Name of the Project shall be 'The ONYX' by MEER ONYX DEVELOPMENTS (Pvt.) Ltd., which is being built/constructed in Kuza Gali Galiyat KPK, Pakistan. The company "MOD" shall construct a luxury residential project 'The ONYX', where apartments and penthouses are offered for sale on an ownership basis.
All Pakistani citizens and non-resident Pakistanis living abroad are eligible to apply for the offered inventory.
Allocation of a particular number of apartment units in the project is provisional and will be confirmed only after receiving full and final payment. If any allottee has booked a unit (provisional) and paid the booking amount, as it is a mandatory requirement, and later on if he/she fails to pay confirmation and/or allocation amounts as prescribed in the payment schedule, signed by the allottee, the booking amount shall be non-refundable.
All applications for booking/allotment shall be submitted on the prescribed form, duly filled in and signed by the applicant. The schedule fixed for each and every installment for the payments shall be the essence of the contract. All payments shall be made by the Allottee/Purchaser of the apartment via pay order, Cross cheques only drawn in the name of MEER ONYX DEVELOPMENTS (Pvt.) Ltd.
The applicant shall make the payment of installments by the 10th of every month (if the payment schedule is on a monthly basis). If he/she fails to pay on time, a late payment surcharge of 0.05% per day will be levied on the outstanding amount.
In case of failure to pay the installment, demand notice of fifteen (15) day shall be served to the buyer by registered post/acknowledgement due or urgent mail service and/or TCS or renowned courier service. Another reminder will follow this after thirty (30) days for the payment of the installment at the address provided in the application form.
If the payment is not received within the stipulated period, the Company shall serve a final notice and cancel the booking/allotment/allocation. The amount received by MEER ONYX DEVELOPMENTS (Pvt.) Ltd. till that time shall be refunded after twelve (12) months after the completion of the project. An amount equal to 15% of the total price of the apartment shall be deducted from the refundable amount as service and establishment charges.
In case an Applicant subsequently wishes to surrender his/her Apartment or it stands cancelled, the amount will be refunded after completion of this project, subject to rebooking and deduction of 15% of the total agreed price of the apartment will be made from the installments deposited by the Applicant, being the service and establishment charges.
The Company reserves the right to seek a change of the project's Name, at any stage, for whatsoever reason, which shall be notified to the Allotee(s) by the Company, and can also make any change in the building plans of the project.
The Company retains and reserves the right at all times to make any changes in designs and specifications at the sole discretion of the Company. Management can change the location of the apartments due to any technical reasons. If the area of any apartment changes to the actual size, then it will be charged at the price per sq. ft. Area.
The Allottee shall not sublet, sell, transfer, or assign the unit prior to taking over possession of the same, subject to written consent of the Company/Promoter/Builder. However, the apartment can be transferred after clearance of outstanding dues payable before or on the date of transfer. The Company will charge a Transfer Fee at the time of transfer of the apartment.
The Company will arrange for water lines to all the underground water tanks of the project in case the water supply is not received or disrupted. The Company shall have no responsibility, and no Allottee will have any claim against the Company, nor shall the Company be approached by the Allottees in this connection.
The Company shall not be responsible for any delay in respect of the supply or individual connection of gas, electricity, water, sewerage, etc. by the concerned authorities/agencies. The Allottee shall be responsible for the payments of utility, i.e., water, sewerage, electricity, gas, telephones, etc., and property and other taxes of concerned authorities/agencies.
The Allottees must take over possession of the booked units of the project within fifteen (15) days of the issuance of the stipulated period. The Company shall not be responsible for the maintenance or damages to the property, including theft and damages to the fittings of the bathrooms, kitchen, doors, windows, electricity or gas fittings, or any kind of Internal or external parts of the property.
The construction of the project is supposed to be completed within the specified period. However, if for reasons of force majeure, which includes Act of God, riots, war (declared or undeclared), civil commotion, natural disaster, hostilities, fire, flood, legal construction bans, uncontrolled inflation (beyond 8%), earthquake, explosions, blockades and any other calamities which are beyond the Control of the Company, the builder shall be at liberty to revise/interrupt the construction schedule.
That if, for any reason, the project is abandoned, Company shall refund the amount received from the Allottee within the earliest convenience of the Company. It is, however, clearly understood that in such an eventuality, the Allottees shall not be entitled to any claim as damages, interests or profits, etc. of whatever nature.