1. The Services
1.1 The Customer hereby confirms his/her intention and requests MVIVO to conduct site analysis, and provide the Customer with a pre inspection design (herein after referred to as “the Services”).
1.2 The Payment made hereof for the Services is NON-REFUNDABLE.
1.3 The Payment does not constitute an agreement for the purchase of an MVIVO House, or confirmation of a reservation and does not lock in pricing or an estimated delivery date.
1.4 Subject to the provisions of Clause 2 below, MVIVO shall complete the aforesaid Services within a period of 2 weeks from the date hereof and provide a Site Analysis and Guidelines document to the Customer.
1.5 In order to complete the transaction the Customer is bound to enter into a separate legally binding Sale and Purchase agreement between MVIVO and the Customer.
2. Process; Effective Date
2.1 The Services shall be effective only upon MVIVO receiving both:
(a) duly executed Form by the Customer and (b)The relevant Payment. The payment can be made either by Cash, Direct Account Transfer (subject to confirmation and acknowledgement by MVIVO) or Cheques. (Cheques should be drawn in favour of MVIVO (Private) Limited. Payments made by cheques are subject to realization).
2.2 The Customer may complete the payment hereof within a period of One (1) week from the date hereof. In the event the relevant payment is made with in three days from the date of this Agreement, the Customer will be entitled to discount from the standard rate at the sole discretion of MVIVO.
2.3 Unless otherwise approved by MVIVO, breach of the above duration would result in the duration for the Services to be completed being delayed.
3. Order Process and Conditions Precedent
3.1 The Customer unconditionally agrees to provide; (a) MVIVO and its authorized officials , unfettered and unrestricted access to the site in order to carry out their site analysis, test the soil etc..;
(b) the relevant Approved Survey plans and any other required documents statutory or otherwise that may be reasonably requested by MVIVO which is needed in the opinion of MVIVO to carry out the site analysis, including but not limited to ownership certificates, street line/ building line certificates;
(c)and undertake to attend to such other requests as reasonably requested by MVIVO or its authorized officials to carry out the site analysis.
(d) such information as required by MVIVO or its authorized officials to carry out the site analysis.
3.2 Upon MVIVO completing the Services hereof and conducting the site visit and preparing Site Analysis and Guidelines document an upon the final design of the house is confirmed an Order Form will be created by MVIVO containing the information provided by the Customer on the particulars of the site where the MVIVO House will be built on, indicating the estimated purchase price of the House, taking into account the base price of the model and any options included or that the Customer select, plus any applicable taxes, duties, transport and delivery charges, and any other applicable fees, and the Sale and Purchase Agreement detailing the terms and conditions of the sale.
4. Purchase Price
Base House and/or option pricing may not be available at the time of making this payment as it depends on the conditions setout in the previous clauses, and, if pricing is available, it is subject to change until agreed upon in an executed Sale and Purchase Agreement.
5.Governing Law and Jurisdiction
These terms are governed by the laws of the Democratic Socialist Republic of Sri Lanka without regard to its conflict of laws provisions a
