Mr.KIM Apartment Warranty Contract Agreement

This  Apartment Warranty Agreement (the "Agreement") is entered into between [Apartment owner Name] (referred to as "Apartment owner" or "You" or “ Member”) and The KIM People Limited DBA Mr.KIM referred to as "Mr.KIM" or "We" or "Us" or “Our”) for the provision of apartment maintenance and repair services (the "Services") as outlined in this Agreement. By engaging our Services, you agree to be bound by the terms and conditions of this Agreement.

 

This Apartment warranty membership contract  Agreement constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and The KIM People Limited, and concerning your access to and use of the membership services. You agree that by accessing the Apartment warranty membership contract agreement, you have read, understood, and agreed to be bound by all the Apartment warranty membership contract agreement HEREIN. IF YOU DO NOT AGREE WITH ALL the Apartment warranty membrship contract agreement HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE MEMBERSHIP SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Please read this Agreement carefully

1. Scope of Services:

1. Mr.KIM agrees to provide Apartment warranty membership services to the member as per the selected membership plan outlined in this Agreement subject to the terms and conditions mentioned herein.
2. Mr.KIM agrees to provide apartment maintenance and repair services as requested by the member. The specific details of the Services, including tasks, materials, and costs, will be agreed upon in writing or through an estimate or work order provided by Mr.KIM.

1. Types of Membership plan coverage.

1. Basic Warranty Membership-

1. The membership amount will be Ksh 3,000 Per month or Ksh 36,000 annually
2. Coverage Details

• Electrical repairs-light fixtures and other minor repairs
• Cabinet repairs
• Windowpane repairs
• Minor plumbing leaks repair

2. Silver Warranty Membership-

1. The membership amount fee will be Ksh 6,000 per month or Ksh 72,000 annually.
2. Coverage Details

• Electrical repairs-light fixtures and other minor repairs
• Cabinet repairs
• Minor Plumbing leak repairs
• Shower head repair
• Faucet repair
• Water heater repair
• Toilet leaks repair

3. Platinum Warranty Membership-

1. The membership amount fee will be Ksh 10,000  per month or Ksh 100,000 annually
2. Coverage Details

• Electrical repairs-light fixtures and other minor repairs
• Cabinet repairs
• Minor Plumbing leak repairs
• Shower head repair
• Faucet repair
• Main circuit breaker repair
• Doorbell
• Ceiling fan
• Water heater repair
• Toilet leaks repair
• Plumbing stoppage
• Interior plumbing line leaks/breakdown
• A/C repair
• Kitchen appliance repair
• Laundry appliance repair
• CCTV repair

NOTE:

1. There will be a service fee of Ksh 300 for the technician to come out. If the cover item(s) repair is decline, Mr.KIM retain the Ksh 300. If the covered item (s) is repaired, Ksh 300 will be deducted from the final bill.

2. Eligibility and Enrollment:

1. Membership is open to individuals who meet the eligibility criteria set by Mr.KIM
2. The Member agrees to provide accurate and up-to-date information during the enrollment process.
3. Mr. KIM reserves the right to verify the provided information and reject or cancel the membership if any false or misleading information is found.

3. Membership Fee and Payment:

1. The Member agrees to pay the membership fee as specified in the selected membership plan.
2. Payment shall be made by the Member in advance, either as a lump sum or in monthly installments, as agreed upon during the enrollment process.
3. Mr.KIM reserves the right to review and revise the membership fee, subject to prior notice to the Member.

4. Warranty Period:

1. Mr.KIM warrants its workmanship for a period of 30 days from the date of completion of the Services. This warranty covers defects in workmanship and materials used by Professional service provider during the provision of the Services.

5. Warranty Coverage:

1. During the warranty period, Mr.KIM agrees to rectify any defects resulting from its workmanship or materials used in providing the Services, at no additional cost to the member. This warranty does not cover damage resulting from normal wear and tear, misuse, neglect, or acts of nature.
2. In the event of a defect covered by this warranty arising during the warranty period, the member shall promptly notify the Mr.KIM support staff and provide details of the issue.

6. Member's Responsibilities:

1. Member agrees to promptly notify Mr.KIM support staff of any defects or issues covered under this warranty. Member  must allow Professional service providers reasonable access to the property to inspect and perform necessary repairs or corrections. Failure to notify Mr.KIM staff support in a timely manner or to provide access may void the warranty.
2. Properly maintaining the systems and appliances in accordance with the manufacturer's recommendations;
3. Timely reporting of any covered failures or issues to the Mr.KIM support staff;

7. Exclusions:  This warranty does not cover:

1. Repairs or replacements required due to alterations, modifications, or repairs performed by parties other than Mr.KIM professional service providers without prior written consent. It also excludes any damage or defects caused by member's failure to properly maintain or care for the repaired or installed items.
2. Repairs performed without prior authorization
3. Normal wear and tear or damage caused by improper use, neglect, or lack of proper maintenance
4. Any defects or issues caused by the member’s misuse, negligence, or failure to properly maintain the repaired or installed items.
5. Pre-existing conditions or defects known to the member at the time of purchasing the warranty;
6. Damage resulting from negligence, misuse, lack of maintenance, or improper installation
7. Any components or items not explicitly listed as covered in the warranty documentation.

8. Limitation of Liability:

1. Mr.KIM's liability under this warranty is limited to the cost of rectifying the defective workmanship or materials. In no event shall Mr.KIM be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the Services, whether based on contract, tort, negligence, strict liability, or otherwise.
2. Mr.KIM will not be liable for any violations of state and local  laws, regulations, or guidelines prior to the beginning of the contract term and will not perform repairs or replacements that violate any current state and local laws, regulations, or guidelines.

9. Termination:

1. Either party may terminate this Agreement by providing 60 days written notice to the other party. Termination does not affect the warranty coverage for work completed prior to termination.
2. Mr.KIM reserves the right to terminate the membership immediately if the Member violates the terms and conditions of this Agreement.
3. Mr.KIM reserve the right to cancel the membership agreement for nonpayment of contract fees  or other breach of this contract by the customer
4. Mr.KIM reserve the right to cancel the membership due to fraud or misrepresentation by the customer and/or customer representative of facts material to Mr.KIM, its affiliates and subsidiaries issuance of this membership contract

10. Governing Law and Jurisdiction:

1. This Agreement shall be governed by and interpreted in accordance with the laws of Kenya.
2. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located in Kenya

11. Dispute Remedy

1. Any claim, dispute, or controversy, regarding any contract, tort, statute or otherwise (“ claim”), arising out of or relating to this agreement or the relationships among the parties hereto shall be resolved by one of the following means:

• Either party may seek  binding arbitration by one arbitrator administered by the Chartered Institute of Arbitrators (CIArb)(Kenya Branch) under the CIArb consumer rules in effect at the time the claim is filed

2. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction.

12. Class Action Waiver

1. Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class customer in any purported class, collective, representative, multiple-plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY THROUGH ARBITRATION

13. Entire Agreement:

1. This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior negotiations, understandings, or agreements, whether oral or written.

 

Please read this Agreement carefully. By engaging our Services, you acknowledge that you have read, understood, and agreed to the terms and conditions set forth in this Apartment Warranty Agreement.