Terms and Conditions
1. Definitions
For the purposes of these Terms and Conditions, the following expressions shall have the meanings assigned to them below unless the context otherwise requires:
2. Project Location and Ownership
2.1 Project Identity
The project shall be known as Agro World, located at Ganda Kass.
2.2 Ownership Basis
All farms and plots offered under the Project shall be allotted strictly on an ownership basis, subject to full payment, registration and compliance with applicable Pakistani laws and regulations.
3. Sale and Resale of Plots
3.1 Re-sale Procedure
If a Buyer intends to sell a Plot, the Buyer shall first present himself at the Company's office and request a written buy-back offer from the Company. The Buyer shall provide full particulars of any proposed sale and shall produce documentary evidence of any third-party offer upon the Company's request.
3.2 Market Offers
If the Buyer receives an offer from the open market which the Buyer considers preferable to the Company's buy-back offer, the Buyer may proceed with such sale only after informing the Company in writing of the market offer and providing the Company a reasonable opportunity to match or respond to that offer.
3.3 Prohibition on Sale to Societies
3.4 Company Consent and Transfer Formalities
Any sale or transfer to a third party (other than a Society) shall be subject to the Company's prior written consent and compliance with the Company's transfer procedures, including payment of applicable transfer fees and submission of required documentation.
4. Transfer of Title and Possession
4.1 Condition Precedent to Transfer
Transfer of title shall be effected only upon completion of all payments due under the payment plan and upon satisfaction of all other conditions precedent specified by the Company. The Company's obligation to execute registry documents shall arise only after full payment and compliance with the Company's transfer formalities.
4.2 Possession of Farming Plots
Possession of Farming Plots shall remain with the Company until the Company, in its discretion and subject to completion of payment and registration formalities, delivers possession in accordance with the Project schedule. The Buyer acknowledges that Farming Plots may remain under the Company's control for agricultural management or development purposes until formal transfer.
4.3 Possession of Non-Farming Plots
Possession of Non-Farming Plots shall be handed over to the Buyer as soon as the Company notifies that the relevant community infrastructure is ready for occupation, subject to the Buyer's compliance with payment and other obligations.
4.4 Registry and Taxes
All transfers shall be effected by way of registry in the appropriate government office. All taxes, duties, registration charges and other statutory levies payable on transfer shall be borne by the Buyer unless expressly agreed otherwise in writing.
4.5 Allotment Subject to Availability
Allotment of any Plot is subject to the actual availability of land in the relevant area and to changes in the master plan or Project layout. The Company reserves the right to alter Plot location, size or configuration for valid planning, statutory or technical reasons.
5. Change of Land Status
5.1 Application for Change of Status
A Buyer who wishes to change the status of a Plot from Farming to Non-Farming, or vice versa, shall submit a written application to the Company. Such application shall be considered in accordance with applicable law, Project planning constraints and Company policy.
5.2 Costs and Fees
The Buyer shall be responsible for all taxes, duties, charges and fees arising from or incidental to any change of status, including any taxes or charges payable by the Seller or Buyer under applicable law and any transfer or registration fees. The Company may require payment of such amounts in advance as a condition to processing the application.
6. Infrastructure, Connections and Owner Obligations
6.1 Nature of Project
The Project is a community-driven development and shall not be deemed a housing society. The Buyer acknowledges that governance, services and community arrangements shall be determined by the Company in accordance with these Terms and Conditions.
6.2 Company Provided Primary Infrastructure
The Company shall provide the primary backbone infrastructure for the Project, which shall include the main electricity transmission line, primary sewerage line and primary street infrastructure as determined by the Company.
6.3 Owner-Borne Connection Costs
All costs for individual service connections, distribution lines, transformers, meters, internal wiring, secondary sewer connections and any other ancillary infrastructure required to connect a Plot to the main lines shall be borne by the respective Plot owner(s). The Company may, at its discretion and upon payment of the Company's prescribed charges, arrange such connections on behalf of the owner.
6.4 Clarification of Main Line and Ancillary Costs
For the avoidance of doubt, "main line" refers to the primary transmission and distribution infrastructure provided by the Company; costs of on-plot or on-owner equipment (including but not limited to transformers, service distribution, meters and internal works) shall be borne by the owner unless otherwise agreed in writing.
6.5 Maintenance and Security Charges
Maintenance, security and other recurring community expenses shall be shared equally by all Plot owners in such manner and on such terms as the Company may determine after possession of Plots has been delivered. The Company shall notify owners of the basis and quantum of such charges prior to their imposition.
7. Dispute Resolution and Policy Amendments
7.1 Negotiation and Amicable Resolution
In the event of any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, the parties shall first attempt to resolve the matter amicably through direct negotiation between authorized representatives at the Company's head office.
7.2 Mediation and ADR
If the dispute is not resolved by negotiation within thirty (30) days of written notice of the dispute, the parties agree to submit the dispute to mediation or another form of Alternative Dispute Resolution (ADR) by a neutral mediator mutually agreed upon. The parties shall cooperate in good faith with the mediator and shall share mediation costs equally unless otherwise agreed.
7.3 Arbitration and Courts as Last Resort
If mediation fails to resolve the dispute within a further thirty (30) days, the parties may refer the dispute to arbitration or to the competent courts of Pakistan in accordance with the dispute resolution procedure set out in the Sale Agreement; provided that nothing in this clause shall prevent either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction where such relief is necessary to preserve rights pending ADR.
7.4 Substitution of Plot
If a bona fide dispute arises in relation to a particular Plot after sale and the Company, acting reasonably, is unable to resolve the dispute by negotiation or mediation, the Company may, at its option and subject to availability, offer the Buyer an alternative Plot within the Project of equivalent value and specification in full and final settlement of the dispute. Acceptance of any substitute Plot shall be subject to the Buyer's execution of such documents and payment of such charges as the Company may reasonably require.
7.5 Policy Amendments and Notice
The Company reserves the right to amend its policies and procedures from time to time. Any amendment shall be effective upon notice to the Buyer by SMS to the Buyer's registered mobile number and by letter to the Buyer's registered postal address. Such notice shall be deemed received on the date of dispatch.
7.6 Operation of Company Policies
Company policies and procedures are binding on Buyers. Subject to applicable law, Buyers may seek clarification regarding the operation or implementation of Company policies; such enquiries shall not, by themselves, suspend the Buyer's obligations under these Terms and Conditions.
8. Miscellaneous Provisions
8.1 Taxes and Charges
The allottee shall be responsible for all applicable federal, provincial and local taxes, registration fees, utility charges and government levies at the time of transfer.
8.2 Premium Allotments
Corner farms, park-facing farms and other premium-category farms shall carry an additional charge as determined by the Company.
8.3 Concessions
8.4 Force Majeure
The Company shall not be liable for delays or failures to perform caused by government authorities, statutory restrictions, acts of God, strikes, civil turmoil, war, pandemics or other force majeure events beyond the Company's reasonable control.
8.5 Binding Effect
These Terms and Conditions shall be binding upon the Buyer and the Buyer's heirs, legal representatives, successors and permitted assigns.
8.6 Entire Agreement
These Terms and Conditions, together with the Booking Form and any Sale Agreement executed between the parties, constitute the entire agreement between the parties in respect of the subject matter hereof and supersede all prior negotiations, representations and understandings, whether written or oral.