Common use of Cases of Force Majeure Clause in Contracts

Cases of Force Majeure. Notwithstanding anything herein-before contained it is hereby expressly agreed and understood that in case the 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 Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of all its obligations regarding the same. The Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of the Said Apartment/Building includes minor hairline cracks and/or deflection on the external and internal walls, joint of walls, columns (might be due to but not limited to different materials having different coefficient of expansion and contraction) which happens due to variation in temperature and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee it shall be necessary to appoint an expert who shall be a nominated surveyor to be nominated by the Architect/Engineer of the said building, who shall survey and assess the same and then submit a report to state the defects in material used in the structure of the Apartment and in the workmanship executed, the cost of which to be borne by the Allottee.