Terms and Conditions

Legal terms governing the use of our products and services

Last Updated: January 2025

MANDATORY ACCEPTANCE

BY ACCESSING, BROWSING, OR USING THIS WEBSITE, REQUESTING QUOTATIONS, PLACING ORDERS, OR UTILIZING ANY PRODUCTS OR SERVICES PROVIDED BY POWERVISION SYSTEMS (PRIVATE) LIMITED, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF OUR WEBSITE, PRODUCTS, AND SERVICES.

1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires:

"Company," "PowerVision," "we," "us," or "our" refers to PowerVision Systems (Private) Limited, a company incorporated under the Companies Act, 2017 of Pakistan.

"Customer," "Client," "User," "you," or "your" refers to any individual, entity, or organization that accesses our website, requests quotations, places orders, or utilizes our products or services.

"Products" refers to diesel generators, gensets, power generation equipment, spare parts, accessories, and related hardware supplied by PowerVision.

"Services" refers to installation, commissioning, maintenance, repair, technical support, training, and any other services provided by PowerVision.

"Agreement" or "Contract" refers to any quotation, purchase order, invoice, service agreement, or other contractual document executed between PowerVision and the Customer.

"OEM" refers to Original Equipment Manufacturers, including but not limited to Lister Petter UK, Deep Sea Electronics, and other authorized manufacturers.

2. Scope and Application

These Terms and Conditions constitute a legally binding agreement between PowerVision and the Customer and shall apply to:

All sales of Products, whether new or refurbished
All Services provided, including installation, maintenance, and repairs
All quotations, proposals, and estimates issued by PowerVision
All use of our website, online calculators, and digital resources
All communications and interactions with PowerVision representatives
All warranty claims and after-sales support

These Terms supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, between the parties. Any additional or conflicting terms proposed by the Customer are expressly rejected unless explicitly accepted in writing by an authorized representative of PowerVision.

3. Quotations, Orders, and Pricing

3.1 Quotations

All quotations are valid for 30 days from the date of issuance unless otherwise specified in writing
Quotations are subject to change without notice due to currency fluctuations, import duty revisions, manufacturer price changes, or other factors beyond PowerVision's control
Quotations are not binding until a formal purchase order is accepted by PowerVision
PowerVision reserves the right to refuse or cancel any quotation or order at its sole discretion

3.2 Order Acceptance

Orders are subject to acceptance by PowerVision. Receipt of a purchase order does not constitute acceptance
PowerVision may require advance payment, bank guarantees, or other security before accepting orders
Minimum order values and quantities may apply for certain Products
Custom or special orders are non-cancellable and non-refundable once manufacturing commences

3.3 Pricing and Taxes

All prices are quoted in Pakistani Rupees (PKR) unless otherwise specified and are exclusive of applicable taxes
Sales Tax, Federal Excise Duty, customs duties, and any other government levies shall be charged separately as per prevailing rates
Prices do not include transportation, installation, commissioning, or other ancillary charges unless explicitly stated
PowerVision reserves the right to adjust prices to reflect changes in exchange rates, import duties, or manufacturer pricing

IMPORTANT NOTICE:

Prices quoted are based on current market conditions and are subject to change without prior notice. PowerVision shall not be liable for any price increases occurring between quotation and order confirmation. Customers are advised to confirm current pricing before placing orders.

4. Payment Terms and Conditions

4.1 Payment Methods

PowerVision accepts payments through the following methods:

Bank transfer to PowerVision's designated bank account
Pay Order or Demand Draft in favor of PowerVision Systems (Private) Limited
Cash payment at our office (subject to applicable limits under Pakistani law)
Letter of Credit (LC) for large orders or international transactions

4.2 Payment Schedule

Unless otherwise agreed in writing, the standard payment terms are:

New Customers: 100% advance payment before order processing
Established Customers: 50% advance, 50% before delivery (subject to credit approval)
Large Projects: Milestone-based payments as per project agreement
Services: Payment due upon completion unless otherwise agreed

4.3 Late Payment

Overdue payments shall accrue interest at the rate of 2% per month or the maximum rate permitted under Pakistani law, whichever is lower
PowerVision may suspend deliveries and services for accounts with overdue payments
All collection costs, including legal fees and court costs, shall be borne by the Customer in case of default
PowerVision reserves the right to report defaulters to credit bureaus and take legal action

STRICT ENFORCEMENT:

PowerVision strictly enforces payment terms. Failure to make timely payments may result in immediate suspension of warranty coverage, cancellation of pending orders, legal action for recovery, and blacklisting from future transactions. No exceptions will be made without written authorization from PowerVision's management.

5. Delivery, Installation, and Risk Transfer

5.1 Delivery Terms

Delivery timelines are estimates only and are subject to product availability, import clearance, and other factors
PowerVision shall not be liable for any delays in delivery caused by circumstances beyond its reasonable control
Delivery is deemed complete when Products are made available for collection or delivered to the Customer's specified location
The Customer must inspect Products upon delivery and report any visible damage or discrepancies within 24 hours

5.2 Risk and Title Transfer

Risk of loss or damage passes to the Customer upon delivery, regardless of whether installation has been completed
Title to Products remains with PowerVision until full payment is received, including all applicable taxes and charges
The Customer shall adequately insure Products from the time risk passes until full payment is made
PowerVision reserves the right to repossess Products if payment is not received as per agreed terms

5.3 Installation and Commissioning

Installation and commissioning services are provided separately and are subject to additional charges
The Customer must provide suitable site conditions, including foundation, electrical connections, fuel supply, and access
PowerVision shall not be responsible for delays caused by inadequate site preparation or Customer's failure to meet prerequisites
Warranty coverage commences only after successful commissioning by PowerVision's authorized technicians

6. Warranty and Limitations

6.1 Manufacturer's Warranty

Products are covered by the OEM's standard warranty as specified in the product documentation. Typical warranty periods are:

Lister Petter engines: 12 months or 2,000 running hours, whichever comes first
Deep Sea Electronics controllers: 24 months from commissioning date
Alternators and other components: As per manufacturer's specifications

6.2 Warranty Conditions

Warranty coverage is subject to:

Proper installation and commissioning by PowerVision or authorized personnel
Use of genuine spare parts and recommended lubricants
Adherence to recommended maintenance schedules
Operation within specified parameters and load limits
Timely payment of all invoices

6.3 Warranty Exclusions

Warranty does NOT cover:

Normal wear and tear, consumables (filters, belts, batteries)
Damage caused by improper use, negligence, or accidents
Unauthorized modifications, repairs, or use of non-genuine parts
Damage from external factors (fire, flood, lightning, voltage fluctuations)
Failure to follow operating instructions or maintenance requirements
Use of contaminated or substandard fuel or lubricants
Overloading or operation beyond rated capacity

WARRANTY DISCLAIMER:

EXCEPT AS EXPRESSLY PROVIDED IN THE OEM'S WARRANTY, POWERVISION MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. POWERVISION'S TOTAL LIABILITY UNDER WARRANTY SHALL NOT EXCEED THE PURCHASE PRICE OF THE DEFECTIVE PRODUCT.

POWERVISION SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, DATA LOSS, OR DAMAGE TO OTHER EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Returns, Cancellations, and Refunds

7.1 General Policy

Due to the specialized nature of our Products and Services, PowerVision operates a strict no-return, no-refund policy except as expressly provided below or required by applicable law.

7.2 Order Cancellation

Orders may be cancelled only before manufacturing or shipment commences, subject to a cancellation fee of 25% of the order value
Custom or special orders cannot be cancelled once manufacturing begins
Imported Products cannot be cancelled once the import process has commenced or the order has been placed with the OEM
PowerVision reserves the right to cancel orders at any time due to product unavailability, pricing errors, or other reasons

7.3 Returns

Returns are accepted ONLY in the following circumstances:

Products delivered are materially different from what was ordered (must be reported within 24 hours of delivery)
Products are damaged during transit (subject to inspection and insurance claim procedures)
Manufacturing defects covered under warranty (subject to OEM approval)

Returns are NOT accepted for:

Change of mind or buyer's remorse
Products that have been installed, used, or commissioned
Custom-ordered or specially configured Products
Electrical or electronic components once packaging is opened
Consumables, spare parts, or accessories

7.4 Refund Process

In the rare event that a refund is approved:

The Customer must submit a written refund request to legal@powervision.com.pk
PowerVision's Risk Assessment Team will conduct a thorough inspection and investigation
The decision to approve or deny a refund rests solely with PowerVision's management and is final and binding
Approved refunds will be processed within 30-60 business days, subject to deduction of restocking fees (minimum 20%), transportation costs, and any applicable charges
Refunds will be issued in the same payment method as the original transaction

ABSOLUTE DISCRETION:

ALL RETURNS AND REFUNDS ARE HANDLED ON A STRICTLY CASE-BY-CASE BASIS. POWERVISION'S RISK ASSESSMENT TEAM HAS ABSOLUTE AND SOLE DISCRETION TO APPROVE OR DENY ANY RETURN OR REFUND REQUEST. THE DECISION OF POWERVISION'S MANAGEMENT IS FINAL, CONCLUSIVE, AND BINDING. NO APPEALS OR DISPUTES WILL BE ENTERTAINED EXCEPT THROUGH FORMAL LEGAL CHANNELS AS SPECIFIED IN THESE TERMS.

8. Intellectual Property Rights

8.1 PowerVision's IP

All content on our website, including but not limited to text, graphics, logos, images, videos, software, and compilations, is the exclusive property of PowerVision or its licensors and is protected by Pakistani and international copyright, trademark, and intellectual property laws.

8.2 Third-Party Trademarks

PowerVision uses trademarks, logos, and brand names of third parties, including but not limited to:

Lister Petter® (registered trademark of Lister Petter Limited, UK)
Deep Sea Electronics® (registered trademark of Deep Sea Electronics PLC, UK)
Other OEM brands and product names

These trademarks are used solely for illustrative, descriptive, and informational purposes to identify the genuine products we supply. Such use does not imply endorsement, sponsorship, or affiliation beyond our authorized dealership agreements.

8.3 Restrictions

You may not:

Reproduce, distribute, or publicly display any content from our website without written permission
Use PowerVision's trademarks, logos, or branding without authorization
Reverse engineer, decompile, or disassemble any software or technical documentation
Create derivative works based on our content or intellectual property

DISCLAIMER OF AFFILIATION:

PowerVision is an independent authorized dealer and service provider. References to OEM brands are made solely to identify the genuine products we supply and service. PowerVision is not owned by, affiliated with, or directly controlled by any OEM. All product warranties are provided by the respective manufacturers, not by PowerVision.

9. Limitation of Liability and Indemnification

9.1 Limitation of Liability

MAXIMUM LIABILITY CAP:

TO THE MAXIMUM EXTENT PERMITTED BY PAKISTANI LAW, POWERVISION'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

9.2 Exclusion of Consequential Damages

NO CONSEQUENTIAL DAMAGES:

IN NO EVENT SHALL POWERVISION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF SUBSTITUTE GOODS OR SERVICES, DAMAGE TO REPUTATION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF POWERVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 Customer Indemnification

The Customer agrees to indemnify, defend, and hold harmless PowerVision, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

Customer's breach of these Terms and Conditions
Customer's violation of any law or regulation
Customer's negligence or willful misconduct
Improper installation, operation, or maintenance of Products
Third-party claims arising from Customer's use of Products or Services
Unauthorized modifications or alterations to Products

10. Force Majeure

PowerVision shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to:

Acts of God (earthquakes, floods, storms, pandemics)
War, terrorism, civil unrest, or political instability
Government actions, import/export restrictions, or regulatory changes
Labor disputes, strikes, or lockouts
Supplier failures or manufacturing delays
Transportation disruptions or port congestion
Power outages, telecommunications failures, or cyber attacks
Currency fluctuations or banking restrictions

In the event of force majeure, PowerVision's obligations shall be suspended for the duration of the event, and delivery timelines shall be extended accordingly. If the force majeure event continues for more than 90 days, either party may terminate the affected order without liability.

11. Dispute Resolution and Governing Law

11.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Islamic Republic of Pakistan, including but not limited to:

The Contract Act, 1872
The Sale of Goods Act, 1930
The Companies Act, 2017
The Arbitration Act, 1940
Any other applicable laws and regulations of Pakistan

11.2 Jurisdiction

Any disputes, controversies, or claims arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the courts of Lahore, Pakistan. You hereby irrevocably submit to the jurisdiction of such courts and waive any objection to venue or inconvenient forum.

11.3 Arbitration

At PowerVision's sole discretion, disputes may be referred to arbitration in accordance with the Arbitration Act, 1940. The arbitration shall be conducted in Lahore, Pakistan, in the English language, by a sole arbitrator appointed by mutual agreement or, failing agreement, by the Lahore High Court. The arbitrator's decision shall be final and binding on both parties.

11.4 Costs

The prevailing party in any dispute shall be entitled to recover all costs and expenses, including reasonable legal fees, expert witness fees, and court costs, from the non-prevailing party.

12. General Provisions

12.1 Entire Agreement

These Terms and Conditions, together with any quotations, purchase orders, and invoices, constitute the entire agreement between the parties and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.

12.2 Amendments

PowerVision reserves the right to modify these Terms at any time without prior notice. Amendments will be effective immediately upon posting on our website. Your continued use of our Products or Services after amendments constitutes acceptance of the modified Terms.

12.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

12.4 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. PowerVision's failure to enforce any right or provision shall not constitute a waiver of such right or provision.

12.5 Assignment

The Customer may not assign, transfer, or delegate any rights or obligations under these Terms without PowerVision's prior written consent. PowerVision may freely assign these Terms without restriction.

12.6 Notices

All notices under these Terms must be in writing and delivered to the addresses specified in the relevant contract or to legal@powervision.com.pk. Notices shall be deemed received when delivered personally, 3 business days after mailing, or immediately if sent by email with confirmation of receipt.

Contact Information

For questions regarding these Terms and Conditions, please contact our Legal Department:

PowerVision Systems (Private) Limited

16-KM Multan Road, Pakka Mile Stop, Shahpur Kanjra, Lahore - Pakistan

Legal Department: legal@powervision.com.pk

Phone: +92 42 3751 2567-68

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