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Terms of Service of Power Technology & Automation (PTA)

1. Introduction

These Terms of Service (“Terms”) govern the provision and use of products and services by Power Technology & Automation (PTA), a company registered under the Companies Act, 1994 of Bangladesh.

Clients, purchasers, contractors, and other users (“Clients”) agree to comply with these Terms when engaging PTA for design, supply, installation, commissioning, maintenance, or consultancy services.

2. Definitions

  1. “Services” means any turnkey MEP, energy, automation, fire safety, railway signaling, or related works supplied by PTA.
  2. “Contract” means a binding agreement formed by these Terms, a service proposal or quotation, and any issued purchase order or letter of award.
  3. “Deliverables” means all equipment, software, documentation, reports, and training materials provided in connection with the Services.
  4. “Confidential Information” means any non-public technical or business information disclosed by one party to the other.

3. Scope of Services

PTA shall perform the Services in accordance with:

  1. Project specifications, drawings, and schedules mutually agreed in writing.
  2. Applicable Bangladeshi statutes, including the Contract Act, 1872 and the Consumer Rights Protection Act, 2009.
  3. International quality and safety standards such as ISO 9001 for quality management and ISO 45001 for occupational health and safety.

Any variation in scope must be documented through written change orders, including adjustments to price, timeline, and technical specifications.

4. Client Obligations

Clients shall:

  • Provide accurate project information, site access, and any required approvals in a timely manner.
  • Coordinate with local authorities for permits, utilities, and regulatory inspections.
  • Ensure that all materials and services supplied by the Client to PTA are fit for purpose and free from infringement.

Failure to meet these obligations may entitle PTA to an extension of time, additional charges, or suspension of Services.

5. Orders and Payment Terms

  1. Quotation validity: 30 days from issue date unless otherwise specified.
  2. Payment schedule:
    1. Advance payment of 30% upon contract signing.
    2. Interim payment of 40% upon delivery of major equipment.
    3. Final payment of 30% upon completion, commissioning, and issuance of final invoices.
  3. All payments are due within 15 business days of invoice date.
  4. Late payments shall incur interest at 1.5% per month or the maximum rate permitted under Bangladeshi law.

6. Delivery, Installation, and Commissioning

PTA’s obligations include:

  • Delivery to the Client’s site, handling, and off-loading of equipment.
  • Installation and testing in accordance with international best practices and manufacturer guidelines.
  • Functional and performance testing, including a documented commissioning report.
  • On-site training of Client personnel for operation and maintenance.

Risk of loss passes to the Client upon delivery at site. Title to equipment remains with PTA until full payment is received.

7. Warranties and Representations

PTA warrants that:

  • Deliverables will be free from defects in materials and workmanship for a period of 12 months from successful commissioning.
  • Services will be performed with reasonable skill and care in accordance with prevailing industry standards.

All other warranties, whether express or implied (including merchantability or fitness for a particular purpose), are disclaimed to the fullest extent permitted by law.

8. Limitation of Liability

To the maximum extent permitted by applicable law, PTA’s total liability under any Contract shall not exceed the total fees paid by the Client for the relevant Services.

PTA shall not be liable for:

  • Consequential, incidental, or punitive damages.
  • Delays or failures due to third-party suppliers, force majeure events, or Client’s breach.

9. Intellectual Property Rights

All intellectual property rights in designs, drawings, software, methodologies, and documentation created by PTA remain vested in PTA or its licensors.

Clients receive a non-exclusive, non-transferable license to use Deliverables solely for their internal project needs.

10. Confidentiality

Each party shall:

  • Treat all Confidential Information of the other as strictly confidential.
  • Use Confidential Information only to perform under the Contract.
  • Return or destroy Confidential Information upon termination or request.

This obligation survives for five years from the date of disclosure.

11. Data Protection and Privacy

PTA complies with:

  • Digital Security Act, 2018 and Information and Communication Technology Act, 2006 of Bangladesh for data handling and cybersecurity.
  • International privacy principles aligned with GDPR where personal data of EU citizens are processed.

Personal data collected in the course of Services will be used only for contract performance and with Client’s consent. PTA implements technical and organizational measures to protect data against unauthorized access, alteration, or loss.

12. Anti-Bribery and Anti-Corruption

PTA and the Client agree to comply with all applicable anti-bribery and anti-corruption laws, including the Bangladesh Prevention of Corruption Act, 1947, and the UK Bribery Act where relevant.

Neither party shall offer or accept any undue advantage in connection with the Contract.

13. Force Majeure

Neither party shall be liable for failure or delay caused by events beyond reasonable control, including acts of God, government actions, epidemics, fire, flood, or labor disputes.

The affected party shall notify the other promptly and make reasonable efforts to mitigate the impact.

14. Termination

  1. Either party may terminate for material breach if the breach remains uncured 30 days after written notice.
  2. PTA may suspend Services and accelerate payment obligations if the Client fails to pay.
  3. Upon termination, the Client shall pay for all Services rendered and Deliverables provided up to the termination date.

15. Governing Law and Dispute Resolution

These Terms and all Contracts are governed by the laws of Bangladesh.

Disputes shall be resolved by:

  1. Good-faith negotiations between parties.
  2. Mediation under the rules of the Bangladesh International Arbitration Centre (BIAC).
  3. If unresolved, final and binding arbitration under BIAC rules, with the seat of arbitration in Dhaka.

16. Miscellaneous

  • Entire Agreement: These Terms constitute the entire agreement and supersede prior communications.
  • Severability: If any provision is invalid, the remainder remains in force.
  • Assignment: Neither party may assign rights without the other’s written consent.
  • Notices: Notices shall be in writing and delivered by email or registered post to the addresses set forth in the Contract.

17. Contact Information

For any queries or notices under these Terms, please contact:

Power Technology & Automation
147/B Monipuripara, Farmgate, Dhaka-1215, Bangladesh
Email: info@pta-limited.com
Phone: +880 1779 700 222

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