Terms and Conditions:-
First: Scope of Warranty and Maintenance and Their Duration
First: Scope of Warranty and Maintenance and Their Duration
1. The company is committed to providing warranty and maintenance services for the executed works under the contract for a period of one calendar year.
2. The warranty and maintenance period begins exclusively from the date of signing the approved project handover report, and no other date will be considered for the commencement of this period.
3. Upon the expiration of the warranty period specified as one calendar year, the company's responsibility for any malfunctions or defects related to the executed works under the contract will be definitively terminated.
Second: Mechanism for Submitting Maintenance Requests and Reporting Malfunctions via the CRM System
1. Registering a maintenance request through the company's approved Customer Relationship Management (CRM) system and issuing an official ticket number is the exclusive and approved means of reporting any malfunction or maintenance request.
2. The date and time recorded electronically upon issuing the ticket number are considered the official starting point for calculating all durations and procedures stipulated in these terms.
3. The client acknowledges that creating the ticket is merely a notification of a malfunction and a request for inspection and examination, and it does not constitute an explicit or implicit acknowledgment by the company of its responsibility for the malfunction or its inclusion under the warranty. The company's responsibility for the malfunction remains pending until a technical inspection is conducted and the approved report is issued.
Third: Malfunctions Covered by the Company's Warranty
The company is committed to repairing malfunctions and defects covered by the warranty at its own expense, without charging the client any costs, and only in the following cases:
1. Defects or damages resulting from poor execution, or failure to adhere to the approved technical and professional standards, or violation of the approved plans and specifications.
2. Malfunctions or damages resulting from poor quality of materials, equipment, or devices supplied by the company.
3. Malfunctions resulting from connection, installation, or preliminary operation errors, provided they originated from the company.
4. The hidden defects that appear during the warranty period, which the client could not have discovered at the time of project delivery.
Fourth: The faults excluded from the warranty and paid work
The following faults and cases are excluded from the warranty scope and the company's responsibility, and the client bears the full costs of their repair and maintenance:
1. The expiration of the warranty period specified as one calendar year, according to what is stated in the first clause.
2. Damages resulting from misuse, or operating the building or equipment contrary to their intended purpose, or violating the attached operation manuals and instructions.
3. Damages resulting from making any modifications or additions or maintenance work by the client or any third party, without obtaining prior written approval from the company.
4. Faults resulting from neglecting regular operational maintenance tasks, such as cleaning filters, checking fluids and oils, cleaning ducts and drainage networks, and other periodic maintenance tasks.
5. The natural wear of materials and parts over time, such as paints exposed to friction, rubber gaskets, bulbs, and other parts that are naturally consumed.
6. Damages resulting from natural disasters, fluctuations in external electrical current, high public water pressure, vandalism, or accidental or intentional breakage by external parties.
Mechanism for dealing with paid work outside the warranty
1. If it is determined through technical inspection that the fault is not covered by the warranty, the company will notify the client via the (CRM) system, attaching a separate price quote that includes the cost of required materials and spare parts, labor fees, and repair costs.
2. The client acknowledges that the company's obligation to provide free maintenance is limited exclusively to faults and cases covered by the warranty, and does not extend to the costs of supplying materials or spare parts or labor fees in cases excluded from the warranty or after its expiration.
3. No paid work will be carried out unless explicit approval is obtained from the client on the price quote, and full costs are paid in advance.
Fifth: The timeline for processing maintenance requests
Maintenance requests registered through the (CRM) system are subject to the following procedural and chronological sequence, and the durations are calculated from the date of ticket issuance, as follows:
1. Review of the request: The request is reviewed electronically and its status is determined within three (3) working days from the date of ticket creation.
2. Assigning the specialist and inspection: The consultant or specialized engineer is assigned, and a field inspection of the site is conducted within five (5) working days from the date of initial acceptance of the request.
3. Issuing the technical report: The inspection report is issued, and the party responsible for the costs is determined within three (3) working days from the date of the inspection.
4. Starting repair work: The target is to start repair work within a guideline period of seven (7) working days from the date of issuing the technical report, or from the date of approving the price quote for work not covered by warranty.
The specified duration for starting repair work is a guideline and not an absolute commitment or a mandatory deadline, as it is subject to the nature and size of the required work, the availability of spare parts and materials in the local market, or the need to source them from abroad.
If the execution of the work requires a longer duration, the company will notify the client via the (CRM) system of the expected timelines to complete the work.
Sixth: Technical reference and mechanism for determining the causes and scope of malfunctions
1. Technical reference and inspection
The technical consultant or specialized engineer appointed by the company is the primary reference for inspecting and examining malfunctions, determining their causes and scope, according to the approved plans and specifications, operation manuals, engineering and technical principles, and the agreements stated in the contract.
The company's consultant prepares an inspection and examination report for the malfunction, documented with relevant images and technical references, and the report is uploaded to the (CRM) system.
2. Mechanism for objecting to the technical report
If the client objects to the report issued by the company's consultant, they have the right to submit a reasoned objection through the (CRM) system within five (5) working days from the date they are notified of the report.
In this case, both parties agree to appoint a neutral and accredited engineering consulting office to conduct the inspection and examination, and the report issued by it shall be final and binding on both parties.
3. Costs of the neutral consulting expert
The party that is proven to be responsible for the malfunction, according to the final report issued by the neutral consulting office, shall bear all fees and charges of the office, in addition to the inspection fees.
4. Client's obligation to enable work teams to access the site
The client is obligated to facilitate and enable the company's engineers and technicians, or the neutral consulting expert, to access the site and conduct the necessary inspections, examinations, and work at the specified times.
If the client refuses to enable the company's team to access the site, or access is not possible, after being notified twice consecutively through the (CRM) system or any of the approved communication methods, the company has the right to automatically close the ticket in the system.
As a result, the notification shall be considered as if it never existed, and the client's right to adhere to the specified timeframes in these terms shall be forfeited, with the company being fully exempt from any delays or exacerbation of damages resulting from its inability to access the site.
The company reserves its full right to rely on the closure of the ticket to prove the reasons for the delay and deny any shortcomings on its part, and to hold the client financially and legally responsible for any additional damages or exacerbation of damages resulting from the lack of access.
Seventh: Financial dues and their impact on warranty and maintenance
For the warranty to be effective and for the company to be obligated to perform maintenance work, the client must have paid all financial dues owed.
If there are any amounts or overdue financial dues owed by the client to the company, whether arising from the original contract work or any additional work, all warranties and maintenance obligations shall be automatically canceled and suspended.
The client is not entitled to request any maintenance or repair work except after paying all overdue financial dues to the company.
Eighth: The effect of judicial and arbitration disputes on the warranty
Both parties explicitly acknowledge that in the event of any judicial dispute, or resorting to judicial or arbitration authorities between the client and the company regarding the contract or any obligations arising therefrom, the warranty is canceled permanently, and the company is fully released from any existing or future maintenance or repair obligations under the contract.
Ninth: Reports that do not prove the existence of a malfunction and inspection fees
If the field inspection results in the absence of any malfunction, or it is found that the report is not serious or fabricated, or that it is due to the client's lack of knowledge of the operating method, the company reserves its absolute right to estimate and determine the value of the field inspection fees, according to its technical assessment and the costs of sending its technical teams to the site.
The client is obligated to pay the full field inspection fees to the company immediately upon being notified of their value through the (CRM) system.
Payment of these fees in full is a condition before accepting or opening any new maintenance tickets for the client.