Covenants Representations Warranties of the Developer. PROMOTER
(a) The Developer has a clear and marketable title with respect to the said Project Land and has the requisite permissions from the concerned authorities to carry out development upon the Project Land and also has actual, physical and legal possession of the Project Land for the implementation of the Project.
(b) The Developer shall ensure that there is no charge/encumbrance existing over the Unit at the time of the Conveyance Deed of the said Unit.
(c) There are no litigations pending before any Court of law with respect to the Project Land or the Project.
(d) Promoter has not entered into any agreement for sale and/or any other agreement/arrangement with any person or party with respect to the Unit which will, in any manner, prejudicially affect the rights of Allottee under this Agreement.
(e) Promoter has duly paid and shall continue to pay and discharge all applicable governmental dues, rates, charges and property taxes and other monies, levies, impositions, premiums, damages and/or penalties and other outgoings, whatsoever, payable with respect to the Unit to the competent Authorities till the time Occupancy Certificate with respect to/in relation to the Unit is obtained.
(f) The specifications mentioned are of a general and indicative nature, consequently there may be some changes in the color, design, pattern, texture or the like in the actual products.
(g) If within a period of (5) five years from date of handing over the possession of the Unit, the Allottee brings to the notice of Promoter any structural defect in the Unit or any defects on account of workmanship, quality or provision of service, then wherever possible, such defects shall be rectified by Promoter at its own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from Promoter, compensation equal to the cost to cure/rectify such defect. Provided that Promoter shall not be liable to rectify any defect or for payment of any compensation in the following cases:
i. If the cause of any such defect is not attributable to Promoter or are because of Force Majeure Events and or beyond the control of Promoter;
ii. In case of natural wear and tear and/or damage resulting from rough handling, improper use or unauthorized modification by the Allottee;
iii. if such defects/damage has occurred by act of negligence of Allottee, including while carrying out any internal changes to the Unit.
iv. In case where guarantees and warrantees are ...
Covenants Representations Warranties of the Developer
