable by him under this agreement or on failure on his part as per this agreement the vendor have right to terminate this agreement after giving again clear 15 days notice to the purchaser and return the paid up money to the Purchasers within One week from the date of cancellation of this agreement.

OTHER TERMS AND CONDITIONS:

The parties have agreed that notwithstanding anything to the contrary contained in this Agreement hereinbefore, the Agreement shall be subject to the following other respective terms conditions and covenants on the parts of the Developer and Allottee to be respectively paid observed and performed, as the case may be (it being clarified that in the event of any inconsistency or contradictions in the clauses abovementioned and those contained hereinafter, the provisions of the sub-clauses in clause 37 hereinafter contained shall prevail).
The second common stair cases lying just behind the building usually and generally allocated exclusively for flat owners of the said building but in an exceptional circumstances such as earthquake, fire etc. the said stair case to be allowed to use as emergency exit for the persons as commercial occupation in the first of the said building.
The developer have every right to sell the car parking space/garage to the non flat owners with the interest in the soil impartible, proportionate to the areas with the flat owners and the developer will arrange separate amenities like water, toilet, bathroom for the parking owners having no flat or commercial spaces in the said complex. And moreover, the developer reserved his right to specify a space for setting up generators exclusively for the purpose of commercial use of the first floor of the said building and the flat owners/flat owners association along with other shop keepers in the said complex will not create any right or interest over the said specified space and not to be opposed in any manner whatsoever, to run or setting up the generators in the said specified space although, it is not specified in the sanctioned building plan but in future the developer will take all measures to accord permission from the authority.
To increase elevation of the building or to change the shape of the demise area without changing the structural design of the said building all the purchases and all the developers can reconstruct with the prior permission and scrutiny of the developer, Individual objection is to be unattainable and unacceptable.

THE SCHEDULE-“D” ABOVE REFERRED TO :

(Cost, expenses of maintenance and outgoings and obligations for which all flat owners are to contribute proportionately)

Maintenance :- All cost of maintaining, operating, replacing, repairing, whitewashing, painting, decorating, redecorating, rebuilding, reconstruction, lighting and renovating the common portions including the exterior or interior (but not inside any unit) walls of the new building.
Maintenance of Staff :- The salaries of and all other expenses of the staff to be employed for the common purpose, including caretaker/ durwans, sweepers, plumber, electricians etc. and their perquisites, bonus and other emoluments and benefits.
Association: – Establishment and all other expenses of the Association include the formation, office and miscellaneous expenses.
Common utilities: – All charges and deposits for suppliers of common utilities to the co-owners in common.
Electricity: – electricity charges for the electrical energy consumed for the operation of common portions.
Litigation: all litigation expenses incurred for the common purposes and relating to common use and enjoyment of the common portions.

RATES AND TAXES: – Municipal Taxes, multistoried building tax, water tax and other levies in respect of the premises and the new building save those separately assessed on co-owners.

NO USE BY MINORS

Service Is Intended Only For Access and Use by Individuals At Least Eighteen (18) Years Old. By Accessing Or Using Service, You Warrant And Represent That You Are At Least Eighteen (18) Years Of Age And With The Full Authority, Right, And Capacity To Enter Into This Agreement And Abide By All Of The Terms And Conditions Of The Terms. If You Are Not At Least Eighteen (18) Years Old, You Are Prohibited From Both The Access And Usage Of The Service.

EXTRAS & DEPOSITS:

Extras: In addition to the Total Price, the Allottee shall also pay to the Developer, as and when demanded by the Developer (time being the essence of the contract), by negotiable instruments payable at Kolkata favouring the Developer, the following amounts (collectively Extras) towards:

Proportionately: Proportionate share towards providing the special amenities / facilities in the Common Portions (save and except those described in the Schedule below) and improved specifications of construction of the Said Apartment and/or the Said Complex over and above the specifications described in the Schedule below (Specifications).
Wholly: Wholly the costs, expenses and charges towards:
Taxes: Works Contract Tax, Sales Tax, Goods and Service Tax, or any other statutory tax, duty, cess, levy or charge, betterment fee, development charges and any other imposition levied by the State Government, Central Government or any other authority or body on the Owner and/or the Developer or any of them, from time to time, proportionately, if levied as a whole on the Said Complex and wholly, if levied specifically on the Said Apartment. In case of cancellation of this Agreement by the Owner and the Developer for the reasons mentioned in clause above, the amount of Taxes (except GST), if any paid by the Allottee, shall stand forfeited and the amount of GST shall be refunded after the Owner and/or the Developer receive the refund thereof from the authority concerned.
Electricity: Costs, expenses, deposits and charges for providing electricity meter for the Said Apartment payable within 15 days of demand thereof by the electricity supplying authority failing which meter and electricity connection shall not be provided to the Said Apartment by the Developer.
Increase in Total price: Any increase/decrease in the Total Price due to increase/decrease in the measurement of the Said Apartment, at the rate at which the Total Price of the Said Apartment has been computed.
It had been agreed between the party that all obligations from the part of the purchaser to be completed within 15^th May 2025 and thereafter by 31^st May 2026. The Developer will hand over the peaceful vacant possession to purchaser as per the specifications and schedule mention in the Agreement.

Provided if there any reasons occurred or delay happens by either of the parties then the dates for completion of the obligations and or the date for handing over possession to be extended with mutual consent of the parties.

DEFAULT IN PAYMENTS OF USAGE CHARGES OF COMMON

FACILITIES DURING THE MAINTENANCE PERIOD:

Failure to pay Maintenance Charges, Electricity Charges, DG usage charges, if any, Facility Usage charges, if any within due dates may result in withdrawal/ restrictions/ disconnections/ discontinuation of the respective common services to the Allottee and will make the Allottee liable to pay interest at 1% per month or part on the outstanding dues for the period of the delay, calculated from the due date till the date of actual payment. Moreover, if the default continues for more than 3 months, then the Developer / Association (upon formation and handover) may;

Adjust the Maintenance Fund of the allottee for making payments for common purposes.
In case, allottee is a regular defaulter, ask allottee to make further investment of Maintenance fund or ask for advance payments of maintenance charges as the owner/association as the case may be deem fit.
Restrict the use of certain common facilities like lift; housekeeping etc. till the total liability is cleared.

Changes to These Terms and Conditions:

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.By continuing to access or use Our Service after those revisions becomes effective.

That if any dispute arises in between the parties the same will be adjudicate by the Arbitrator as per provision of Arbitration and Conciliation Act, 1996.

Time is the essence of contract if fails between the parties as per Specific Performance of Contact Act.

If you have any questions about ASTHHA PRIME Infra Private Limited Terms and Conditions.

Please do not hesitate to contact us:

ASTHHA PRIME Infra Private Limited

Bolpur, Shantiniketan

By phone number: 9830810742

By Email: info@asthhaprime.com