Common use of Additional Terms on Defect Liability Clause in Contracts

Additional Terms on Defect Liability. The clause 12 hereinabove shall be subject to the condition that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: i. If there are changes, modifications and/or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) taking over possession of the Said Unit, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii. If there are changes, modifications and/or alteration in electrical lines and wirings after said possession unto the Allottee(s), the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications and/or alterations; iii. If there are changes, modifications and/or alterations in doors, windows or other related items after said possession unto the Allottee(s), then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications and/or alterations; iv. If the Allottee(s) after taking actual physical possession of the Said Unit, execute/s interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment and the Store Room (if any) by making any changes in the Apartment and the Store Room (if any), then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations and/or changes will not be entertained by the Promoter; v. Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost. vi. If the materials, fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) or his/her/their/its agent/s in the manner in which same is required to be maintained. vii. Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and/or in the Said Unit going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof. viii. Any defect due to force majeure. ix. Failure to maintain the amenities/equipments. x. Due to failure of AMC. xi. Regular wear and tear. xii. If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. Notwithstanding anything hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Said Unit, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in para/ clause 12 hereinabove.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

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Additional Terms on Defect Liability. The clause Clause 12 hereinabove shall be subject to the condition that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: i. i) If there are changes, modifications and/or or alteration in plumbing pipes and fittings and an d fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Said UnitApartment And Properties Appurtenant, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii. ) If there are changes, modifications and/or or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications and/or or alterations; iii. ) If there are changes, modifications and/or or alterations in doors, windows or other related items after said possession unto the Allottee(s)items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications and/or or alterations; iv. ) If the Allottee(s) Allottee after taking actual physical possession of the Said UnitApartment And Properties Appurtenant, execute/s executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment and the Store Room (if any) by making any changes in the Apartment and the Store Room (if any)Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations and/or or changes will not be entertained by the Promoter; v. v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost. vi. ) If the materials, materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his/her/their/its agent/s his / her agents in the manner in which same is required to be maintained. vii. ) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and/or in the Said Unit Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof. viii. Any defect due to force majeure. ix. Failure to maintain the amenities/equipments. x. Due to failure of AMC. xi. Regular wear and tear. xii. ) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. Notwithstanding anything hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Said UnitApartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in para/ clause 12 hereinabove.

Appears in 1 contract

Samples: Sale Agreement

Additional Terms on Defect Liability. The clause Clause 12 hereinabove shall be subject to the condition that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: i. i) If there are changes, modifications and/or or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Said UnitOffice/Shop/ Godown And Properties Appurtenant, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii) If any additions, alterations and/or modifications etc. have been made in the Building, Common Areas and/or any of the Units by the Unit Allottees including the Allottee herein and/or if there is any deviation found from the sanctioned Building Plan. It is further made clear that the structural defect, if any, must be certified by a licensed Architect and/or engineer that it is a defect made at the time of construction and is not due to wear and tear and/or due to weather elements and/or natural causes /calamities and/or due to any additions, alterations and/or modifications, etc. made by any of the Unit Allottees and/or occupants of the Project. iii) If there are changes, modifications and/or or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications and/or or alterations; iii. iv) If there are changes, modifications and/or or alterations in doors, windows or other related items after said possession unto the Allottee(s)items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications and/or or alterations; iv. v) If the Allottee(s) Allottee after taking actual physical possession of the Said UnitOffice/Shop/Godown And Properties Appurtenant, execute/s executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment and the Store Room (if any) Office/Shop/Godown by making any changes in the Apartment and the Store Room (if any)Office/Shop/Godown, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations and/or or changes will not be entertained by the Promoter; v. vi) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings building and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost. vi. vii) If the materials, materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his/her/their/its agent/s his / her agents in the manner in which same is required to be maintained. vii. viii) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and/or in the Said Unit Office/Shop/Godown going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof. viii. Any defect due to force majeure. ix. Failure to maintain the amenities/equipments. x. Due to failure of AMC. xi. Regular wear and tear. xii. ) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. Notwithstanding anything hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Said UnitOffice/Shop/Godown (which inspection Promoter shall be required to complete within 15 days of receipt of the notice from the Allottee), alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in para/ clause 12 hereinabovehereinabove and the Allottee shall not be entitled to any cost or compensation in respect thereof. It is clarified that the Promoter shall handover the possession of the Office/Shop/Godown on completion of the Project to the Allottee by way of issuance ofa letter (“Letter of Handover”)which shall at all times be construed as an integral part of this Agreement.

Appears in 1 contract

Samples: Sale Agreement

Additional Terms on Defect Liability. The clause Clause 12 hereinabove shall be subject to the condition that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: i. i) If there are changes, modifications and/or or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Said Unit, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii. ) If there are changes, modifications and/or or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications and/or or alterations; iii. ) If there are changes, modifications and/or or alterations in doors, windows or other related items after said possession unto the Allottee(s)items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications and/or or alterations; iv. ) If the Allottee(s) Allottee after taking actual physical possession of the Said Unit, execute/s executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment and the Store Room (if any) said Unit by making any changes in the Apartment and the Store Room (if any)Unit, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations and/or or changes will not be entertained by the Promoter; v. v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost. vi. ) If the materials, materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his/her/their/its agent/s his / her agents in the manner in which same is required to be maintained. vii. ) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and/or in the Said Unit Bungalow going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof. viii. ) Any defect due to force majeure. ix. ) Failure to maintain the amenities/amenities / equipments. x. x) Due to failure of AMC. xi. ) Regular wear and tear. xii. ) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. Notwithstanding anything hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Said Unit, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in para/ clause 12 hereinabove.

Appears in 1 contract

Samples: Agreement for Sale

Additional Terms on Defect Liability. The clause Clause 12 hereinabove shall be subject to the condition that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: i. i) If there are changes, modifications and/or or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottees taking over possession of the Said UnitApartment And Properties Appurtenant, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii. ) If there are changes, modifications and/or or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottees, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications and/or or alterations; iii. ) If there are changes, modifications and/or or alterations in doors, windows or other related items after said possession unto the Allottee(s)items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications and/or or alterations; iv. ) If the Allottee(s) Allottees after taking actual physical possession of the Said UnitApartment And Properties Appurtenant, execute/s executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment and the Store Room (if any) by making any changes in the Apartment and the Store Room (if any)Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations and/or or changes will not be entertained by the Promoter; v. v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost. vi. ) If the materials, materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottees or his/her/their/its agent/s their agents in the manner in which same is are required to be maintained. vii. ) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and/or in the Said Unit Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof. viii. ) Any defect due to force majeure. ix. ) Failure to maintain the amenities/amenities / equipments. x. x) Due to failure of AMC. xi. ) Regular wear and tear. xii. ) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. Notwithstanding anything hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottees, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Said UnitApartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in para/ clause 12 hereinabove.

Appears in 1 contract

Samples: Agreement for Sale

Additional Terms on Defect Liability. The clause Clause 12 hereinabove shall be subject to the condition that the Promoter shall not be liable to rectify any defect occurring under occurringunder the following circumstances: i. (i) If there are changes, modifications and/or or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) taking over possession of the Said UnitApartment And Properties Appurtenant, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; (ii. ) If there are changes, modifications and/or or alteration in electrical lines and wirings after said possession unto the Allottee(s), the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications and/or or alterations; (iii. ) If there are changes, modifications and/or or alterations in doors, windows or other related items after said possession unto the Allottee(s)items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications and/or or alterations; (iv. ) If the Allottee(s) after taking actual physical possession of the Said UnitApartment And Properties Appurtenant, execute/s interior decoration executes interiordecoration work including any addition and/or alteration in the layout of the internal walls of the Apartment and the Store Room (if any) by making any changes in the Apartment and the Store Room (if any)Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations and/or or changes will not be entertained by the Promoter; v. (v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost. (vi. ) If the materials, materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) or his/her/their/its agent/s his / her agents in the manner in which same is required to be maintained. (vii. ) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and/or in the Said Unit Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof. (viii. ) Any defect due to force majeure. (ix. ) Failure to maintain the amenities/amenities / equipments. x. (x) Due to failure of AMC. (xi. ) Regular wear and tear. (xii. ) If the Architect certifies that such defects are not manufacturing defect manufacturingdefect or due to poor workmanship or poor quality. Notwithstanding anything hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Said UnitApartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in para/ clause 12 hereinabove.

Appears in 1 contract

Samples: Sale Agreement

Additional Terms on Defect Liability. The clause Clause 12 hereinabove shall be subject to the condition that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: i. i) If there are changes, modifications and/or or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Said UnitApartment And Properties Appurtenant, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii. ) If there are changes, modifications and/or or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications and/or or alterations; iii. ) If there are changes, modifications and/or or alterations in doors, windows or other related items after said possession unto the Allottee(s)items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications and/or or alterations; iv. ) If the Allottee(s) Allottee after taking actual physical possession of the Said UnitApartment And Properties Appurtenant, execute/s executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment and the Store Room (if any) by making any changes in the Apartment and the Store Room (if any)Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations and/or or changes will not be entertained by the Promoter; v. v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost. vi. ) If the materials, materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his/her/their/its agent/s his / her agents in the manner in which same is required to be maintained. vii. ) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and/or in the Said Unit Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof. viii. Any defect due to force majeure. ix. Failure to maintain the amenities/equipments. x. Due to failure of AMC. xi. Regular wear and tear. xii. ) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. Notwithstanding anything hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Said UnitApartment (which inspection Promoter shall be required to complete within 15 days of receipt of the notice from the Allottee), alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in para/ clause 12 hereinabovehereinabove and the Allottee shall not be entitled to any cost or compensation in respect thereof. It is clarified that the Promotershall handover thepossession ofthe Apartment on completion of theProjecttotheAllotteebywayofissuance ofaletter(“Letter of Handover”)which shall at all times be construed as an integral part of this Agreement.

Appears in 1 contract

Samples: Transfer Agreement

Additional Terms on Defect Liability. The clause Clause 12 hereinabove shall be subject to the condition that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: i. i) If there are changes, modifications and/or or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Said UnitApartment And Properties Appurtenant, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii. ) If there are changes, modifications and/or or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications and/or or alterations; iii. ) If there are changes, modifications and/or or alterations in doors, windows or other related items after said possession unto the Allottee(s)items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications and/or or alterations; iv. ) If the Allottee(s) Allottee after taking actual physical possession of the Said UnitApartment And Properties Appurtenant, execute/s executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment and the Store Room (if any) by making any changes in the Apartment and the Store Room (if any)Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations and/or or changes will not be entertained by the Promoter; v. v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost. vi. ) If the materials, materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his/her/their/its agent/s his / her agents in the manner in which same is required to be maintained. vii. ) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and/or in the Said Unit Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof. viii. Any defect due to force majeure. ix. Failure to maintain the amenities/equipments. x. Due to failure of AMC. xi. Regular wear and tear. xii. ) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. Notwithstanding anything hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Said UnitApartment (which inspection Promoter shall be required to complete within 15 days of receipt of the notice from the Allottee), alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in para/ clause 12 hereinabovehereinabove and the Allottee shall not be entitled to any cost or compensation in respect thereof. It is clarified that the Promotershall handover thepossession ofthe Apartment on completion of theProjecttotheAllotteebywayofissuanceofaletter(“Letter of Handover”)which shall at all times be construed as an integral part of this Agreement.

Appears in 1 contract

Samples: Transfer Agreement

Additional Terms on Defect Liability. The clause Clause 12 hereinabove shall be subject to the condition that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: i. i) If there are changes, modifications and/or or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Said Unit, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii. ) If there are changes, modifications and/or or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications and/or or alterations; iii. ) If there are changes, modifications and/or or alterations in doors, windows or other related items after said possession unto the Allottee(s)items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications and/or or alterations; iv. ) If the Allottee(s) Allottee after taking actual physical possession of the Said Unit, execute/s executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment and the Store Room (if any) said Unit by making any changes in the Apartment and the Store Room (if any)Unit, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations and/or or changes will not be entertained by the Promoter; v. v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost. vi. ) If the materials, materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his/her/their/its agent/s his / her agents in the manner in which same is required to be maintained. vii. ) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and/or in the Said Unit Bungalow going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof. viii. ) Any defect due to force majeure. ix. ) Failure to maintain the amenities/amenities / equipments. x. x) Due to failure of AMC. xi. ) Regular wear and tear. xii. ) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. Notwithstanding Not with standing anything hereinbefore here in before contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Said Unit, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in para/ clause 12 hereinabovehere in above.

Appears in 1 contract

Samples: Sale Agreement

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Additional Terms on Defect Liability. The clause Clause 12 hereinabove shall be subject to the condition that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: i. i) If there are changes, modifications and/or or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Said Unit, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii. ) If there are changes, modifications and/or or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications and/or or alterations; iii. ) If there are changes, modifications and/or or alterations in doors, windows or other related items after said possession unto the Allottee(s)items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications and/or or alterations; iv. ) If the Allottee(s) Allottee after taking actual physical possession of the Said Unit, execute/s executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment and the Store Room (if any) said Unit by making any changes in the Apartment and the Store Room (if any)Unit, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations and/or or changes will not be entertained by the Promoter; v. v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost. vi. ) If the materials, materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his/her/their/its agent/s his / her agents in the manner in which same is required to be maintained. vii. ) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and/or in the Said Unit Flat going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof. viii. ) Any defect due to force majeure. ix. ) Failure to maintain the amenities/amenities / equipments. x. x) Due to failure of AMC. xi. ) Regular wear and tear. xii. ) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. Notwithstanding Not with standing anything hereinbefore here in before contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Said Unit, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in para/ clause 12 hereinabovehere in above.

Appears in 1 contract

Samples: Sale Agreement

Additional Terms on Defect Liability. The clause Clause 12 hereinabove shall be subject to the condition that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: i. i) If there are changes, modifications and/or or alteration in plumbing pipes and fittings and an d fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Said UnitUnit And Properties Appurtenant, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii. ) If there are changes, modifications and/or or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications and/or modifications, or alterations;. iii. ) If there are changes, modifications and/or or alterations in doors, windows or other related items after said possession unto the Allottee(s)items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications and/or or alterations; iv. ) If the Allottee(s) Allottee after taking actual physical possession of the Said UnitUnit And Properties Appurtenant, execute/s executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment and the Store Room (if any) Unit by making any changes in the Apartment and the Store Room (if any)Unit, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations and/or or changes will not be entertained by the Promoter; v. v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost. vi. ) If the materials, materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his/her/their/its agent/s his / her agents in the manner in which same is required to be maintained. vii. ) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and/or in the Said Unit going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof. viii. Any defect due to force majeure. ix. Failure to maintain the amenities/equipments. x. Due to failure of AMC. xi. Regular wear and tear. xii. ) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. Notwithstanding anything hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Said Unit, alters the state and condition of the area of the purported pu-rported defect, then the Promoter shall be relieved of its obligations contained in para/ clause 12 hereinabove.

Appears in 1 contract

Samples: Sale Agreement

Additional Terms on Defect Liability. The clause Clause 12 hereinabove shall be subject to the condition that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: i. : i If there are changes, modifications and/or or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Said UnitApartment And Properties Appurtenant, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii. ; ii If there are changes, modifications and/or or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications and/or or alterations; iii. ; iii If there are changes, modifications and/or or alterations in doors, windows or other related items after said possession unto the Allottee(s)items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications and/or or alterations; iv. ; iv If the Allottee(s) Allottee after taking actual physical possession of the Said UnitApartment And Properties Appurtenant, execute/s executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment and the Store Room (if any) by making any changes in the Apartment and the Store Room (if any)Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations and/or or changes will not be entertained by the Promoter; v. ; v Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost. vi. If the materials, fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) or his/her/their/its agent/s in the manner in which same is required to be maintained. vii. Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and/or in the Said Unit going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof. viii. Any defect due to force majeure. ix. Failure to maintain the amenities/equipments. x. Due to failure of AMC. xi. Regular wear and tear. xii. If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. Notwithstanding anything hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Said Unit, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in para/ clause 12 hereinabove.;

Appears in 1 contract

Samples: Assignment Agreement

Additional Terms on Defect Liability. The clause Clause 12 hereinabove shall be subject to the condition that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: i. i) If there are changes, modifications and/or or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) Allottee taking over possession of the Said UnitApartment And Properties Appurtenant, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii. ) If there are changes, modifications and/or or alteration in electrical lines and wirings after said possession unto the Allottee(s)Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications and/or or alterations; iii. ) If there are changes, modifications and/or or alterations in doors, windows or other related items after said possession unto the Allottee(s)items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications and/or or alterations; iv. ) If the Allottee(s) Allottee after taking actual physical possession of the Said UnitApartment And Properties Appurtenant, execute/s executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment and the Store Room (if any) by making any changes in the Apartment and the Store Room (if any)Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations and/or or changes will not be entertained by the Promoter; v. v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost. vi. ) If the materials, materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) Allottee or his/her/their/its agent/s his / her agents in the manner in which same is required to be maintained. vii. ) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and/or in the Said Unit Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof. viii. Any defect due to force majeure. ix. Failure to maintain the amenities/equipments. x. Due to failure of AMC. xi. Regular wear and tear. xii. ) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. Notwithstanding anything hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s)Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Said UnitApartment (which inspection Promoter shall be required to complete within 15 days of receipt of the notice from the Allottee), alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in para/ clause 12 hereinabove.hereinabove and the Allottee shall not be entitled to any cost or compensation in respect thereof. It is clarified that the Promoter shall handover the possession of the Apartment on completion of the Projecttothe Allottee by wayofissuanceofaletter (“Letter of Handover”) which shall at all times beconstrued as an integral part of this Agreement..

Appears in 1 contract

Samples: Sale Agreement

Additional Terms on Defect Liability. The clause Clause 12 hereinabove shall be subject to the condition that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: i. i) If there are changes, modifications and/or or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) taking over possession of the Said UnitApartment And Properties Appurtenant, the Promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii. ) If there are changes, modifications and/or or alteration in electrical lines and wirings after said possession unto the Allottee(s), the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications and/or or alterations; iii. ) If there are changes, modifications and/or or alterations in doors, windows or other related items after said possession unto the Allottee(s)items, then the Promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications and/or or alterations; iv. ) If the Allottee(s) after taking actual physical possession of the Said UnitApartment And Properties Appurtenant, execute/s executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment and the Store Room (if any) by making any changes in the Apartment and the Store Room (if any)Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations and/or or changes will not be entertained by the Promoter; v. v) Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks developing on joints of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings building and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at its own cost. vi. ) If the materials, materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) or his/her/their/its agent/s his / her agents in the manner in which same is required to be maintained. vii. ) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and/or in the Said Unit Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof. viii. ) Any defect due to force majeure. ix. ) Failure to maintain the amenities/equipments. x. x) Due to failure of AMC. xi. ) Regular wear and tear. xii. ) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. Notwithstanding anything hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect in the Said UnitApartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in para/ clause 12 hereinabove.

Appears in 1 contract

Samples: Sale Agreement

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