Terms of Service

Welcome to Zorays.com/Zorays.Solar, the website and online service of Zorays, Inc. (“Zorays Solar Pakistan,” “we,” or “us”). This page explains the terms by which you may use our online, web site, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service you signify that you have read, understood and agree to be bound by these Terms of Service (“Terms”) and to the collection and use of your information as set forth in the Zorays Privacy Policy at https://zorays.com/privacy-policy/, whether or not you are a registered user of our Service. These Terms apply to all visitors, users, and others who access the Service (“Users”).

Terms and Conditions:

  1. All prices are quoted with fabrications, installation, commissioning, operation, and training for operation inclusive ex-factory Lahore.
    2. All rates are quoted without any taxes like GST and withholding tax. Prices Valid for One month Only.
    3. A 100% advance will be required for mobilization, procurement of Inverter, structural material, cables and other components etc.
    4. Payable Taxes Rate: G.S.T. @17% for good, @16% for services and WTH Tax @10% for services and @4.5% for goods.
    5. Cable lengths are standard as per design, and excess length of cable will be charged as per actual.
    6. Civil work of any kind will be in client’s scope.
    7. Internal wiring/load separation will be in the scope of client. Additional, Four core AC cable charged @1350 Rs. per meter.
    8. General maintenance like fortnightly cleaning and dusting of the solar modules will be in the scope of client.

Timeline:

  1. Provision of components after receiving order commitment.
    2. Preparation of GI steel structure.
    3. Installation, commissioning and training.
    4. Electrification/Connections so system becomes functional.
    5. Nepra Application Processing in case of on grid, grid tied or hybrid solar systems.

Warranties and Claims:

  1. Solar panels have 1 Year Workmanship Warranty and 25 Years Linear Performance Guarantee.
    2. Inverter has a fault replacement warranty of 5 year (approved after fault test report). Void if seal broken.
    3. Any damage due to external causes such as catastrophes, disasters, act of GOD, short circuiting, firing upon or stone pelting by the mob will not be entertained.
    4. Any damage due to erratic behavior of the grid will not be entertained in warranty scope. Especially, due to internal wiring.

Warranty policy for Solar PV and Inverters shall commence from the date of delivery to site. Warranty does not cover modifications or repairs carried out improperly by the Employer or by third parties.

Defect Liability Period shall be 12 months and shall commence from the date of taking Over/Provisional Acceptance of any part of the Works/Job and/or task(s) by the Employer. Defect Liability Period (DLP) for respective part of the Works and/or task(s) would be separate and not linked with other part of Works and/or tasks. Contractor has not considered continued services of manpower during Defect Liability Period. These services shall be provided only on call basis (as and when required) for fault rectification. Contractor has not considered any cost for the Operation and Maintenance of the System.

Payback Calculations :

  1. Pay back calculations are performed in the worst case scenarios with 320 sunny days averaged out for Pakistan.
    2. The peak insolation time for optimum sun to strike in Pakistan with a radiance of at least 1000 W/m^2 is averaged to be about 6 hours 45 minutes.
    3. The average differential rate for electricity applied is averaged @ Rs. 17 per unit for Residential buying, @ Rs. 14.2 for Commercial buying and @ Rs. 10.5 for Industrial buying.
    4. In case, you submitted your current electricity bill, it is normalized with yearly average taken from residential consumer behavior studies meaning 8 hours of operation for all said load. Annual power generation degradation of less than 0.8% per year.

Any promotional discounts are applicable independently and any ambiguity in application of discount codes should be removed while contacting us before you proceed with order.

Validity

Prices quoted by (Contractor) are valid for a period of 30 days from the date of Contractor’s offer/bid. Thereafter, Contractor’s written confirmation shall be required.

Price

Prices quoted are in Pak Rupees according to INCOTERMS 2010.

Effective Date of Contract

Effective date of the Contract/Agreement to be counted on which last of the following occurs:

  • Contract is signed
  • Advance payment is received by Contractor

Sales Tax

Contractor’s prices are Inclusive of Sales Tax on supplies and services. Sales Tax is charged to Employer, at actual as per applicable laws and regulations at the time of execution of Works/Supplies. In case of exemption from Sales Tax, the Employer shall provide the exemption certificate to Contractor before signing the Contract/Agreement.

Changes in Legislation

Contractor’s prices are based on current duties, sales tax, other taxes, exchange rates and levies applicable in Pakistan at the date of offer/bid submission. In case of any change in legislation resulting in additional or new duties or sales tax, taxes, exchange rate or otherwise having any impact on the price, the Employer shall pay the additional amount to the Contractor.

Modification, Deviation and Extra Works

Any type of modification/deviation and extra work if requested by the Employer as a deviation to Contractor’s design/ scope of work, the same shall be charged additionally as per Contractor’s daily rates plus site overheads or as per mutual agreement. Further any material required to execute such modification shall be charged as per mutually agreed upon rates which shall be fair and reasonable. Obligation of Contractor to start the job/work on Modification, Deviation, and/or Extra Work shall be upon written agreement on price, scope of work and the time schedule by both the Parties (Employer & Contractor).

Consequential Losses of Indirect Damages

Contractor shall not be responsible for consequential losses or indirect damages arising out of execution and performance of Contract on account of the following, but not limited to:

  1. Loss of profit
  2. Loss of interruption of operations
  3. Loss of information and data
  4. Loss of interest

Indemnity

The Employer shall indemnify and hold harmless the Contractor, the Contractor’s Personnel, and their respective agents, against and from all claims of:

  1. Bodily injury which is attributable to any negligence, wilful act or breach of the Contract by the Employer, Employer’s Personnel, or any of their respective agents and/or Contractor.
  2. The matters for which liability may be excluded from insurance cover.
  3. Contractor shall have no obligation for acts and/or omissions of third parties.
  4. Existing and surrounding facilities are to be insured by the Employer & any loss or damage to these facilities to be claimed by Employer shall indemnify the Contractor on account of any such loss or damage.

Price Escalation

Prices quoted by the Contractor are based on the prevalent foreign exchange rate(s) and the rates for aluminium, copper, silicone, labor, diesel, goods and other inputs to the Works as are applicable on the date of Contractor’s offer/bid. Any change(s) in the price(s) of these commodities will give rise to price adjustment. Adjustment in respect of variation in the prices of BOQ items shall be made based on LME, foreign exchange rates and monthly Consumer

Price Index issued by the Statistical Bureau of Government of Pakistan.

Force Majeure

For the purpose of Contract/Agreement between Employer & Contractor, the Force Majeure shall mean:

a. Any circumstances or events so listed herein below or of a like kind beyond the reasonable control and contemplation of the Parties (Employer & Contractor) affected which prevent or impede the due performance of the Contract, being circumstances or events which could not have been avoided by the exercise of due diligence, prudence or the adoption of all precautions. Save as specifically mentioned herein below, weather conditions shall not constitute Force Majeure. The shortage of labor, materials, or other resources shall not constitute Force M a j e u r e u n l e s s c a u s e d b y circumstances which are themselves Force Majeure.

The circumstances which shall (provided they fulfil the requirements of “a” above) be within the definition of Force Majeure are:

  • Acts of God;
  • Decrees of Government;
  • Fire;
  • Strikes and labor disputes;
  • Explosion;
  • Earthquake;
  • Flood;
  • Lightning;
  • Hurricane (Beaufort Force 12 and above);
  • War; invasion; hostilities;
  • Rebellion; revolution;
  • Riot;
  • Sabotage;
  • General/national strikes or similar official national labor disputes;
  • Ionising radiation;
  • Contamination by radio-activity;
  • Pressure waves from aerial devices or maritime disasters;
  • Acts of government and/or non-issuance of licenses
  1. A Party seeking relief under this Clause shall notify the other Party forthwith of a circumstance of event of Force Majeure and shall with diligence furnish such relevant information as is available pertaining to such event.
  2. In case of force Majeure event, Employer shall pay to Contractor for the Works/Job/Project already performed/executed/completed, material already ordered out for
  3. Execution of Works and shall also give extension of time.

Approvals/Permissions

The Contractor has not considered any activities and costs for approvals/ permissions/authorisation/licenses/permits etc., for startup, execution and commissioning of the Project/Works/Job. All such requirements are to be completed by Employer at its risk and cost in a way that it does not cause any delay or hurdle in startup, execution and commissioning of Works assigned to Contractor. If required all building/ planning permits and environmental license of way permits and environmental license are to be obtained by Employer. However, if required, Contractor shall provide assistance to Employer for getting the installations approved but all expenses shall be paid by the Employer.

Arbitration

The Parties (Employer & Contractor) shall endeavour to settle all disputes arising out of the Contract/Purchase Order/ Agreement amicably, failing which such dispute shall be settled in accordance with Arbitration Act 1940 and the rules made thereunder. Any dispute arising under or in connection with Contract/ Purchase Order/Agreement, including any question regarding its existence, validity or termination, shall be submitted to two joint arbitrators, one to be appointed by each of the party, and f a i l i n g a g r e e m e n t b e t w e e n t h e arbitrators, to the decision of the umpire, to be appointed by the arbitrators before entering upon the reference. The award made by such arbitrators or the umpire, as the case may be shall be final and binding on the Parties (Employer & Contractor). The venue of the arbitration shall be decided mutually by the Parties (Employer & Contractor) and the arbitration proceedings shall be conducted in English Language.

Governing Law

Since both the Parties are in Pakistan and the Project/Works/Job in question shall be executed in Pakistan, the law a p p l i c a b l e f o r e x e c u t i o n a n d performance of Contract between Employer and Contractor shall be the Pakistani Law.

General

Employer shall be provide the following facilities free of cost/charge to the Contractor:

  1. Furnished Site Office
  2. Furnished accommodation for staff and labor/workers
  3. Electricity, water and sanitary facilities in site office and residential area
  4. Security of site and residential area
  5. Access to Works Site for execution and completion of Works
  6. Telephone and fax facilities at site and in residential area
  7. Entry gate passes at Works Site for staff and workers and tools/tests equipment thereof
  8. To and fro site transportation for Contractor’s personnel (from residence area to work area and back)

THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Miscellaneous

Contractor’s offer/bid is based on the assumption that:

  1. Local area risks and problems to be addressed and resolved by Employer at his risk and cost.
  2. Permit to Works shall be arranged by Employer well in time.
  3. Other Contractors & Sub-Contractors working at site shall provide opportunity to the Contractor for fulfilment of its tasks and complete the Work without interruption and wastage of time.
  4. The required portions of land (including access roads and rights of way) for completion of the Works, building areas, storage area and parking areas at the site shall be provided by Employer to Contractor free from any and all charges, compensations, rent, taxes, fees of any encumbrances and expenses involved in obtaining the necessary easements.
  5. Anything not specifically listed in Contractor’s Filled Price BOQ and T&Cs shall not be in Contractor’s scope.
  6. Rates quoted are specifically for this Project only, and not to be used as reference for any other Project.
  7. This document (i.e. Contractor’s Terms & Conditions) is integral part of Contractor’s offer/bid and shall be part of the Contract.

Scope of Work

Contractor’s Scope:

  • Complete equipment as per Bill of Materials (BOM)
  • Deliverables, as mentioned above

Employer’s Scope:

  • Space for Solar Installation
  • Water Supply
  • Water Distribution Network •Fire Alarm System
  • Fencing/Boundary Walls