Common use of COMPLETION AND ONTARIO NEW HOME WARRANTIES INSPECTION Clause in Contracts

COMPLETION AND ONTARIO NEW HOME WARRANTIES INSPECTION. (a) The Purchaser or its designate shall inspect the Dwelling, such inspection hereinafter referred to as the Pre-Delivery Inspection (the "PDI") prior to the Closing Date with a representative of the Vendor at a time appointed by the Vendor and the parties shall indicate on the face of the Warranty Act's Certificate of Completion and Possession Form (the "Certificate"), the approval of the Purchaser, which shall be subject only to the completion of seasonal work, and any items uncompleted, and listed thereon (or on an addendum thereto), and save as to such list the Purchaser shall be conclusively deemed to have accepted the Dwelling as complete in accordance with this Agreement. On or before the PDI, the Vendor shall provide the Purchaser with a Homeowner Information Package that is available from the Tarion Warranty Corporation ("Tarion"). The Vendor will complete all matters set out in the said Certificate as soon as reasonably practicable. Further, the Vendor agrees to rectify any defects in materials or workmanship covered by the Warranty Act's warranty issued to the Purchaser as soon as reasonably practicable after the same will have been called to the Vendor's attention by notice in writing and in accordance with the guidelines of Tarion. Except for the aforementioned inspection with the Vendor’s representative, the Purchaser shall not enter (and shall not direct or cause anyone to enter) the Property and the Dwelling until the Purchaser has completed his obligations under this Agreement on the Closing Date. The Purchaser shall provide the Vendor with written notice, at least 5 days prior to the date appointed by the Vendor for the PDI, irrevocably appointing the Purchaser’s designate, if any. The Purchaser acknowledges that: a Homeowner Information Package is available from Tarion Warranty Corporation (including from the Tarion website); the Vendor has/will deliver to the undersigned a Homeowner Information Package as provided by Tarion Warranty Corporation on or before the date of the PDI.

Appears in 3 contracts

Samples: Agreement of Purchase and Sale, Agreement of Purchase and Sale, Agreement of Purchase and Sale

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COMPLETION AND ONTARIO NEW HOME WARRANTIES INSPECTION. (a) The Vendor agrees to make available, and the Purchaser or its (which term shall include the Purchaser’s designate shall inspect authorized in writing in the Dwelling, such inspection hereinafter referred form specified by the Tarion Warranty Corporation and/or the Vendor) agrees to as the Pre-Delivery Inspection (the "PDI") prior to the Closing Date meet with a representative of the Vendor at a date and time appointed scheduled by the Vendor prior to Closing to perform a PDI of the Dwelling and verify that the Dwelling has been completed in accordance with the provisions of this Agreement. The Purchaser (and/or the Purchaser’s designate) shall not be entitled to examine the Dwelling except when accompanied by a representative of the Vendor. The Purchaser (and/or the Purchaser’s designate) agrees to comply with all regulations under the Occupational Health and Safety Act, including the wearing of head and foot protection and such other safety apparel as designated by the Vendor, as well as all regulations, directives and/or measures required for public health as may be imposed from time to time. The Purchaser further agrees to indemnify the Vendor against any fines incurred as a result of non-compliance with these provisions by the Purchaser (and/or the Purchaser’s designate). In the event of any items remaining uncompleted at the time of such PDI, only such uncompleted items shall be listed by the Vendor on the approved forms required to be completed pursuant to the requirements of the Tarion Warranty Corporation and/or the Home Construction Regulatory Authority (Ontario) (collectively, the “Tarion Forms”), which the Purchaser (and/or the Purchaser’s designate) covenants to execute and which Tarion Forms SHALL CONSTITUTE THE VENDOR'S ONLY UNDERTAKING TO COMPLETE THE SAID UNCOMPLETED ITEMS AND THE DWELLING. The Purchaser agrees that such uncompleted items as are included in the Tarion Forms represent the balance of work to be completed by the Vendor with respect to the Dwelling and the parties Purchaser agrees that no further request for completion of items shall indicate on the face of the Warranty Act's Certificate of Completion and Possession Form (the "Certificate"), the approval of be made by the Purchaser, which and this shall serve as a good and sufficient release of the Vendor in that regard. The Purchaser further agrees that the Vendor shall have the right to enter upon the Property and Dwelling after completion of the transaction in order to complete such items as are included in the Tarion Forms. The Vendor shall complete such items as are contained in the Tarion Forms within a reasonable time after Closing, subject to weather conditions and the availability of supplies and trades. The Purchaser agrees that in no event shall the Purchaser be subject only entitled to obtain possession of the Dwelling until and unless the Purchaser (and/or the Purchaser’s designate) has executed the said Tarion Forms. The warranties given under the Act replace any warranties at law or otherwise. In the event the Purchaser (and/or the Purchaser’s designate) has omitted to execute the Tarion Forms prior to the completion of seasonal work, and any items uncompleted, and listed thereon (or on an addendum thereto), and save as to such list the Purchaser shall be conclusively deemed to have accepted the Dwelling as complete in accordance with this Agreement. On or before the PDIClosing, the Vendor shall provide have the right, at its sole option, to complete the Tarion Forms as permitted by Tarion or declare the Purchaser with a Homeowner Information Package in default in which event this Agreement shall be at an end and the Purchaser agrees that is available from the Tarion Warranty Corporation ("Tarion"). The Vendor will complete all matters set out in deposit monies paid by the said Certificate as soon as reasonably practicable. Further, Purchaser hereunder shall be forfeited to the Vendor agrees in addition to rectify and without prejudice to any defects in materials or workmanship covered by the Warranty Act's warranty issued other remedy available to the Purchaser as soon as reasonably practicable after the same will have been called to the Vendor's attention by notice in writing and in accordance with the guidelines Vendor arising out of Tarion. Except for the aforementioned inspection with the Vendor’s representative, the Purchaser shall not enter (and shall not direct or cause anyone to enter) the Property and the Dwelling until the Purchaser has completed his obligations under this Agreement on the Closing Datesuch default. The Purchaser shall provide the Vendor with written notice, at least 5 days prior to the date appointed by the Vendor for the PDI, irrevocably appointing (and/or the Purchaser’s designate) further agrees to have noted at the time of the PDI on the Tarion Forms any damages or defects found on the Dwelling's floor coverings, if anykitchen and bathroom cabinetry including countertops, bath tubs, sinks, toilets and other finished plumbing. These deficiencies listed on the Tarion Forms will be the limit of the Vendor's repairs to these items to be completed before or within a reasonable time after Closing, subject to availability of material and trades. The Purchaser acknowledges that: a Homeowner Information Package is available from Tarion Warranty Corporation (including from hereby irrevocably nominates and appoints the Vendor to be the lawful attorney in the Purchaser’s name in order to execute the Tarion website); Forms in the Vendor has/will deliver event the Purchaser fails to do so when required by the undersigned a Homeowner Information Package as provided by Tarion Warranty Corporation on or before the date of the PDIterms hereof.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale, Agreement of Purchase and Sale

COMPLETION AND ONTARIO NEW HOME WARRANTIES INSPECTION. (a) The Purchaser or its designate shall inspect the Dwelling, such inspection hereinafter referred to as the Pre-Delivery Inspection (the "PDI") prior to the Closing Occupancy Date with a representative of the Vendor at a time appointed by the Vendor and the parties shall indicate on the face of the Warranty Act's Certificate of Completion and Possession Form (the "Certificate")) and/or the Vendor’s PDI form, the approval of the Purchaser, which shall be subject only to the completion of seasonal work, and any items uncompleted, and listed thereon (or on an addendum thereto), and save as to such list the Purchaser shall be conclusively deemed to have accepted the Dwelling as complete in accordance with this Agreement. On or before the PDI, the Vendor shall provide the Purchaser with a Homeowner Information Package that is available from the Tarion Warranty Corporation ("Tarion"). The Vendor will complete all matters set out in the said Certificate as soon as reasonably practicable. Further, the Vendor agrees to rectify any defects in materials or workmanship covered by the Warranty Act's warranty issued to the Purchaser as soon as reasonably practicable after the same will have been called to the Vendor's attention by notice in writing and in accordance with the guidelines of Tarion. Except for the aforementioned inspection with the Vendor’s representative, the Purchaser shall not enter (and shall not direct or cause anyone to enter) the Property and the Dwelling until the Purchaser has completed his its obligations under this Agreement on the Closing Occupancy Date. The Purchaser shall provide the Vendor with written notice, at least 5 days prior to the date appointed by the Vendor for the PDI, irrevocably appointing the Purchaser’s designate, if any. The Purchaser acknowledges that: a Homeowner Information Package is available from Tarion Warranty Corporation (including from the Tarion website); the Vendor has/will deliver to the undersigned a Homeowner Information Package as provided by Tarion Warranty Corporation on or before the date of the PDI; that the Vendor currently intends to provide such copy by way of a USB key, flash drive or other electronic storage device, or an email containing the Homeowner Information Package or a URL link to the Homeowner Information Package; and the Purchaser shall execute any confirmation or statements confirming receipt of the Homeowner Information Package in accordance with Tarion’s requirements.

Appears in 1 contract

Samples: Agreement of Purchase and Sale

COMPLETION AND ONTARIO NEW HOME WARRANTIES INSPECTION. (a) a. The Purchaser or its designate design ate shall inspect the Dwelling, such inspection hereinafter referred to as the Pre-Delivery Pre -Delivery Inspection (the "PDI"" PDI " SAMPLE ) prior to the Closing Date with a representative of the Vendor at a time appointed by the Vendor and the parties shall indicate on the face of the Warranty Act's Certificate of Completion and Possession Form required forms (the "Certificate"), the approval of the Purchaser, which shall be subject only to the completion of seasonal work, and any items uncompleted, and listed thereon (or on an addendum thereto), and save as to such list the Purchaser shall be conclusively deemed to have hav e accepted the Dwelling as complete in accordance with this Agreement. On or before the PDI, the Vendor shall provide the Purchaser with a Homeowner Information Package that is available from the Tarion Warranty Corporation ("Tarion" Tarion "). The Vendor will complete all matters set out in the said Certificate as soon as reasonably practicable. Further, the Vendor agrees to rectify any defects in materials or workmanship covered by the Warranty Act's warranty issued to the Purchaser as soon as reasonably practicable after the same will have been called to the Vendor's attention by notice in writing and in accordance with the guidelines of Tarion. Except for the aforementioned inspection with the Vendor’s 's representative, the Purchaser shall not enter (and shall not direct or cause anyone to enter) the Property and the Dwelling until the Purchaser has completed his obligations under this Agreement on the Closing Date. The Purchaser shall provide the Vendor with written notice, at least 5 days prior to the date appointed by the Vendor for the PDI, irrevocably appointing the Purchaser’s 's designate, if any. The Purchaser acknowledges that: a Homeowner Information Package is available from Tarion Warranty Corporation (including from the Tarion website); the Vendor has/will deliver to the undersigned a Homeowner Information Package as provided by Tarion Warranty Corporation on or before the date of the PDI; that the Vendor currently intends to provide such copy way of email containing the Homeowner I nformation Package or a UR L link to the Homeowner Information Package; and the Purchaser shall execute any confirmation or statements confirming receipt of the Homeowner Information Package in accordance with Tarion's requirements.

Appears in 1 contract

Samples: Agreement of Purchase and Sale

COMPLETION AND ONTARIO NEW HOME WARRANTIES INSPECTION. (a) The Vendor agrees to make available, and the Purchaser or its (which term shall include the Purchaser’s designate shall inspect authorized in writing in the Dwelling, such inspection hereinafter referred form specified by the Tarion Warranty Corporation and/or the Vendor) agrees to as the Pre-Delivery Inspection (the "PDI") prior to the Closing Date meet with a representative of the Vendor at a date and time appointed scheduled by the Vendor prior to Closing to perform a PDI of the Dwelling and verify that the Dwelling has been completed in accordance with the provisions of this Agreement. The SCHEDULE “C” GENERAL PROVISIONS Purchaser (and/or the Purchaser’s designate) shall not be entitled to examine the Dwelling except when accompanied by a representative of the Vendor. The Purchaser (and/or the Purchaser’s designate) agrees to comply with all regulations under the Occupational Health and Safety Act, including the wearing of head and foot protection and such other safety apparel as designated by the Vendor, as well as all regulations, directives and/or measures required for public health as may be imposed from time to time. The Purchaser further agrees to indemnify the Vendor against any fines incurred as a result of non-compliance with these provisions by the Purchaser (and/or the Purchaser’s designate). In the event of any items remaining uncompleted at the time of such PDI, only such uncompleted items shall be listed by the Vendor on the approved forms required to be completed pursuant to the requirements of the Tarion Warranty Corporation and/or the Home Construction Regulatory Authority (Ontario) (collectively, the “Tarion Forms”), which the Purchaser (and/or the Purchaser’s designate) covenants to execute and which Tarion Forms SHALL CONSTITUTE THE VENDOR'S ONLY UNDERTAKING TO COMPLETE THE SAID UNCOMPLETED ITEMS AND THE DRAFT DWELLING. The Purchaser agrees that such uncompleted items as are included in the Tarion Forms represent the balance of work to be completed by the Vendor with respect to the Dwelling and the parties Purchaser agrees that no further request for completion of items shall indicate on the face of the Warranty Act's Certificate of Completion and Possession Form (the "Certificate"), the approval of be made by the Purchaser, which and this shall serve as a good and sufficient release of the Vendor in that regard. The Purchaser further agrees that the Vendor shall have the right to enter upon the Property and Dwelling after completion of the transaction in order to complete such items as are included in the Tarion Forms. The Vendor shall complete such items as are contained in the Tarion Forms within a reasonable time after Closing, subject to weather conditions and the availability of supplies and trades. The Purchaser agrees that in no event shall the Purchaser be subject only entitled to obtain possession of the Dwelling until and unless the Purchaser (and/or the Purchaser’s designate) has executed the said Tarion Forms. The warranties given under the Act replace any warranties at law or otherwise. In the event the Purchaser (and/or the Purchaser’s designate) has omitted to execute the Tarion Forms prior to the completion of seasonal work, and any items uncompleted, and listed thereon (or on an addendum thereto), and save as to such list the Purchaser shall be conclusively deemed to have accepted the Dwelling as complete in accordance with this Agreement. On or before the PDIClosing, the Vendor shall provide have the right, at its sole option, to complete the Tarion Forms as permitted by Tarion or declare the Purchaser with a Homeowner Information Package in default in which event this Agreement shall be at an end and the Purchaser agrees that is available from the Tarion Warranty Corporation ("Tarion"). The Vendor will complete all matters set out in deposit monies paid by the said Certificate as soon as reasonably practicable. Further, Purchaser hereunder shall be forfeited to the Vendor agrees in addition to rectify and without prejudice to any defects in materials or workmanship covered by the Warranty Act's warranty issued other remedy available to the Purchaser as soon as reasonably practicable after the same will have been called to the Vendor's attention by notice in writing and in accordance with the guidelines Vendor arising out of Tarion. Except for the aforementioned inspection with the Vendor’s representative, the Purchaser shall not enter (and shall not direct or cause anyone to enter) the Property and the Dwelling until the Purchaser has completed his obligations under this Agreement on the Closing Datesuch default. The Purchaser shall provide the Vendor with written notice, at least 5 days prior to the date appointed by the Vendor for the PDI, irrevocably appointing (and/or the Purchaser’s designate) further agrees to have noted at the time of the PDI on the Tarion Forms any damages or defects found on the Dwelling's floor coverings, if anykitchen and bathroom cabinetry including countertops, bath tubs, sinks, toilets and other finished plumbing. These deficiencies listed on the Tarion Forms will be the limit of the Vendor's repairs to these items to be completed before or within a reasonable time after Closing, subject to availability of material and trades. The Purchaser acknowledges that: a Homeowner Information Package is available from Tarion Warranty Corporation (including from hereby irrevocably nominates and appoints the Vendor to be the lawful attorney in the Purchaser’s name in order to execute the Tarion website); Forms in the Vendor has/will deliver event the Purchaser fails to do so when required by the undersigned a Homeowner Information Package as provided by Tarion Warranty Corporation on or before the date of the PDIterms hereof.

Appears in 1 contract

Samples: Agreement of Purchase and Sale

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COMPLETION AND ONTARIO NEW HOME WARRANTIES INSPECTION. (a) The Purchaser or its designate shall inspect the Dwelling, such inspection hereinafter referred to as the Pre-Delivery Inspection (the "PDI") prior to the Closing Date with a representative of the Vendor at a time appointed by the Vendor and the parties shall indicate on the face of the Warranty Act's Certificate of Completion and Possession Form (the "Certificate"), the approval of the Purchaser, which shall be subject only to the completion of seasonal work, and any items uncompleted, and listed thereon (or on an addendum thereto), and save as to such list the Purchaser shall be conclusively deemed to have accepted the Dwelling as complete in accordance with this Agreement. On or before the PDI, the Vendor shall provide the Purchaser with a Homeowner Information Package that is available from the Tarion Warranty Corporation ("Tarion"). The Vendor will complete all matters set out in the said Certificate as soon as reasonably practicable. Further, the Vendor agrees to rectify any defects in materials or workmanship covered by the Warranty Act's warranty issued to the Purchaser as soon as reasonably practicable after the same will have been called to the Vendor's attention by notice in writing and in accordance with the guidelines of Tarion. Except for the aforementioned inspection with the Vendor’s representative, the Purchaser shall not enter (and shall not direct or cause anyone to enter) the Property and the Dwelling until the Purchaser has completed his obligations under this Agreement on the Closing Date. The Purchaser shall provide the Vendor with written notice, at least 5 days prior to the date appointed by the Vendor for the PDI, irrevocably appointing the Purchaser’s designate, if any. The Purchaser acknowledges that: a Homeowner Information Package is available from Tarion Warranty Corporation (including from the Tarion website); the Vendor has/will deliver to the undersigned a Homeowner Information Package as provided by Tarion Warranty Corporation on or before the date of the PDI; that the Vendor currently intends to provide such copy by way of email containing the Homeowner Information Package or a URL link to the Homeowner Information Package; and the Purchaser shall execute any confirmation or statements confirming receipt of the Homeowner Information Package in accordance with Tarion’s requirements.

Appears in 1 contract

Samples: Agreement of Purchase and Sale

COMPLETION AND ONTARIO NEW HOME WARRANTIES INSPECTION. (a) The Purchaser or its designate shall inspect the Dwelling, such inspection hereinafter referred to as the Pre-Delivery Inspection (the "PDI") prior to the Closing Date with a representative of the Vendor at a time appointed by the Vendor and the parties shall indicate on the face of the Warranty Act's Certificate of Completion and Possession Form (the "Certificate"), the approval of the Purchaser, which shall be subject only to the completion of seasonal work, and any items uncompleted, and listed thereon (or on an addendum thereto), and save as to such list the Purchaser shall be conclusively deemed to have accepted the Dwelling as complete in accordance with this Agreement. On or before the PDI, the Vendor shall provide the Purchaser with a Homeowner Information Package that is available from the Tarion Warranty Corporation ("Tarion"). The Vendor will complete all matters set out in the said Certificate as soon as reasonably practicable. Further, the Vendor agrees to rectify any defects in materials or workmanship covered by the Warranty Act's warranty issued to the Purchaser as soon as reasonably practicable after the same will have been called to the Vendor's attention by notice in writing and in accordance with the guidelines of Tarion. Except for the aforementioned inspection with the Vendor’s representative, the Purchaser shall not enter (and shall not direct or cause anyone to enter) the Property and the Dwelling until the Purchaser has completed his obligations under this Agreement on the Closing Date. The Purchaser shall provide the Vendor with written notice, at least 5 days prior to the date appointed by the Vendor for the PDI, irrevocably appointing the Purchaser’s designate, if any. The Purchaser acknowledges that: a Homeowner Information Package is available from Tarion Warranty Corporation (including from the Tarion website); the Vendor has/will deliver to the undersigned a Homeowner Information Package as provided by Tarion Warranty Corporation on or before the date of the PDI; that the Vendor currently intends to provide such copy by way of email containing the Homeowner Information Package or a URL link to the Homeowner Information Package; and the Purchaser shall execute any confirmation or statements confirming receipt of the Homeowner Information Package in accordance with Tarion’s requirements.

Appears in 1 contract

Samples: Agreement of Purchase and Sale

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