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TERMS AND CONDITIONS OF SERVICE

These Terms and Conditions govern all quotations, contracts, invoices, and services provided by Elikim Painting Pros and Renovators (“the Company”).

By engaging the Company, the client agrees to be bound by these Terms and Conditions.

1. Application of Terms

These Terms and Conditions apply to all services provided by the Company and supersede any terms proposed by the client unless expressly agreed in writing by the Company prior to commencement of work.

2. Quotations and Scope of Work

All quotations are based on the scope of work agreed at the time of pricing. Any variation, additional work, or change in scope requested by the client shall be subject to revised pricing and timelines and must be approved in writing.

3. Payment Terms

Unless otherwise agreed in writing:

  • Invoices are payable within twenty-one (21) working days from the invoice date.

  • The Company reserves the right to request a deposit or staged payments depending on the nature and value of the project.

4. Late Payment

  • The Company may charge interest at a reasonable commercial rate, such as a rate linked to the prevailing Bank of Zambia discount rate plus a margin (e.g., Bank of Zambia rate + 3%), as compensation for the delay (this is a common commercial practice in Zambia and avoids penalty wording). ZRA

  • The Company reserves the right to suspend or terminate services without liability for delays until full payment is made.

5. Debt Recovery

If payment remains outstanding for more than sixty (60) days, the Company may engage a debt recovery agency or initiate legal proceedings.

All reasonable recovery, legal, and administrative costs shall be payable by the client.

6. Taxes 

The Company is registered under the Zambia Revenue Authority (ZRA) Turnover Tax (TOT) system and is not registered for Value Added Tax (VAT).

Accordingly:

  • All prices quoted are subject to Turnover Tax at the applicable statutory rate, which is included in the contract price unless stated otherwise.

  • VAT is not chargeable and shall not be included on any quotation or invoice.

  • Any reference to “tax” or “taxes” in quotations, invoices, or agreements shall be construed as Turnover Tax, unless expressly stated otherwise.

Where applicable, any withholding tax or other statutory deduction required under Zambian law shall be the responsibility of the client and shall not reduce the total amount payable to the Company unless such deduction is mandatory by law.

7. Performance of Services

The Company undertakes to perform all services:

  • With reasonable skill and care

  • In accordance with agreed specifications and timelines

Timeframes are estimates and may be affected by factors beyond the Company’s control, including weather conditions, material availability, site readiness, or client delays.

8. Defects and Complaints

Any defects or complaints must be:

  • Reported in writing

  • Within eight (8) days of completion of the works or delivery of services

The Company shall be given reasonable opportunity to inspect and, where appropriate, rectify verified defects. Claims made after this period may not be accepted.

9. Limitation of Liability

To the maximum extent permitted under Zambian law:

  • The Company shall not be liable for indirect, incidental, or consequential losses.

  • The Company shall not be liable for defects arising from misuse, third-party interference, or failure to follow maintenance advice.

10. Third-Party Claims

The Company shall not be required to act as a third party in disputes or claims between the client and any end user, tenant, or third party.

11. Termination

The Company reserves the right to suspend or terminate services if:

  • The client breaches these Terms

  • Payments remain outstanding

  • Site conditions are unsafe or unsuitable for work

Outstanding payments shall remain due and payable upon termination.

12. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of Zambia, and the courts of Zambia shall have exclusive jurisdiction.

13. Acceptance

Engagement of the Company, acceptance of a quotation, or payment of a deposit constitutes acceptance of these Terms and Conditions.