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Common use of DEFECT LIABILITY Clause in Contracts

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costs.

Appears in 18 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

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DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee/s from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee Allottee/s shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee Allottee/s and/or the maintenance of the Schedule A 'A' Property is handed over to the Association of allottees Allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee Allottee/s or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee Allottee/s of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees Allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee Allottee/s understands and accepts that in any of the above acts or omissions by the Allottee/s, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee Allottee/s brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee/s, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee Allottee/s shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee Allottee/s and the Allottee Allottee/s alone shall be liable to rectify and reinstate the same at his/her/its/their own costs.

Appears in 10 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years by the Allottee from the date of handing over possessionoccupancy certificate and/or partial occupancy certificate of the building in which the Unit is situated, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. Act Provided Further That after the Said Apartment is handed over to the Allottee and/or the maintenance obligation or liability of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for arise if the defect has arisen owing to any consequence Force Majeure event or defect liability on account owing to act or omission of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing other allottees or Association of allottees and/or any other person or if the interior decoration of portion alleged to have the Said Apartment, act defect has already been altered before the Promoter is able to view the same or omission, obstruction, alteration, modification, restraint or improper use if the related annual maintenance contracts and other licenses are not validly maintained by the Allottee association of any of the internal fixtures and fitting within the Said Apartment allottees or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and servicescompetent authority. The Allottee understands and accepts is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in any immediate cessation of the above acts Promoter’s obligation to rectify any defects or omissions by compensate for the Allottee, the Defect Liability same as mentioned in this Clause. The decision of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable Architect in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due the matter referred to the onslaught of natural elements, which cannot in this clause shall be attributable to final and binding upon both the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsAllottee.

Appears in 7 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after Provided that the Said Apartment is handed over defect liability mentioned herein this agreement shall be subject to the Allottee and/or the maintenance allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the Schedule A Property is handed over installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the Association apartment will not be covered under the defect liability. Provided also that the benchmark of allottees the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or at all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify provide any cure/cover over and reinstate above the same at his/her/its/their own costs.terms and conditions of such respective warranties

Appears in 6 contracts

Samples: Agreement for Sale, Agreement for Sale (Ews), Agreement for Sale

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or in construction (excluding any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development purchased materials and/or items) is brought to the notice of the Promoter Vendor/ Developer within a period of 5 (five) years by the Allottee from the date of handing over deemed possession, it the Vendor/ Developer shall be the duty of the Promoter take steps to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's Vendor’s/ Developer’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided However that the Promoter Vendor/ Developer shall not be liable under any circumstances if any additions, alterations and/or modifications etc. have been made in respect of the Buildings, Common Areas and/or any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the PromoterApartment Units by the Allottees including the Allottee herein and/or if there is any deviation found from the sanctioned Building Plan. After It is further made clear that the Possession Datestructural defect, any damage if any, must be certified by a licensed Architect 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 whatsoever the Allottees and/or occupants of the Building. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottees, without first notifying the Vendor/ Developer and without giving the Vendor/ Developer the reasonable opportunity to inspect, assess and determine the nature is caused to thereto (save of purported defect in the Apartment, alters the state and except condition of the defects as mentioned area of the purported defect, then the Vendor/ Developer shall be relieved of its obligations contained hereinabove in Clause 12.1)this clause. However, the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee has been made aware and the Allottee alone expressly agrees that the regular wear and tear of the Residential Complex excludes minor hairline cracks on the external and internal walls excluding RCC structure which happens due to variation in temperature of more than 20 degree centigrade which do not amount of the structural defects and hence cannot be attributed to either bad workmanship or structural defects. It is expressly agreed that before any liability of defect is claimed by or on behalf of the allottee it shall be liable necessary to rectify appoint an expert/ surveyor to be nominated by the architect of the said project, who shall survey and reinstate assess the same at his/her/its/their own costsand then submit report to state the defects in material used in the structure and in the workmanship executed.

Appears in 6 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter defect liability mentioned herein this agreement shall not be liable in respect subject to the allottee ot making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification fo any structural of the installed or provided components, facilities, fitments, finished. Any breakage or damage, intentional or unintentional defect or defects on account of workmanship, quality or provision of service or natural change caused due to negligence of allottee, subsequent to possession in the onslaught of natural elements, which cannot be attributable apartments or areas appurtenant to the Promoter or beyond apartment will be covered under the control defect liability. Provided however that the warranty of the Promoterfitments, machines or products etc. After for which there is a separate warranty rendered by the Possession Datemanufacture/ supplier of such fitments, machines or products etc. shall prevail & supersede any damage due defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty liability provided by such manufacture/supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to wear the warranty liability provided by such manufacturer/supplier and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costs.shall

Appears in 5 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after Provided that the Said Apartment is handed over defect liability mentioned herein this agreement shall be subject to the Allottee and/or the maintenance allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the Schedule A Property is handed over installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the Association apartment will not be covered under the defect liability. Provided also that the benchmark of allottees the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or at all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify provide any cure/cover over and reinstate above the same at his/her/its/their own coststerms and conditions of such respective warranties.

Appears in 5 contracts

Samples: Agreement for Sale, Sale Agreement, Agreement for Sale

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over obtaining completion certificate and Notice of possession, it shall be the duty of the Promoter to rectify such defects through the structural engineer without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein 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 its obligations contained in clause 14 hereinabove. The Promoter shall obtain all such insurances, including but not limited to insurance of this Project including Land and the cost of such Insurance till transfer of the Insurance in favor of the Association of Apartment Owners. shall form part of the common expenses proportionate share whereof shall be borne by the Allottees. After expiry of the Insurance the Association of Allottees shall be responsible for renewing the same. It is clarified that the above said responsibility of the Promoter shall not cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Owner or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/equipments (v) accident and (iv) negligent use. Warranty for all consumables or equipments used such as generators, lifts, fittings and fixtures, will be as provided by the respective manufacturers on their standard xxxxx.Xx is agreed and recorded that the allottee of flats should also pay maintenance charges for maintenance of the project and its facilities and amenities during the period of first five years and thereafter. In case non-payment of maintenance charges by the allottee and there being discontinuation of proper maintenance in that event the promoter should not be held as liable as default on its part under this clause. Notwithstanding anything contained in the above clause the following exclusions are made : a. Equipment (lifts, generator, motors, STP, transformers, gym equipment etc) which carry manufacturer’s guarantees for a limited period. Thereafter the welfare association /society shall take annual maintenance contract with the suppliers. The Promoter shall transfer manufacturers guarantees / warrantees to the allottee or association of allottees as the case may be. 12.2b. Fittings related to plumbing, sanitary, electrical, hardware, etc. That after having natural wear and tear. c. Allowable structural and other deformations including expansion quotient. d. The terms of work like painting etc. which are subject to wear and tear. Provided that where the Said Apartment is handed over manufacturer warranty as shown by the Promoter to the Allottee and/or ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to said Unit/building/phase wing and if the Association of allottees annual maintenance contracts are not done /renewed by the allottees, the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes defects occurring due to the structural wallssame. The Project as a whole has been conceived, flooring, any additional construction implemented in designed and constructed based on the duct areas) or any part of the said Building commitments and warranties given by the Allottee or for any failureVendors/Manufacturers that all equipments, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within fittings shall be maintained and covered by maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Said Apartment or by any or all Apartments and the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and servicesCommon project amenities wherever applicable. The Allottee understands has been made aware and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided expressly agrees that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to regular wear and tear of whatsoever nature the Unit/Building/phase/wing excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20* C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused structure built by the Allottee Unit /phase/wing and in the Allottee alone shall be liable to rectify and reinstate workmanship executed keeping in mind the same at his/her/its/their own costsaforesaid agreed clauses of this Agreement.

Appears in 5 contracts

Samples: Agreement for Sale, Agreement for Sale, Buyers Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionpossession or the date of issue the completion / occupancy certificate, whichever is earlier, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after It is expressly agreed and understood that in case the Said Apartment is handed over Allottee, without first notifying the Promoter and without giving to the Promoter the opportunity to inspect assess and determine the nature of such defect, alters the state and condition of such defect, then the Promoter shall be relieved of its obligations contained in the para immediately preceding and the Allottee and/or shall not be entitled to any cost or compensation in respect thereof. The Project as a whole has been conceived, designed and constructed based on the maintenance commitments and warranties given by the vendors/manufacturers that all equipments, fittings and fixtures shall be maintained and covered by the maintenance/warranty contracts in order to continue the warranty in both the Apartment and the common amenities/facilities in the Project. It is also agreed that the obligation and liability of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence arise if the defect has arisen owing to act or defect liability on account omission of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for the Association of Allottees and/or any failure, negligence in implementing other person or if the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use related annual maintenance contract and other licenses are not validly maintained by the Allottee Allottee/Association of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and servicesAllottees/Competent Authority. The Allottee understands has been made aware and accepts expressly agrees that in any the regular wear and tear of the above acts Apartment/Building Block/Project excludes minor hairline cracks on the external and internal walls (excluding RCC structure) which happens due to variation of temperature and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or omissions structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of the Allottee/Association of Allottees, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects it shall be rectified by the Promoter at his own cost and in case it is not possible necessary to rectify such defects, then Allottee appoint an expert who shall be entitled a nominated surveyor who shall survey and assess the same and then submit a report to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of state whether there is any structural defect or defects on account of any other defect in workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control services in terms of the Promoter. After the Possession Date, any damage due to wear and tear aforesaid agreed clauses of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own coststhis Agreement.

Appears in 4 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. 12.2 That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees owners, the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting fittings within the Said Apartment or by any or all the allottees allottees, service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. 12.3 If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costs.

Appears in 4 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after Provided however, The Allottee/s shall not, without the Said Apartment is handed over to the Allottee and/or the maintenance prior written consent of the Schedule A Property is handed over concerned Local Authority as well as Promoter to the Association carry out any alterations of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented whatsoever nature in the Said Apartment (including changes to the structural walls, flooring, said Unit or make any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that alterations in any of the above acts fittings, pipes, water supply connections as this may result in seepage of water. The Allottee/s shall also not chisel or omissions by cause damage to the Allotteecolumns, beams, walls, slabs, R.C.C. members and other structural members or damage the water proofing of the flooring of the said Unit and do or omit to do any act which may result in damage to the said Unit. If any of such works are carried out without the written consent of the Promoter, the Defect Liability liability of the Promoter under the Real Estate (Regulation and Development) Xxx 0000 to rectify defects automatically shall become void and Allottee/s shall be liable to pay all costs and damages towards restoration, repairs etc. arising from such unauthorized works. Notwithstanding anything to the Said Apartment will automatically contrary contained hereinabove as regards Items/ Goods/ Systems such as Lifts, Fire-Fighting Equipment, Solar Heating System, Sewage Treatment Plant, Organic Waste Converter, Sanitary Fittings, C.P. Fittings, Electrical and forthwith lapse. 12.3Electronic peripherals, Doors and hardware, Windows, Tiles, Glass, Wooden Flooring etc. procured from manufacturers / third parties, to be provided by the Promoter in the said Project and/or in the said Unit, the Promoter’s liability for any manufacturing defects therein shall be concurrent with and be limited to the period of Warranty given by the Manufacturers of such Items/ Goods/ Systems and shall not extend beyond such periods. Further, such warranties pertaining to such Items/ Goods/ Systems which require periodic maintenance shall become null and void if such periodic maintenance is not attended to by the Allottee / Co-operative Housing Society formed of the purchasers of Flats/ Units in the said Project. If the Allottee brings to the notice of the Promoter there is any structural dispute regarding any defect in the Said Apartment / said Building building or material used within a period stipulated under the relevant Laws five years from the date of handing over possession, then first the Allottee/s shall inform the customer care department of the Said Apartment to Promoter and resolve the Allottee, or any genuine issues amicably and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations thereinmutually. Provided that the The Promoter shall not be liable arrange inspection through its engineer in respect of any structural defect or the defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage and if it is found that such defects are due to wear and tear / non periodic maintenance / misuse / mishandling of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1)materials / unit / building, the then Promoter shall would not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify such defects. Promoter would also not be liable to rectify the defects like minor hairline cracks on the external and reinstate internal walls including RCC structure which might occur due to variation of heat intensity / weathering as these do not affect the same structural stability of the Building and hence does not amount to structural defect or bad workmanship defect. Allottee/s shall be at hisliberty to approach concern authority and refer the matter for the decision of Adjudicating Officer appointed under the said Act in the event of defects being not resolved to his / her satisfaction by the Promoter. The Purchasers with prior permission of the Promoters and on furnishing necessary undertaking/her/its/their own costs.declaration shall take soft possession of the said Premises for carrying out internal changes / interior works in the said Premises. The said internal changes / interior works shall be done by Purchasers as per the rule and regulation and guidelines of the prevailing laws. The Purchasers shall be liable for any mishap or entire acts of the external agency appointed by him or its agents or contractor or sub contractor. The Purchasers hereby declares that the Purchasers shall not claim for any deficiency or defect on account of the work done by the Purchasers or his external agency under above para

Appears in 3 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A 'A' Property is handed over to the Association of allottees Allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees Allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costs.

Appears in 3 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. 8.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale this Agreement relating to such development development, is brought to the notice of the Promoter by the Allottee within a period of 5 five (five5) years by the Allottee from the date of handing over possessionpossession of the Apartment, it the Promoter shall be the duty of the Promoter responsible to rectify such defects without further charge, within 30 (thirty) days, days and in the event of the Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under Applicable Laws for the Act. 12.2time being in force. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees Provided that, the Promoter shall not be responsible liable for any consequence defect or defect liability deficiency occasioned on account of any change implemented in act or omission on the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing authority or third party over whom the interior decoration of the Said Apartment, act Promoter has no control or omission, obstruction, alteration, modification, restraint any defect or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards deficiency which is not attributable to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that further that, the Promoter shall not be liable in respect for any manufacturing or other defects of any branded inputs or fixtures or services of any third party, unless it results in a structural defect. 8.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances: 8.2.1 If there are changes, modifications or alterations in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or for any defects on account of workmanship, quality in plumbing pipes and fittings and fixtures that have developed directly or provision of service or natural change indirectly due to such changes; 8.2.2 If there are changes, modifications or alterations in electrical lines and wirings after handing over possession of the onslaught Apartment unto the Allottee, the Promoter will not take any responsibility for any defects in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations; 8.2.3 If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter will not take responsibility of natural elementsdoor locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, which canmodifications or alterations; 8.2.4 If the Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defects like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be attributable the responsibility of the Promoter; 8.2.5 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 need to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same rectified at its own cost; 8.2.6 If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or beyond his / her agents in the manner in which same is required to be maintained; 8.2.7 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 Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter. After Promoter and not amounting to poor workmanship or manufacture thereof; and/or 8.2.8 If the Possession Date, any damage Architect certifies that such defects are not manufacturing defect or due to wear poor workmanship or poor quality. 8.3 Notwithstanding anything hereinbefore contained, it is hereby expressly agreed and tear 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 whatsoever nature is caused to thereto (save the purported defect in the Apartment, alters the state and except condition of the defects as mentioned in Clause 12.1)area of the purported defect, then the Promoter shall not be responsible for the cost relieved of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsits obligations contained in Clause 8.1 hereinabove.

Appears in 3 contracts

Samples: Sale Agreement, Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over obtaining completion certificate and Notice of possession, it shall be the duty of the Promoter to rectify such defects through the structural engineer without further charge, within 30 (thirty) days, and in the event of Promoter's Xxxxxxxx’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein 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 its obligations contained in clause hereinabove. The Promoter shall obtain all such insurances, including but not limited to insurance of this Project and the cost of such Insurance till transfer of the Insurance in favor of the Association of Apartment Owners. shall form part of the common expenses proportionate share whereof shall be borne by the Allottees. It is clarified that the above said responsibility of the Promoter shall not cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Owner or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/equipments (v) accident and (iv) negligent use. Warranty for all consumables or equipments used such as generators, lifts, fittings and fixtures, will be as provided by the respective manufacturers on their standard terms. It is agreed and recorded that the allottee of flats should also pay maintenance charges for maintenance of the project and its facilities and amenities during the period of first five years and thereafter. In case non-payment of maintenance charges by the allottee and there being discontinuation of proper maintenance in that event the promoter should not be held as liable as default on its part under this clause. Notwithstanding anything contained in the above clause the following exclusions are made a. Equipment (lifts, generator, motors, STP, transformers, etc) which carry manufacturer’s guarantees for a limited period. Thereafter the welfare association /society shall take annual maintenance contract with the suppliers. The Promoter shall transfer manufacturers guarantees/warrantees to the allottee or association of allottees as the casec may be, b. Fittings related to plumbing, sanitary, electrical, hardware, etc. having natural wear and tear. 12.2c. Allowable structural and other deformations, deviations, misalignments including expansion quotient. d. The terms of work like painting etc. That after which are subject to wear and tear. Provided that where the Said Apartment is handed over manufacturer warranty as shown by the Promoter to the Allottee and/or ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to said Unit/building/phase wing and if the Association of allottees annual maintenance contracts are not done /renewed by the allottees, the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes defects occurring due to the structural wallssame. The Project as a whole has been conceived, flooring, any additional construction implemented in designed and constructed based on the duct areas) or any part of the said Building commitments and warranties given by the Allottee or for any failureVendors/Manufacturers that all equipments, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within fittings shall be maintained and covered by maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Said Apartment or by any or all Apartments and the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and servicesCommon project amenities wherever applicable. The Allottee understands has been made aware and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided expressly agrees that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to regular wear and tear of whatsoever nature the Unit/Building/phase/wing excludes minor hairline cracks on the external and internal walls including the RCC structure which happens due to variation in temperature of more than 20* C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused structure built by the Allottee Unit /phase/wing and in the Allottee alone shall be liable to rectify and reinstate workmanship executed keeping in mind the same at his/her/its/their own costsaforesaid agreed clauses of this Agreement.

Appears in 3 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first unit of the 2nd (Second) Phase of the project; it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottee’s shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after Provided that the Said Apartment is handed over defect liability mentioned herein this agreement shall be subject to the Allottee and/or the maintenance allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the Schedule A Property is handed over installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the Duplex / Row Houses or areas appurtenant to the Association Duplex / Row House will not be covered under the defect liability. Provided also that the benchmark of allottees the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or at all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify provide any cure/cover over and reinstate above the same at his/her/its/their own coststerms and conditions of such respective warranties.

Appears in 3 contracts

Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. 12.100.0. It Xx is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's Xxxxxxxx’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.200.0. That after the Said Apartment Xx is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for agreed that in case any consequence or structural defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part other defect in workmanship, quality or provision of the said Building by the Allottee services or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability obligations of the Promoter towards as per the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings Agreement for Sale relating to such development is brought to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under of 5 (five) years by the relevant Laws Allottee from the date of handing over possession, save those as mentioned in clause 13.3 below, it shall be the duty of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defectsdefects without further charge, then within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive from the Promoter, appropriate compensation for such defect in the manner as provided under applicable laws for the Act and the Rules and Regulations thereintime being in force. 13.3. Provided that the The Promoter shall not be liable to rectify any defect occurring under the following circumstances: (i) If there are changes, modifications or alteration in respect plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee taking over possession of the Apartment, 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 or alteration in electrical lines and wirings after said possession unto the Allottee, the Promoter will not take any responsibility of any structural defect in electrical lines and wirings that have developed directly or defects on account of workmanship, quality or provision of service or natural change indirectly due to such changes, modifications or alterations; (iii) If there are changes, modifications or alterations in doors, windows or other related items, then the onslaught Promoter will not take responsibility of natural elementsdoor locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, which canmodifications or alterations; (iv) If the Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment by making any changes in the 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 or changes will not be attributable 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 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 and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or beyond 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 Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter. After Promoter and not amounting to poor workmanship or manufacture thereof. (viii) If the Possession Date, any damage Architect certifies that such defects are not manufacturing defect or due to wear poor workmanship or poor quality. Notwithstanding anything hereinbefore contained it is hereby expressly agreed and tear 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 whatsoever nature is caused to thereto (save purported defect in the Apartment, alters the state and except condition of the defects as mentioned in Clause 12.1)area of the purported defect, then the Promoter shall not be responsible relieved of its obligations contained in clause 14 hereinabove. 13.4. The Promoter/maintenance agency/Association of Allottee shall have the right of unrestricted access of all Common Areas, parking spaces for the cost of re-instating and/or repairing such damage caused by the Allottee providing necessary maintenance services and the Allottee alone shall be liable agrees to rectify permit the Promoter / Association of Allottee and/or maintenance agency to enter into the Apartment or any part thereof, after due notice and reinstate during normal working hours, unless the same at his/her/its/their own costscircumstances warrant otherwise, with a view to set right any defect.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. 12.1. 13.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee(s) from the date of handing over possession, save those as mentioned in clause 13.2 below, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottee(s) shall be entitled to receive / recover appropriate compensation in the manner as provided under applicable laws for the Acttime being in force. 12.2. That 13.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances: i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Said Allottee(s) taking over possession of the Apartment, 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 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 or alterations; iii) If there are changes, modifications or alterations in doors, windows or other related 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 or alterations; iv) If the Allottee(s) after taking actual physical possession of the Apartment, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment by making any changes in the 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 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 and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) or his / her agents in the manner in which same is handed over 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 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) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. 13.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the Allottee fault of the Promoter AND FURTHER PROVIDED THAT the same has not been caused and/or occasioned directly and/or indirectly, by/due to any act of commission and/or omission of any act, deed or thing of/by the Allottee(s) and/or of/by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. AND FURTHER PROVIDED THAT no steps have been/or taken by the Promoter of his/her/their/its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding. 13.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s)(s) ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to said Apartment wing and if the Association of allottees annual maintenance contracts are not done/renewed by the Allottee(s)(s), the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change occurring due to the onslaught of natural elementssame. The said Project as a whole has been conceived, which cannot be attributable to designed and constructed based on the Promoter or beyond the control of commitments and warranties given by the Promoter/Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. After The Allottee(s)(s) has/have been made aware and the Possession Date, any damage due to Allottee(s)(s) expressly agree(s) that the regular wear and tear of whatsoever nature the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20* C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s)(s) it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement. 13.5 Notwithstanding anything herein 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 Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall not be responsible for the cost relieved of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsits obligations contained in clause 13 hereinabove.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or defector any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Developer as per the agreement for sale relating to such development is brought to the notice of the Promoter Developer within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter Developer to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's Developer’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. 14.1 The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: i) If there are changes, modifications or alteration in respect plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee taking over possession of the Apartment, 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 or alteration in electrical lines and wirings after said possession unto the Allottee, the Promoter will not take any responsibility of any structural defect in electrical lines and wirings that have developed directly or defects on account of workmanship, quality or provision of service or natural change indirectly due to such changes, modifications or alterations; iii) If there are changes, modifications or alterations in doors, windows or other related items, then the onslaught Promoter will not take responsibility of natural elementsdoor locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, which canmodifications or alterations; iv) If the Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment by making any changes in the 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 or changes will not be attributable 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 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 and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or beyond 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 Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter. After Promoter and not amounting to poor workmanship or manufacture thereof. viii) If the Possession Date, any damage Architect certifies that such defects are not manufacturing defect or due to wear poor workmanship or poor quality. Notwithstanding anything hereinbefore contained it is hereby expressly agreed and tear 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 whatsoever nature is caused to thereto (save purported defect in the Apartment, alters the state and except condition of the defects as mentioned in Clause 12.1)area of the purported defect, then the Promoter shall not be responsible for the cost relieved of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsits obligations contained in clause 15 hereinabove.

Appears in 2 contracts

Samples: Agreement for Sale, Sale Agreement

DEFECT LIABILITY. 12.1. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionobtaining Completion Certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after It is clarified that the Said Apartment is handed over said responsibility of the Promoter shall not cover defects, damage, or malfunction resulting from (i) misuse or negligent use (ii) unauthorised modifications or repairs done by the Allottee or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/equipments and (v) accidents. Provided that where the manufacturer’s warranty as shown by the Promoter to the Allottee and/or Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to said Apartment but the Association of allottees annual maintenance contracts are not done/renewed by the Allottee(s), the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change occurring due to the onslaught of natural elementssame. The said Project as a whole has been conceived, which cannot be attributable to designed and constructed based on the Promoter or beyond the control of commitments and warranties given by the Promoter/Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. After The Allottee(s) has/have been made aware and the Possession Date, any damage due to Allottee(s) expressly agree(s) that the regular wear and tear of whatsoever nature the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200 C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for structure of the cost Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own coststhis Agreement.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionobtaining completion certificate, it shall be the duty of the Promoter to commence the work to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or Provided however that the maintenance changes are upto date paid by allottee. Provided That the obligation or liability of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence arise if the defect has arisen owing to act or defect liability on account omission of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for Association of Allottees and/or any failure, negligence in implementing other person or if the interior decoration of portion alleged to have the Said Apartment, act defect has already been altered before the Promoter is able to view the same or omission, obstruction, alteration, modification, restraint or improper use if the related annual maintenance contracts and other licenses are not validly maintained by the Allottee association of any of the internal fixtures and fitting within the Said Apartment allottees or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and servicescompetent authority. The Allottee understands and accepts It is clarified that in any of the above acts or omissions by the Allottee, the Defect Liability said responsibility of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Owner or its nominee/agent, (iii) cases of any structural defect or defects on account of workmanship, quality or provision of service or natural change due force majeure (iv) failure to maintain the onslaught of natural elements, which cannot be attributable to amenities/equipment (v) accident and (iv) negligent use. The Allottee has been made aware and the Promoter or beyond Allottee expressly agrees that the control of the Promoter. After the Possession Date, any damage due to regular wear and tear of whatsoever nature the Unit/Building/Phase and minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20 degree Celsiusand which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee it shall be necessary to thereto (save appoint an expert who shall be nominated by the architect of the project who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for structure and in the cost workmanship executed keeping in mind the aforesaid agreed clauses of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own coststhis Agreement.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date issuance of handing over possessionthe occupancy/completion certificate by the Kolkata Municipal Corporation and the same being certified by the Architect for the time being for the Project occurred due to the acts of the Promoter, it shall be the duty of the Promoter to proceed to rectify such defects without further charge, change within 30 (thirty) days, and in the event of Promoter's failure to proceed to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any structural defect person appointed by him or defects on account of workmanshipacting under him or under his instructions) or arising due to any normal wear and tear caused and/or occasioned, quality directly or provision of service indirectly, by or natural change due to the onslaught delay on the part of natural elements, which canthe Allottee in taking timely hand over of the Allotted Apartment in the manner stipulated in and subject to the terms of the Agreement or not be using the Allotted Apartment or due to reasons not solely attributable to the Promoter or beyond if the control related annual maintenance contracts and the licenses are not validly maintained by the Association of the PromoterAllottees. After Provided Further that it is declared by the Possession DatePromoter and the Allottee hereby acknowledges that any manufacturing or other defect in any branded inputs or fixtures or services of a third party; and/or any equipments (including but not limited to generators, motors, sewage treatment plants, transformers and gym equipment) which carry manufacturer’s guarantees for a limited period; and/or fittings relating to plumbing, sanitary, electrical, hardware, etc. having natural wear and tear; and/or allowable structural and other deformations including expansion quotient or non-structural cracks appearing in the external and internal walls of structures on account of variations in temperature or any damage other defects due to wear occurrence of force majeure event(s) shall not be covered under this clause. Notwithstanding anything herein contained it is hereby expressly agreed and tear 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 whatsoever nature is caused to thereto (save purported defect in the Apartment, alters the state and except condition of the defects as mentioned in Clause 12.1)area of the purported defect, then the Promoter shall not be responsible for the cost relieved of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsits obligations contained hereinabove in this clause.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years by the Allottee from the date of handing over possessionoccupancy certificate and/or partial occupancy certificate of the building in which the Unit is situated, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. Act Provided Further That after the Said Apartment is handed over to the Allottee and/or the maintenance obligation or liability of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for arise if the defect has arisen owing to any consequence Force Majeure event or defect liability on account of any change implemented in the Said Apartment (including changes to the structural wallsfrom misuse/negligent use, flooringunauthorized modifications, any additional construction implemented in the duct areas) or any part of the said Building accidents by the Allottee or for any failure, negligence in implementing the interior decoration owing to act or omission of the Said Apartment, act Allottee or omission, obstruction, alteration, modification, restraint any other allottees or improper use Association of allottees and/or any other person or owing to failure to maintain the equipments/amenities in the Whole Complex by the Allottee or any other allottees or Association of any of allottees or if the internal fixtures and fitting within portion alleged to have the Said Apartment defect has already been altered before the Promoter is able to view the same or by any or all if the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control related annual maintenance contracts and other general safety equipment, related facilities and serviceslicenses are not validly maintained by the association of allottees or competent authority. The Allottee understands and accepts is/are aware that in any change, alteration including breaking of the above acts walls or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in members or the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect construction of any new wall or structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. After The Allottee has been made aware and expressly agrees that the Possession Date, any damage due to regular wear and tear of whatsoever nature is caused the Apartment/Building Block/Project excludes minor hairline cracks on the external and internal walls (excluding RCC structure) which happens due to thereto (save variation of temperature and except which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. The decision of the defects as mentioned Architect in Clause 12.1), respect of the matter referred to in this clause shall be final and binding upon both the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsAllottee.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter (i) That if within a period of 5 (five) five years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards Premises to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under Premises or the relevant Laws from building in which the date of handing over of the Said Apartment to the Allottee, said Premises are situated or any genuine and not perceived or purported defect defects on account of workmanship or provision of service thenquality, wherever possible such defects shall be rectified by the Promoter at his its own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to may receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. RERA; Provided however, that the Promoter Allottee/s shall not be liable carry out any alterations of whatsoever nature in respect the said Premises and in specific the structure of the said Premises/wing of the said building which shall include but not limit to columns, beams etc., in particular it is hereby agreed that the Allottee shall not make any structural addition or alterations in any pipes, water supply connections or any addition or alteration in the bathroom, toilet and kitchen, which may result in seepage of the water. If any such addition or alteration is carried out without the written consent of the Promoter the defect or defects liability automatically shall become void. The word “defect” here means only the manufacturing and workmanship defect/s caused on account of workmanship, quality or provision of service or natural change due to willful neglect on the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control part of the Promoter. After the Possession Date, any damage due to and shall not mean defect/s caused by normal wear and tear and by negligent use of whatsoever the said Premises by the Occupants, vagaries of nature is caused etc.; (ii) That it shall be the responsibility of the Allottee to thereto maintain the said Premises in a proper manner and take all due care needed including but not limiting to the joints in the tiles in the said Premises are regularly filled with white cement/epoxy to prevent water seepage; (save and except iii) That further where the manufacturer warranty as shown by the Promoter to the Allottee ends before the defects as mentioned in Clause 12.1)liability period and such warranties are covered under the maintenance of the said Premises/ building/ phase/ wing, and if the annual maintenance contracts are not done/renewed by the Allottee/s, the Promoter shall not be responsible for any defects occurring due to the cost of re-instating and/or repairing such damage caused same; (iv) That the project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Allottee vendors/manufacturers, that all equipment, fixtures, and fittings shall be maintained and covered by maintenance/warranty contracts so as it to be sustainable and in proper working condition to continue warranty in both the premises and the common project amenities wherever applicable. The Allottee alone shall not do any act or omission which invalidates any of the warranties in respect of equipment, fixtures and fittings provided by the Promoter; (v) That the Allottee has been made aware and that the Allottee expressly agrees that the regular wear and tear of the said Premises/ building/ wing includes minor cracks on the external and internal walls excluding the RCC structure 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; (vi) That it is expressly agreed that before any liability of defect is claimed by or on behalf of the Allottee, it shall be liable necessary to rectify jointly appoint an expert who shall be a nominated surveyor who shall survey and reinstate access the same at hisand shall then submit a report to state the defects in materials used, in the structure built of the Premises/herBuilding/its/their own costswing and in the workmanship executed taking into consideration of the clauses of this agreement.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or in construction (excluding any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development purchased materials and/or items) is brought to the notice of the Promoter Developer within a period of 5 (five) years by the Allottee from the date of handing over deemed possession, it the Developer shall be the duty of the Promoter take steps to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's Developer’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided However that the Promoter Developer shall not be liable under any circumstances if any additions, alterations and/or modifications etc. have been made in respect of the Buildings, Common Areas and/or any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the PromoterApartment Units by the Allottees including the Allottee herein and/or if there is any deviation found from the sanctioned Building Plan. After It is further made clear that the Possession Datestructural defect, any damage if any, must be certified by a licensed Architect 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 whatsoever the Allottees and/or occupants of the Building. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottees, without first notifying the Developer and without giving the Developer the reasonable opportunity to inspect, assess and determine the nature is caused to thereto (save of purported defect in the Apartment, alters the state and except condition of the defects as mentioned area of the purported defect, then the Developer shall be relieved of its obligations contained hereinabove in Clause 12.1)this clause. However, the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee has been made aware and the Allottee alone expressly agrees that the regular wear and tear of the Residential Complex excludes minor hairline cracks on the external and internal walls excluding RCC structure which happens due to variation in temperature of more than 20 degree centigrade which do not amount of the structural defects and hence cannot be attributed to either bad workmanship or structural defects. It is expressly agreed that before any liability of defect is claimed by or on behalf of the allottee it shall be liable necessary to rectify appoint an expert/ surveyor to be nominated by the architect of the said project, who shall survey and reinstate assess the same at his/her/its/their own costsand then submit report to state the defects in material used in the structure and in the workmanship executed.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee/s from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottee/s shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. 12.2 That after the Said Apartment is handed over to the Allottee Allottee/s and/or the maintenance of the Schedule A Property is handed over to the Association of allottees owners, the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee Allottee/s or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee Allottee/s of any of the internal fixtures and fitting fittings within the Said Apartment or by any or all the allottees Allottees, service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by . 12.3 If the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee /s brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee/s, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee Allottee/s shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee Allottee/s and the Allottee Allottee/s alone shall be liable to rectify and reinstate the same at his/her/its/their own costs.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or Itisagreedthatincaseanystructuraldefectoranyotherdefectinworkmanship,qualityorprovisionof servicesor any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the tothenoticeofthePromoterwithinaperiodof2(two)yearsbytheAllotteefromthe date of handing over possessionobtaining completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 60 (thirtySixty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after The Promoter hereto declare that upon delivery of the Said possession of the Apartment is handed over to the Allottee Apartment owners, the liability of the external maintenance like repairing or colouring et cetera of the said Building shall be upon the Apartment Owners and/or Association, as the case may be.The Promoter shall not have any liability to maintain internal pipeline or internal electric line and shall not have any liability regarding sweeper. The Promoter shall have the liability to maintain the outside and common pipeline. But if the common pipeline or the outside pipeline is blocked by any of the Apartment ownersdue to throwing of choking substance or hazardous substance by the respective Apartment ownersand in such circumstances the respective Apartment owners shall have to bear the cost of the maintenance and the cost of clearing the Schedule A Property is handed over to the Association of allottees , the choking substance. 12.3. The Promoter shall not be responsible for liable to rectify any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated occurring under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it following circumstances: i. It is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided clarified that the Promoter shall not be liable for any such defects if the same has been caused by reason of the default and/or negligence of the Allottees and/or any other allottees in respect the Project or acts of any structural defect third party(ies) or defects on account of workmanshipany force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees and/or any other allottee/person in the Project. ii. If there are changes, quality modifications or provision alteration in plumbing pipes and/or fittings and/or fixtures orchange of service wall or natural change floor tiles after the Allottee taking over possession of the Apartment, the Promoterwill 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; iii. If there are changes, modifications or alteration in electrical lines and/orwiring's after said possession unto the onslaught Allottee, the Promoterwill not take any responsibility of natural elementsany defect in electrical lines and wiring's that have developed directly or indirectly due to such changes, which canmodifications or alterations; iv. If there are changes, modifications or alterations in doors, windows or other related 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 or alterations; v. If the Allottee executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment or by making any changes in the 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 or changes will not be attributable to entertained by the Promoter; vi. If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or beyond his / her agents in the manner in which same is required to be maintained; vii. Iny electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Portions and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the PromoterPromoter and not amounting to poor workmanship or manufacture thereof. viii. After If the Possession Date, any damage Architect certifies that such defects are not manufacturing defect or due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costspoor workmanship or poor quality.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. 12.1. 13.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, save those as mentioned in clause 14.2 below, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under applicable laws for the Acttime being in force. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. 13.2 The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: (i) If there are changes, modifications or alteration in respect plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee taking over possession of the Apartment, 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 or alteration in electrical lines and wirings after said possession unto the Allottee, the Promoter will not take any responsibility of any structural defect in electrical lines and wirings that have developed directly or defects on account of workmanship, quality or provision of service or natural change indirectly due to such changes, modifications or alterations; (iii) If there are changes, modifications or alterations in doors, windows or other related items, then the onslaught Promoter will not take responsibility of natural elementsdoor locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, which canmodifications or alterations; (iv) If the Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment by making any changes in the 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 or changes will not be attributable 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 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 and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or beyond 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 Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter. After Promoter and not amounting to poor workmanship or manufacture thereof. (viii) If the Possession Date, any damage Architect certifies that such defects are not manufacturing defect or due to wear poor workmanship or poor quality. Notwithstanding anything hereinbefore contained it is hereby expressly agreed and tear 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 whatsoever nature is caused to thereto (save purported defect in the Apartment, alters the state and except condition of the defects as mentioned in Clause 12.1)area of the purported defect, then the Promoter shall not be responsible relieved of its obligations contained in clause 14 hereinabove. 13.3 The Promoter/maintenance agency/Association of Allottees shall have the right of unrestricted access of all Common Areas, parking spaces for the cost of re-instating and/or repairing such damage caused by the Allottee providing necessary maintenance services and the Allottee alone shall be liable agrees to rectify permit the Promoter / Association of Allottees and/or maintenance agency to enter into the Apartment or any part thereof, after due notice and reinstate during normal working hours, unless the same at his/her/its/their own costscircumstances warrant otherwise, with a view to set right any defect.

Appears in 2 contracts

Samples: Construction Contract, Not Specified

DEFECT LIABILITY. 12.1. 11.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale this Agreement relating to such development is brought to the notice of the Promoter within a period of 5 five (five5) years by the Allottee Allottee(s) from the date of handing over possessionpossession or Deemed Date Of Possession, whichever is earlier, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 thirty (thirty30) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee Allottee(s) shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after 11.2 In case any such structural defect or any other defect in workmanship, quality or provision of services reasonably & in the Said Apartment is handed over ordinary course requires additional time beyond the said 30 (thirty) days having regard to the Allottee and/or the maintenance nature of the Schedule A Property is handed over to the Association of allottees defect, the then Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes entitled to the structural wallssuch additional time period, flooringprovided, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment an intimation thereof has been provided to the Allottee, or any genuine prior to the expiry of the said initial 30 (thirty) days. The Parties shall mutually work upon and not perceived or purported defect on account agree to a reasonable and justifiable additional time period for rectification of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be . The Allottee(s)hereby agrees to such additional time / extension of time without being entitled to or making any claim to receive from the Promoter, appropriate compensation for such defect in the manner as provided under the Act and / or otherwise under Applicable Law. 11.3 Promoter shall not be liable for rectification of any defect if the Rules same has resulted due to natural wear and Regulations thereintear, alterations, misuse, and deviation from conditions of usage, and any act, omission or negligence attributable to the Allottee(s)or the Owner’s Association. Provided Intrinsically, breakable or degradable items like tiles, stones, wooden items, glass, aluminum items, façade, doors and windows and such like shall not be covered under Defect Liability and the same shall not rectified by the Promoter. 11.4 The Allottee(s) confirms and agrees that all fittings, fixtures etc. shall be made functional at the time of handing over the possession of the Unit but the maintenance thereof shall be the responsibility of the Allottee. The Allottee(s) further understands that there is a fundamental difference between hand over of the building / constructions or infrastructure services and systems free from defects on the one hand and requirement of timely, appropriate and adequate maintenance of handed over building / constructions or infrastructure services and systems so as to maintain aesthetic appearance and / or defect free functioning which by its very nature is a lifelong process. Accordingly, the continued maintenance including consumables and spare parts of the systems handed over would not be the responsibility of the Promoter, and the Promoter shall not be liable in respect for rectification of any structural defect defects resulting from improper or defects on account lack of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own coststimely maintenance.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. 12.1. (i) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Vendor as per the agreement for sale relating to such development is brought to the notice of the Promoter Vendor within a period of 5 (five) years by the Allottee Allottee(s) from the date of handing over possession, it shall be the duty of the Promoter Vendor to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterVendor 's failure to rectify such defects within such time, the aggrieved Allottee Allottee(s) shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment (ii) It is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided clarified that the Promoter shall not be liable for any such defects if the same have been caused by reason of the default and/or negligence of the Allottee and/or any other allottees in respect the Real Estate Project or acts of any structural defect third party(ies) or defects on account of workmanshipany force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottee is/are aware that the Said Tower/Building is a monolithic structure and any change(s), quality alteration(s) including breaking of walls or provision any structural members or the construction of service any new wall or natural change due to structural member may adversely impact the onslaught of natural elements, which cannot be attributable to the Promoter Said Tower/Building at various places or beyond the control in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter. After ’s obligation to rectify any defect(s) or compensate for the Possession Date, any damage due to wear same as mentioned in this Clause and tear the Allottee and/or the association of allottees shall have no claim(s) of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), against the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsin this regard.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or defector any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Developer as per the agreement for sale relating to such development is brought to the notice of the Promoter Developer within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter Developer to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's Developer’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That 14.1 The Developer shall not be liable to rectify any defect occurring under the following circumstances: i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Said Apartment is handed Allottee taking over possession of the Apartment, the Developer 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 or alteration in electrical lines and wirings after said possession unto the Allottee, the Developer will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations; iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Developer 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 or alterations; iv) If the Allottee and/or the maintenance after taking actual physical possession of the Schedule A Property is handed over Apartment, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment by making any changes in the 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 or changes will not be entertained by the Developer; 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 walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to the Association of allottees , 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 and fittings and fixtures provided by the Developer are not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building being maintained by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their his / her agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as in which same is required to be maintained. vii) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided under by the Act and Developer in the Rules and Regulations therein. Provided that Common Areas and/or in the Promoter shall not be liable in respect Apartment going out of any structural defect order or defects on account of workmanship, quality or provision of service or natural change malfunctioning due to the onslaught of natural elements, which canvoltage fluctuations or other reasons not be attributable to the Promoter or beyond under the control of the Promoter. After Developer and not amounting to poor workmanship or manufacture thereof. viii) If the Possession Date, any damage Architect certifies that such defects are not manufacturing defect or due to wear poor workmanship or poor quality. Notwithstanding anything hereinbefore contained it is hereby expressly agreed and tear understood that in case the Allottee, without first notifying the Developer and without giving theDeveloper the reasonable opportunity to inspect, assess and determine the nature of whatsoever nature is caused to thereto (save purported defect in the Apartment, alters the state and except condition of the defects as mentioned in Clause 12.1)area of the purported defect, then the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone Developer shall be liable to rectify and reinstate the same at his/her/its/their own costsrelieved of its obligations contained in clause 15 hereinabove.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionCompletion Certificate, save those as mentioned in clause 12.2 below, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. 12.2 The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: i) If there are changes, modifications or alteration in respect plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee taking over possession of the Apartment, 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 or alteration in electrical lines and wirings after said possession unto the Allottee, the Promoter will not take a responsibility of any structural defect in electrical lines and wirings that have developed directly or defects on account of workmanship, quality or provision of service or natural change indirectly due to such changes, modifications or alterations; iii) If there are changes, modifications or alterations in doors, windows or other related items, then the onslaught Promoter will not take responsibility of natural elementsdoor locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, which canmodifications or alterations; iv) If the Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment by making any changes in the 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 or changes will not be attributable 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 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 and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or beyond 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 Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter. After Promoter and not amounting to poor workmanship or manufacture thereof. viii) If the Possession Date, any damage Architect certifies that such defects are not manufacturing defect or due to wear poor workmanship or poor quality. Notwithstanding anything hereinbefore contained it is hereby expressly agreed and tear of whatsoever nature is caused to thereto (save and except understood that in case the defects as mentioned in Clause 12.1)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 obligations of the Promoter as contained in clause 12 hereinabove shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsstand waived.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects through the structural engineer without further charge, within 30 (thirty) days, and in the event of Promoter's Promoter‟s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein 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 its obligations contained in clause 13 hereinabove. It is clarified that the above said responsibility of the Promoter shall not cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Owner or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/equipments (v) accident and (iv) negligent use. Warranty for all consumables or equipments used such as generators, lifts, fittings and fixtures, will be as provided by the respective manufacturers on their standard terms. It is agreed and recorded that the allottee of flats should also pay maintenance charges for maintenance of the project and its facilities and amenities during the period of first five years and thereafter. In case non-payment of maintenance charges by the allottee and there being discontinuation of proper maintenance in that event the promoter should not be held as liable as default on its part under this clause. Notwithstanding anything contained in the above clause the following exclusions are made a. Equipment (lift, generator, water-pump, gym equipment etc) which carry manufacturer‟s guarantees for a limited period. Thereafter the welfare association /society shall take annual maintenance contract with the suppliers. The Promoter shall transfer manufacturer‟s guarantees/warrantees to the allottee or association of allottees as the case may be. 12.2b. Fittings related to plumbing, sanitary, electrical, hardware, etc. That after having natural wear and tear. c. Allowable structural and other deformations including expansion quotient. d. The terms of work like painting etc. which are subject to wear and tear. The Promoter shall obtain all such insurances, including but not limited to insurance of this Project and the Said cost of such Insurance till transfer of the Insurance in favor of the Association of Apartment is handed over Owners, shall form part of the common expenses proportionate share whereof shall be borne by the Allottees. Provided that where the manufacturer warranty as shown by the Promoter to the Allottee and/or ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to said Unit/building and if the Association of allottees annual maintenance contracts are not done /renewed by the allottees, the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes defects occurring due to the structural wallssame. The Project as a whole has been conceived, flooring, any additional construction implemented in designed and constructed based on the duct areas) or any part of the said Building commitments and warranties given by the Allottee or for any failureVendors/Manufacturers that all equipments, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within fittings shall be maintained and covered by maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Said Apartment or by any or all Apartments and the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and servicesCommon project amenities wherever applicable. The Allottee understands has been made aware and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided expressly agrees that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to regular wear and tear of whatsoever nature the Unit/Building excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20 degree Centigrade and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused structure built by the Allottee Unit/building and in the Allottee alone shall be liable to rectify and reinstate workmanship executed keeping in mind the same at his/her/its/their own costsaforesaid agreed clauses of this Agreement.

Appears in 2 contracts

Samples: Agreement for Sale, Agreement for Sale

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionobtaining completion certificate, it shall be the duty of the Promoter to commence the work to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or Provided however that the maintenance changes are upto date paid by allottee. Provided That the obligation or liability of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence arise if the defect has arisen owing to act or defect liability on account omission of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for Association of Allottees and/or any failure, negligence in implementing other person or if the interior decoration of portion alleged to have the Said Apartment, act defect has already been altered before the Promoter is able to view the same or omission, obstruction, alteration, modification, restraint or improper use if the related annual maintenance contracts and other licenses are not validly maintained by the Allottee association of any of the internal fixtures and fitting within the Said Apartment allottees or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and servicescompetent authority. The Allottee understands and accepts It is clarified that in any of the above acts or omissions by the Allottee, the Defect Liability said responsibility of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Owner or its nominee/agent, (iii) cases of any structural defect or defects on account of workmanship, quality or provision of service or natural change due force majeure (iv) failure to maintain the onslaught of natural elements, which cannot be attributable to amenities/equipment (v) accident and (iv) negligent use. The Allottee has been made aware and the Promoter or beyond Allottee expressly agrees that the control of the Promoter. After the Possession Date, any damage due to regular wear and tear of whatsoever nature the Unit/Building/Phase and minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20 degree Celsius and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee it shall be necessary to thereto (save appoint an expert who shall be nominated by the architect of the project who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for structure and in the cost workmanship executed keeping in mind the aforesaid agreed clauses of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own coststhis Agreement.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. 12.2 That after the Said Apartment Villa is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment Villa (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building Unit/ Villa by the Allottee or for any failure, negligence in implementing the interior decoration of the Said ApartmentUnit / Villa, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment Villa or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment Villa will automatically and forthwith lapse. 12.3. 12.3 If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building Villa within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment Villa to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costs.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. 14.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, save those as mentioned in clause 14.2 below, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under applicable laws for the Acttime being in force. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. 14.2 The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: i) If there are changes, modifications or alteration in respect plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee taking over possession of the Apartment, 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 or alteration in electrical lines and wirings after said possession unto the Allottee, the Promoter will not take any responsibility of any structural defect in electrical lines and wirings that have developed directly or defects on account of workmanship, quality or provision of service or natural change indirectly due to such changes, modifications or alterations; iii) If there are changes, modifications or alterations in doors, windows or other related items, then the onslaught Promoter will not take responsibility of natural elementsdoor locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, which canmodifications or alterations; iv) If the Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment by making any changes in the 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 or changes will not be attributable 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 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 and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or beyond 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 Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter. After Promoter and not amounting to poor workmanship or manufacture thereof. viii) If the Possession Date, any damage Architect certifies that such defects are not manufacturing defect or due to wear poor workmanship or poor quality. Notwithstanding anything hereinbefore contained it is hereby expressly agreed and tear 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 whatsoever nature is caused to thereto (save purported defect in the Apartment, alters the state and except condition of the defects as mentioned in Clause 12.1)area of the purported defect, then the Promoter shall not be responsible for the cost relieved of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsits obligations contained in clause 14 hereinabove.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. a) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Purchaser from the date of handing over possessionobtaining Completion Certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Purchaser(s) shall be entitled to receive / recover appropriate compensation in the manner as provided under applicable laws for the Acttime being in force. 12.2. That after the Said Apartment b) However, it is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts clarified that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws applicable statute for the time being in force shall not cover defects, damage or malfunction resulting from the date of handing over of following events: (i) where the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified manufacturer warranty as shown by the Promoter at his own cost to the Purchaser(s) ends before the Defect Liability period and such warranties are covered under the maintenance of the said Apartment/Tower and if the annual maintenance contracts are not done/renewed by the Purchaser(s); (ii) regular wear and tear of the Apartment/Tower excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in case it is temperature of more than 20* C and which do not possible amount to rectify structural defects and bad workmanship or structural defect; (iii) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Purchaser taking over possession of the Apartment, 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 defectschanges; (iv) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Purchaser, 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 or alterations; (v) If there are changes, modifications or alterations in doors, windows or other related items, then Allottee shall 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 or alterations; (vi) If the Purchaser after taking actual physical possession of the Apartment, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment by making any changes in the 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 or changes will not be entitled to receive from entertained by the Promoter, compensation ; (vii) 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 such defect reasons other than as mentioned above the Promoter shall get it rectified at its own cost. (viii) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Purchaser or his / her agents in the manner as in which same is required to be maintained. (ix) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided under the Act and the Rules and Regulations therein. Provided that by the Promoter shall not be liable in respect the Common Areas and/or in the Apartment going out of any structural defect order or defects on account of workmanship, quality or provision of service or natural change malfunctioning due to the onslaught of natural elements, which canvoltage fluctuations or other reasons not be attributable to the Promoter or beyond under the control of the Promoter. After Promoter and not amounting to poor workmanship or manufacture thereof. (x) If the Possession Date, any damage Architect certifies that such defects are not manufacturing defect or due to wear poor workmanship or poor quality. c) It is expressly agreed that before any liability of defect is claimed by or on behalf of Purchaser(s) it shall be necessary to mutually appoint an expert who shall be a nominated surveyor who shall survey and tear of whatsoever nature is caused assess the same and then submit a report to thereto (save and except state the defects as mentioned in Clause 12.1material used in the structure built by the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Deed. d) Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Purchaser(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 Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall not be responsible for the cost relieved of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsits obligations contained in clause VII hereinabove.

Appears in 2 contracts

Samples: Indenture, Indenture

DEFECT LIABILITY. 12.1. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee(s) from the date of handing over possession, save those as mentioned in clause 12.2 below, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee Allottee(s) shall be entitled to receive / recover appropriate compensation in the manner as provided under applicable laws for the Acttime being in force. 12.2. That 12.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances: i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Said Allottee(s) taking over possession of the Apartment, 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 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 or alterations; iii) If there are changes, modifications or alterations in doors, windows or other related 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 or alterations; iv) If the Allottee(s) after taking actual physical possession of the Apartment, executes interior decoration work including any addition and / or alteration in the layout of the internal walls of the Apartment by making any changes in the 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 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 and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) or his / her / their agents in the manner in which same is handed over 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 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) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. 12.3 The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the Allottee fault of the Promoter and further provided that the same has not been caused and / or occasioned directly and / or indirectly, by / due to any act of commission and / or omission of any act, deed or thing of / by the Allottee(s) and / or of / by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear etc. And further provided that no steps have been / or taken by the Promoter of his / her / their / its own volition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding. 12.4 Where the manufacturer warranty as shown by the Promoter to the Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to said Apartment wing and if the Association of allottees annual maintenance contracts are not done / renewed by the Allottee(s), the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes defects occurring due to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and servicessame. The Allottee understands said Project as a whole has been conceived, designed and accepts that in any of constructed based on the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically commitments and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified warranties given by the Promoter at his own cost / Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in case it is not possible proper working condition to rectify such defects, then Allottee shall be entitled to receive from continue warranty in both the Promoter, compensation for such defect in the manner as provided under the Act Apartments and the Rules Common project amenities and Regulations thereinfacilities wherever applicable. Provided The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to regular wear and tear of whatsoever nature the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1material used in the structure of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement. 12.5 Notwithstanding anything herein 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 Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall not be responsible for the cost relieved of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsits obligations contained in clause 12 hereinabove.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.113.1. It is agreed that in case any After the Possession Date, the Allottee/s will have no right or claim against the Promoter, except for structural defect or any other defect in defect, defective workmanship, quality or provision of services service, if proved to the satisfaction of the Architect during the defect liability period which would be 5 (Five) years from the Possession Date or the Deemed Date of Possession, whichever is applicable (“Defect Liability Period”)During such Defect Liability Period, if any other obligations major defect is proved to the satisfaction of the Architect, which makes the Apartment inhabitable, the same will be remedied at no extra cost to the Allottee/s. It is agreed that the decision of the Architect of the Promoter will be final and binding on the Allottee/s and the Promoter. All defects that are caused due to normal wear and tear, abuse and improper usage/negligence/omission/act or commission on the part of the Allottee/s and also due to those products fixtures and fittings for which the manufacturing companies/ vendors/ agencies do not provide warrenty beyond the prescribed limited period as per the agreement market practices is/are excluded from this clause and for sale relating to such development is brought to the notice of which the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Actis neither liable nor responsible. 12.213.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the The Promoter shall not be responsible for any consequence or defect liability on account issues (such as difference in shades of any change implemented tiles, granite, marbles, tolerances as per IS and building codes, air pockets beneath tiles, separation cracks/gaps between non- homogeneous building components, slopes considered for water drainage, reduction in the Said Apartment (including changes carpet area due to the structural wallsplaster thickness and skirting). Moreover, flooringminor tile chipping, any additional construction implemented minor damages in the duct areas) or any part of the said Building by the Allottee or for any failureplaces where welding has conducted, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect considered as defects for the purposes of any structural defect or this section. Xxxxxxxx agrees and acknowledges that defects on account of workmanship, quality or provision of service or arising from natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear tear/forced/ intentional/accidental damages shall not come within the scope of whatsoever nature is caused to thereto (save defect liability and except the defects as mentioned in Clause 12.1), hence the Promoter shall not be responsible for the cost maintenance of re-instating and/or repairing such damage the same. Further, Parties agree that any defects or damages caused to glass, electrical fixtures, ceramic, vitrified, porcelain materials after acceptance of possession of the Apartment by the Allottee shall not come under scope of defect liability and the Allottee alone Promoter shall not be held liable for not curing/ entertaining such claims. 13.3. The Promoter shall not be responsible for routine/non-structural cracks resulting from differential co-efficient of thermal expansion, non-monolithic joints, seasoning effects, sweating of walls, etc. and such other defects caused due to rectify normal wear and reinstate the same at his/her/its/their own coststear, abuse and improper usage.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after It is clarified that the Said Promoter shall handover the possession of the Apartment is handed over on completion of the Project to the Allottee and/or by way of issuance of a letter (“Letter of Handover”) which shall at all times be construed as an integral part of this Agreement. It is expressly agreed and understood that in case the maintenance Allottee, without first notifying the Promoter and without giving to the Promoter the opportunity to inspect assess and determine the nature of such defect (which inspection Promoter shall be required to complete within 15 days of receipt of the Schedule A Property is handed over to notice from the Association Allottee), alters the state and condition of allottees such defect, then the Promoter shall not be responsible for any consequence or defect liability on account relieved of any change implemented its obligations contained in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by Clause immediately preceding and the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and shall not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoterany cost or compensation in respect thereof. Additionally, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect case of any structural defect the following: a. Structural defects caused or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter Allottee(s) including by carrying out structural or beyond architectural changes from the control original design attributes, demolition, dismantling, making openings, removing or re- sizing the original structural framework, putting excess or heavy loads or using the premises other than for its intended purpose. b. Structural defects caused by accidental breaking of fire or any kind of explosion of gas cylinder etc. c. Structural defects induced anyhow by failure of waterproofing system(s) of the Promoter. After premises or the Possession Datebuilding. d. Structural defects induced by Force Majeure situations, such as war, flood, act of God, explosions of any damage due to wear and tear of whatsoever nature is caused to thereto (save and except kind by terrorist etc. e. Structural defects occurring in the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsUnit or unit that has undergone civil renovations.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. 15.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, save those as mentioned in clause 15.2 below, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under applicable laws for the Acttime being in force. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. 15.2 The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: i) If there are changes, modifications or alteration in respect plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee taking over possession of the Apartment, 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 or alteration in electrical lines and wirings after said possession unto the Allottee, the Promoter will not take any responsibility of any structural defect in electrical lines and wirings that have developed directly or defects on account of workmanship, quality or provision of service or natural change indirectly due to such changes, modifications or alterations; iii) If there are changes, modifications or alterations in doors, windows or other related items, then the onslaught Promoter will not take responsibility of natural elementsdoor locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, which canmodifications or alterations; iv) If the Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment by making any changes in the 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 or changes will not be attributable 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 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 and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or beyond 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 Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter. After Promoter and not amounting to poor workmanship or manufacture thereof. viii) If the Possession Date, any damage Architect certifies that such defects are not manufacturing defect or due to wear poor workmanship or poor quality. Notwithstanding anything hereinbefore contained it is hereby expressly agreed and tear 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 whatsoever nature is caused to thereto (save purported defect in the Apartment, alters the state and except condition of the defects as mentioned in Clause 12.1)area of the purported defect, then the Promoter shall not be responsible for the cost relieved of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsits obligations contained in clause 14 hereinabove.

Appears in 2 contracts

Samples: Sale Agreement, Agreement for Sale

DEFECT LIABILITY. 12.1. 14.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects through the structural engineer without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not attributable to the Promoter. 12.214.2 Notwithstanding anything herein 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 its obligations contained herein. 14.3 The Promoter may obtain such insurances, as it may decide in its discretion and the cost of such insurance from handover of the possession/project or transfer of the insurance to the Association (whichever is earlier) shall form part of the common expenses and proportionate share whereof shall be borne by the Allottees. That after After expiry of the Said Apartment insurance, the Association of Allottees shall be responsible for renewing the same. 14.4 It is handed over clarified that the above said responsibility of the Promoter shall not cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Allottee or its nominee/agent, (iii) cases of force majeure, (iv) failure to maintain the amenities/equipments (v) accident and (vi) negligent use. Warranty for all consumables or equipments used such as generators, lifts, fittings and fixtures, will be as provided by the respective manufacturers on their standard terms. It is agreed and recorded that the allottees shall also pay maintenance charges for maintenance of the project and its facilities and amenities during the period of first five years and thereafter. In case non- payment of maintenance charges by the allottee and there being discontinuation of proper maintenance in that event the promoter should not be held as liable as default on its part under this clause. Provided that where the manufacturer warranty as shown by the Promoter to the Allottee and/or ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to Apartment/Segment/Project and if the Association of allottees annual maintenance contracts are not done /renewed by the allottees, the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes defects occurring due to the structural wallssame. The Project as a whole has been conceived, flooring, any additional construction implemented in designed and constructed based on the duct areas) or any part of the said Building commitments and warranties given by the Allottee or for any failurevendors/manufacturers that all equipments, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within fittings shall be maintained and covered by maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Said Apartment or by any or all Apartments and the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control common areas/common parts and other general safety equipment, related facilities and serviceswherever applicable. The Allottee understands has been made aware and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided expressly agrees that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to regular wear and tear of whatsoever nature the Apartment/Segment/Project excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20 degrees Celsius and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for structure of the cost Apartment/Segment/Project and in the workmanship executed keeping in mind the aforesaid agreed clauses of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own coststhis Agreement.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after ; Provided however, that regular maintenance and due care has been taken by Purchaser / Allottee/s own cost to keep the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented Apartment/Flat/Unit in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures good conditions and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws repairs at his own cost from the date of handing over of the Said Apartment possession. Also to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter carry out at his own cost all internal repairs to the said Flat / Apartment / Unit and maintain the Flat/Apartment/Unit in the same condition, state and order in which it was delivered by the Promoter to the Purchasers/Allottee. 12.2 That the Purchaser/s/ Allottee/s shall not carry out any alterations of the whatsoever nature in the said Apartment/Flat/Unit of phase/wing and in case it is specific the structure of the said unit/wing/phase of the said building which shall include but not possible limit to rectify columns, beams etc. Or in the fittings therein, in pipes, water supply connections or any erection or alteration in the bathroom, toilet and kitchen, which may result in seepage of the water. If any of such defects, then Allottee works are carried out without the written consent of the Promoter the defect liability automatically shall be entitled to receive from become void. The word defect here means only the manufacturing and workmanship defect/s caused on account of wilful neglect on the part of the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to mean defect/s caused by normal wear and tear and by negligent use of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused Apartment/Flat/Unit by the Allottee Occupants, vagaries of nature etc. Defects in fittings and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsfixtures are not included herein.

Appears in 2 contracts

Samples: Agreement for Sale (Flats), Agreement for Sale (Flats)

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, save those as mentioned in clause 14.2 below, it shall be the duty of the Promoter promoter to rectify such defects without further charge, within 30 (thirty) days, days and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under applicable laws for the Acttime being in force. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: (i) If there are changes, modifications or alteration in respect plumbing pipes and fittings and fixtures or change of wall of floor tiles after the Allottee taking over possession of the Apartment, 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 or alteration in electrical lines and wiring after said possession unto the Allottee, the Promoter will not take any responsibility of any structural defect in electrical lines and wirings that have developed directly or defects on account of workmanship, quality or provision of service or natural change indirectly due to such changes, modifications or alterations; (iii) If there changes, modifications or alterations in doors, windows or other related items, then the onslaught Promoter will not take responsibility of natural elementsdoor locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, which canmodifications or alterations; (iv) If the Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment by making any changes in the 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 or changes will not be attributable 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 walls and RCC beams and columns. Any such cracks re normal in high rise buildings and needs to be repaid 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 and fittings and fixtures provide by the Promoter are not being maintained by the Allottee or beyond 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 Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter. After Promoter and not amounting to poor workmanship or manufacture thereof. (viii) If the Possession Date, any damage Architect certificates that such defects are not manufacturing defect or due to wear poor workmanship or poor quality. Notwithstanding anything hereinabove mentioned it is hereby expressly agreed and tear 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 whatsoever purported defect in the Apartment, alters the state, nature is caused to thereto (save and except condition of the defects as mentioned in Clause 12.1)area of the purported defect, then the Promoter shall not be responsible for the cost relieved of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsits obligations contained in clause 13 herein.

Appears in 2 contracts

Samples: Sale Agreement, Agreement for Sale

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date issuance of handing over possessionthe occupancy/completion certificate by the concerned authority and the same being occurred due to the acts of the Promoter and so certified by the Architect for the time being for the Project, it shall be the duty of the Promoter to proceed to rectify such defects without further charge, charge within 30 (thirty) days, days and in the event of Promoter's failure to proceed to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any structural defect person appointed by him or defects on account of workmanship, quality acting under him or provision of service under his instructions) or natural change arising due to any normal wear and tear or not using the onslaught of natural elements, which canAllotted Apartment or due to reasons not be solely attributable to the Promoter or beyond if the control related annual maintenance contracts and the licenses are not validly maintained by the Maintenance-in-Charge. Provided Further that it is declared by the Promoter and the Allottee hereby acknowledges that any manufacturing or other defect in any branded inputs or fixtures or services of a third party; and/or any equipments (including but not limited to generators, motors, sewage treatment plants, transformers and gym equipment) which carry manufacturer’s guarantees for a limited period; and/or fittings relating to plumbing, sanitary, electrical, hardware, etc. having natural wear and tear; or any other defects due to occurrence of force majeure event(s) shall not be covered under this clause. Notwithstanding anything herein 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 Promoter. After area of the Possession Datepurported defect, any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), then the Promoter shall not be responsible for the cost relieved of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsits obligations contained hereinabove in this clause.

Appears in 2 contracts

Samples: Agreement for Sale, Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or of provision of services or any other obligations of the Owner/Promoter as per the agreement for sale relating to such development is brought to the notice of the Owner/Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Owner/Promoter to rectify such defects without further charge, within 30 (thirty) days, days and in the event of Owner/Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after It is clarified that the Said Apartment aforesaid responsibility of the Owner/Promoter shall not cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Owner or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/equipments (v) accident and (iv) negligent use. Warranty for all consumables or equipments used such as generators, lifts, fittings and fixtures, will be as provided by the respective manufacturers on their standard terms. It is handed over agreed and recorded that the allottee of flats should also pay maintenance charges for maintenance of the project and its facilities and amenities during the period of first five years and thereafter. In case non-payment of maintenance charges by the allottee and there being discontinuation of proper maintenance in that event the Owner/promoter should not be held as liable as default on its part under this clause. Provided that where the manufacturer warranty as shown by the Owner/Promoter to the Allottee and/or ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to said Unit/building/phase wing and if the Association of allottees annual maintenance contracts are not done/renewed by the allottees, the Owner/Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes defects occurring due to the structural wallssame. The Project as a whole has been conceived, flooring, any additional construction implemented in designed and constructed based on the duct areas) or any part of the said Building commitments and warranties given by the Allottee or for any failureVendors/Manufacturers that all equipment, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Said Apartment or by any or all Apartments and the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and servicesCommon project amenities wherever applicable. The Allottee understands has been made aware and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided expressly agrees that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to regular wear and tear of whatsoever nature the Unit/Building/phase/wing excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20* C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused structure built by the Allottee Unit /phase/wing and in the Allottee alone shall be liable to rectify and reinstate workmanship executed keeping in mind the same at his/her/its/their own costsaforesaid agreed clauses of this Agreement.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Developers/ Promoters as per the agreement for sale Agreement relating to such development is brought to the notice of the Developer/Promoter within a period of 5 (five) years by the Allottee from the date issuance of handing over possessionthe occupancy/ completion certificate by the Arambagh Municipality and the same being occurred due to the acts of the Developer /Promoter and so certified by the Architect for the time being for the Project, it shall be the duty of the Developer/Promoter to proceed to rectify such defects without further charge, charge within 30 (thirty) days, days and in the event of PromoterDevelopers /Promoter's failure to proceed to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Developer/Promoter shall not be liable in respect to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any structural defect person appointed by him or defects on account of workmanship, quality acting under him or provision of service under his instructions) or natural change arising due to any normal wear and tear or not using the onslaught of natural elements, which canAllotted Apartment or due to reasons not be solely attributable to the Developer/Promoter or beyond if the control related annual maintenance contracts and the licenses are not validly maintained by the Maintenance-in-Charge. Provided Further that it is declared by the Developer/Promoter and the Allottee hereby acknowledges that any manufacturing or other defect in any branded inputs or fixtures or services of the Promotera third party; and/or any equipments (including but not limited to generators, motors, sewage treatment plants, transformers and gym equipment) which carry manufacturer’s guarantees for a limited period; and/or fittings relating to plumbing, sanitary, electrical, hardware, etc. After the Possession Date, having natural wear and tear; or any damage other defects due to wear and tear occurrence of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter force majeure event(s) shall not be responsible for covered under this clause. Notwithstanding anything herein contained, it is hereby expressly agreed and understood that in case the cost Allottee, without first notifying the Developers/ Promoters and without giving the Developer/Promoter the reasonable opportunity to inspect, assess and determine the nature of re-instating and/or repairing such damage caused by purported defect in the Allottee Apartment, alters the state and condition of the Allottee alone area of the purported defect, then the Developer/Promoter shall be liable to rectify and reinstate the same at his/her/its/their own costsrelieved of its obligations contained hereinabove in this clause.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Vendor as per the agreement for sale relating to such development is brought to the notice of the Promoter Vendor within a period of 5 (five) years by the Purchaser/Allottee from the date of handing over possessionobtaining the completion certificate, it shall be the duty of the Promoter Vendor to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterVendor's failure to rectify such defects within such time, the aggrieved Allottee Purchaser/Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after 12.2 It is clarified that the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter Vendor shall not be responsible liable for any consequence such defects if the same have been caused by reason of the default and/or negligence of the Purchaser/Allottee and/or any other Purchaser/Allottees in the Project or defect liability acts of third party(ies) or on account of any change implemented in the Said Apartment (force majeure events including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified any repairs / redecoration / any other work undertaken by the Promoter Purchaser/Allottee and/or any other Purchaser/Allottee/person in the Project and/or the Whole Project and/or the Property. The Purchaser/Allottee is/are aware that the Said Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Building at his own cost various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in case it is not possible immediate ceasing of the Vendor's obligation to rectify such defects, then Allottee shall be entitled to receive from any defect(s) or compensate for the Promoter, compensation for such defect same as mentioned in the manner as provided under the Act this Clause and the Rules and Regulations therein. Provided that Purchaser/Allottee and/or the Promoter association of Purchaser/Allottees shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear have no claim(s) of whatsoever nature is caused to thereto (save and except against the defects as mentioned Vendor in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costs.this regard

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter If within a period of 5 (five) five years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Flat/Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Purchaser/ Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Purchaser/ Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under Flat/Apartment/Unit or the relevant Laws from building in which the date of handing over of the Said Apartment to the Allottee, Flat/Apartment/Unit are situated or any genuine and not perceived or purported defect defects on account of workmanship workmanship, quality or provision of service service, then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Purchaser/ Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act Act. Refer the clause 14(i) & (iii) provided however, that regular maintenance and due care has been taken by Purchaser / Allottee/s own cost to keep the Rules Apartment/Flat/Unit in good conditions and Regulations thereinrepairs from the date of possession. Provided that Also to carry out at his own cost all internal repairs to the said Flat / Apartment / Unit and maintain the Flat/Apartment/Unit in the same condition, state and order in which it was delivered by the Promoter to the Purchasers/Allottee. That the Purchaser/s/ Allottee/s shall not be liable carry out any alterations of the whatsoever nature in respect the said Apartment/Flat/Unit of phase/wing and in specific the structure of the said unit/wing/phase of the said building which shall include but not limit to columns, beams etc. Or in the fittings therein, in pipes, water supply connections or any structural erection or alteration in the bathroom, toilet and kitchen, which may result in seepage of the water. If any of such works are carried out without the written consent of the Promoter the defect or defects liability automatically shall become void. The word defect here means only the manufacturing and workmanship defect/s caused on account of workmanship, quality or provision of service or natural change due to wilful neglect on the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control part of the Promoter. After the Possession Date, any damage due to and shall not mean defect/s caused by normal wear and tear and by negligent use of whatsoever Apartment/Flat/Unit by the Occupants, vagaries of nature is caused etc. Defects in fittings and fixtures are not included herein. That it shall be the responsibility of the Purchaser/s/ Allottee/s to thereto (save maintain his unit in a proper manner and except take all due care needed including but not limiting to the joints in the tiles in his Apartment/Flat/Unit are regularly filled with white cement/epoxy to prevent water seepage. Further where the manufacturer warranty as shown by the developer to the allottee / purchaser ends before the defects as mentioned liability period and such warranties are covered under the maintenance of the said unit/building/phase/wing, and if the annual maintenance contracts are not done / renewed by the Purchaser/s/ Allottee/s, in Clause 12.1), the such a case Promoter shall not be responsible for any defects occurring due to the cost of re-instating and/or repairing such damage caused same. That the project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Allottee vendors/manufactureres that all equipment's, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as to be sustainable and in proper working condition to continue warranty in both the Apartment/Flat/Unit and the Allottee alone common project amenities wherever applicable. That the allottee/ purchaser has been made aware and that the allottee expressly agrees that the regular wear and tear of the unit/building/phase/wing includes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20*C 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 the Purchaser / Allottee, it shall be liable necessary to rectify appoint an expert who shall be a nominated surveyor who shall survey and reinstate assess the same at hisand shall then submit a report to state the defects in materials used, in the structure built of the unit/herphase/its/their own costswing and in the workmanship executed keeping in mind the aforesaid agreed clause of this agreement.

Appears in 2 contracts

Samples: Sale Agreement, Agreement for Sale

DEFECT LIABILITY. 12.1. 15.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Developer as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter Developer within a period of 5 (five) years by the Allottee from the date of handing over possession, save those as mentioned in clause 15.2 below, it shall be the duty of the Promoter Developer to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's Developer’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under applicable laws for the Acttime being in force. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter 15.2 The Developer shall not be responsible for liable to rectify any consequence defect occurring under the following circumstances: i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee taking over possession of the Apartment, the Developer will not take any responsibility of waterproofing, cracks or any defect liability on account in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee, the Developer will not take any responsibility of any change implemented defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations; iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Developer 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 or alterations; iv) If the Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and/or alteration in the Said layout of the internal walls of the Apartment (including by making any changes to in the structural wallsApartment, flooringthen any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Developer; v) Cracks developing on joints of brick walls and RCC beams or columns or vertical Bands or horizontal Bands arising out of different materials which have different coefficient of expansion and contraction, any additional construction implemented such cracks being normal in high rise buildings and need to be repaired by Allottee or Association from time to time, as the duct areascase may be, Provided However that any cracks which develop for reasons other than as mentioned above, the Developer shall get it rectified at its own cost. vi) If the materials and fittings and fixtures provided by the Developer are not being maintained or any part of the said Building used by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their his/her agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as in which same is required to be maintained or used. vii) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided under by the Act and Developer in the Rules and Regulations therein. Provided that Common Areas and/or in the Promoter shall not be liable in respect Apartment going out of any structural defect order or defects on account of workmanship, quality or provision of service or natural change malfunctioning due to the onslaught of natural elements, which canvoltage fluctuation or other reasons not be attributable to the Promoter or beyond under the control of the Promoter. After Developer and not amounting to poor workmanship or manufacture thereof. viii) If the Possession Date, any damage Project Architect(s) certifies that the defects complained of are not manufacturing defect or due to poor workmanship or poor quality. ix) There being any deterioration in the quality or functioning of any electrical or mechanical systems, instruments, appliances and/or gadgets installed in the Project or the Apartment due to normal wear and tear and/or any physical damage thereto. x) Notwithstanding anything hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Developer and without giving the Developer the reasonable opportunity to inspect, assess and determine the nature of whatsoever nature is caused to thereto (save purported defect in the Apartment, alters the state and except condition of the defects as mentioned in Clause 12.1)area of the purported defect, then the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone Developer shall be liable to rectify and reinstate the same at his/her/its/their own costsrelieved of its obligations contained in clause 15 hereinabove.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. 14.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects through the structural engineer without further charge, within 30 (thirty) days, and in the event of Promoter's Xxxxxxxx’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not attributable to the Promoter. 12.214.2 Notwithstanding anything herein 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 its obligations contained herein. 14.3 The Promoter may obtain such insurances, as it may decide in its discretion and the cost of such insurance from handover of the possession/project or transfer of the insurance to the Association (whichever is earlier) shall form part of the common expenses and proportionate share whereof shall be borne by the Allottees. That after After expiry of the Said Apartment insurance, the Association of Allottees shall be responsible for renewing the same. 14.4 It is handed over clarified that the above said responsibility of the Promoter shall not cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Allottee or its nominee/agent, (iii) cases of force majeure, (iv) failure to maintain the amenities/equipments (v) accident and (vi) negligent use. Warranty for all consumables or equipments used such as generators, lifts, fittings and fixtures, will be as provided by the respective manufacturers on their standard terms. It is agreed and recorded that the allottees shall also pay maintenance charges for maintenance of the project and its facilities and amenities during the period of first five years and thereafter. In case non- payment of maintenance charges by the allottee and there being discontinuation of proper maintenance in that event the promoter should not be held as liable as default on its part under this clause. Provided that where the manufacturer warranty as shown by the Promoter to the Allottee and/or ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to Apartment/Segment/Project and if the Association of allottees annual maintenance contracts are not done /renewed by the allottees, the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes defects occurring due to the structural wallssame. The Project as a whole has been conceived, flooring, any additional construction implemented in designed and constructed based on the duct areas) or any part of the said Building commitments and warranties given by the Allottee or for any failurevendors/manufacturers that all equipments, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within fittings shall be maintained and covered by maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Said Apartment or by any or all Apartments and the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control common areas/common parts and other general safety equipment, related facilities and serviceswherever applicable. The Allottee understands has been made aware and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided expressly agrees that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to regular wear and tear of whatsoever nature the Apartment/Segment/Project excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20 degrees Celsius and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for structure of the cost Apartment/Segment/Project and in the workmanship executed keeping in mind the aforesaid agreed clauses of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own coststhis Agreement.

Appears in 2 contracts

Samples: Sale Agreement, Sale Agreement

DEFECT LIABILITY. 12.1. (i) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Vendor as per the agreement for sale this Agreement relating to such development is brought to the notice of the Promoter Vendor within a period of 5 (five) five years by the Allottee Purchaser from the date of handing over possession, it shall be the duty of the Promoter Vendor to rectify such defects without further charge, within 30 (thirty) thirty days, and in the event of PromoterVendor's failure to rectify such defects within such time, the aggrieved Allottee Purchaser(s) shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment (ii) It is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided clarified that the Promoter shall not be liable for any such defects if the same have been caused by reason of the default and/or negligence of the Allottee and/or any other allottees in respect the Real Estate Project or acts of any structural defect third party(ies) or defects on account of workmanshipany force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottee is/are aware that the Said Tower/Building is a monolithic structure and any change(s), quality alteration(s) including breaking of walls or provision any structural members or the construction of service any new wall or natural change due to structural member may adversely impact the onslaught of natural elements, which cannot be attributable to the Promoter Said Tower/Building at various places or beyond the control in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter. After ’s obligation to rectify any defect(s) or compensate for the Possession Date, any damage due to wear same as mentioned in this Clause and tear the Allottee and/or the association of allotteesshall have no claim(s) of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), against the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costs.in this regard

Appears in 2 contracts

Samples: Sale Agreement, Agreement for Sale

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after Provided that the Said Apartment is handed over defect liability mentioned herein this agreement shall be subject to the Allottee and/or the maintenance allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the Schedule A Property is handed over installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the House or areas appurtenant to the Association House will not be covered under the defect liability. Provided also that the benchmark of allottees the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products like CP fittings, Sanitary fitting, Electrical fittings, Pump, water tank etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products like CP fittings, Sanitary fitting, Electrical fittings, Pump, water tank etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments like CP fittings, Sanitary fitting, Electrical fittings, Pump, water tank etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or at all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify provide any cure/cover over and reinstate above the same at his/her/its/their own coststerms and conditions of such respective warranties.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionobtaining Completion Certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's Xxxxxxxx’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after It is clarified that the Said Apartment is handed over said responsibility of the Promoter shall not cover defects, damage, or malfunction resulting from (i) misuse or negligent use (ii) unauthorised modifications or repairs done by the Allottee or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the installations/amenities/equipments and (v) accidents. Provided that where the manufacturer’s warranty as shown by the Promoter to the Allottee and/or Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to said Apartment but the Association of allottees annual maintenance contracts are not done/renewed by the Allottee(s), the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change occurring due to the onslaught of natural elementssame. The said Project as a whole has been conceived, which cannot be attributable to designed and constructed based on the Promoter or beyond the control of commitments and warranties given by the Promoter/Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common Installations wherever applicable. After The Allottee(s) has/have been made aware and the Possession Date, any damage due to Allottee(s) expressly agree(s) that the regular wear and tear of whatsoever nature the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200 C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for structure of the cost Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own coststhis Agreement.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionpossession or the date of issue the completion/occupancy certificate, whichever is earlier, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after It is expressly agreed and understood that in case the Said Apartment is handed over Allottee, without first notifying the Promoter and without giving to the Promoter the opportunity to inspect assess and determine the nature of such defect, alters the state and condition of such defect, then the Promoter shall be relieved of its obligations contained in the para immediately preceding and the Allottee and/or shall not be entitled to any cost or compensation in respect thereof. Defect, if any, found in the maintenance of materials within the Schedule A Property is handed over to the Association of allottees warranty period, the Promoter shall not be responsible for any consequence replace the same with materials of same value or defect liability on account of any change implemented make, whichever is available in the Said Apartment (including changes market at the given point of time. No compensation shall be paid to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building Allottee and no extra work shall be carried out by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and servicesPromoter. The Allottee understands and accepts that in any shall be solely responsible of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically fittings in their respective flats/apartments after possession is handed over and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall thereafter not be held responsible and/or liable for the quality of the materials. The Promoter shall, however, not in respect any manner be responsible and/or liable to undertake repair or rectify malfunction of any structural defect or defects on account of workmanshipelectrical equipment, quality or provision of service or natural change due including, but not limited to the onslaught of natural elementslift, STP, WTP, Transformer, CCTV, Intercom, which cannot shall be attributable subject to and be guided by the third party's own policy (AMC) with the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone Supplier Company/Utility Provider shall be liable to rectify change, rectify, or repair the items as per the terms agreed upon with the Promoter and reinstate the same at hisAllottee shall not be entitled to raise any dispute with regard to the same. The Promoter shall also not in any manner be responsible and/or liable to repair any damage that may be caused to the flat/herapartment or the common wall of the flat/its/their own costsapartment of the Allottee with any neighbour of the Allottee.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects through the structural engineer without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not attributable to the Promoter. 12.212.2 Notwithstanding anything herein 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 its obligations contained herein. 12.3 The Promoter may obtain such insurances, as it may decide in its discretion and the cost of such insurance from handover of the possession/project or transfer of the insurance to the Association (whichever is earlier) shall form part of the common expenses and proportionate share whereof shall be borne by the Allottees. That after After expiry of the Said Apartment insurance, the Association of Allottees shall be responsible for renewing the same. 12.4 It is handed over clarified that the above said responsibility of the Promoter shall not cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Allottee or its nominee/agent, (iii) cases of force majeure, (iv) failure to maintain the amenities/equipments (v) accident and (vi) negligent use. Warranty for all consumables or equipments used such as generators, lifts, fittings and fixtures, will be as provided by the respective manufacturers on their standard terms. It is agreed and recorded that the allottees shall also pay maintenance charges for maintenance of the project and its facilities and amenities during the period of first five years and thereafter. In case non- payment of maintenance charges by the allottee and there being discontinuation of proper maintenance in that event the promoter should not be held as liable as default on its part under this clause. Provided that where the manufacturer warranty as shown by the Promoter to the Allottee and/or ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to Apartment/Phase /Complex and if the Association of allottees annual maintenance contracts are not done /renewed by the allottees, the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes defects occurring due to the structural wallssame. The Project as a whole has been conceived, flooring, any additional construction implemented in designed and constructed based on the duct areas) or any part of the said Building commitments and warranties given by the Allottee or for any failurevendors/manufacturers that all equipments, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within fittings shall be maintained and covered by maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Said Apartment or by any or all Apartments and the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control common areas/common parts and other general safety equipment, related facilities and serviceswherever applicable. The Allottee understands has been made aware and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided expressly agrees that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to regular wear and tear of whatsoever nature the Apartment/Phase /Complex excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20 degrees Celsius and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for structure of the cost Apartment/Phase /Complex and in the workmanship executed keeping in mind the aforesaid agreed clauses of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own coststhis Agreement.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first unit of the 3rd (Third) Phase of the project; it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottee’s shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after Provided that the Said Apartment is handed over defect liability mentioned herein this agreement shall be subject to the Allottee and/or the maintenance allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the Schedule A Property is handed over installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the Duplex / Row Houses or areas appurtenant to the Association Duplex / Row House will not be covered under the defect liability. Provided also that the benchmark of allottees the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or at all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify provide any cure/cover over and reinstate above the same at his/her/its/their own coststerms and conditions of such respective warranties.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. 12.1. It is agreed that in case any After the Possession Date, the Allottee/s will have no right or claim against the Promoter, except for structural defect or any other defect in defect, defective workmanship, quality or provision of services or any other obligations service, if proved to the satisfaction of the Promoter as per Architect during the agreement for sale relating to such development is brought to the notice of the Promoter within a defect liability period of which would be 5 (five) years by the Allottee from the date Possession Date or the Deemed Date of handing over possessionPossession, it shall whichever is applicable (“Defect Liability Period”). During such Defect Liability Period, if any major defect is proved to the satisfaction of the Architect, which makes the Apartment uninhabitable, the same will be remedied at no extra cost to the duty Allottee/s. It is agreed that the decision of the Architect of the Promoter will be final and binding on the Allottee/s and the Promoter. All defects that are caused due to rectify such defects without further chargeforce majeure, within 30 (thirty) daysnormal wear and tear, abuse, accident and in improper usage/negligence/omission/act or commission on the event part of Promoter's failure the Allottee/s or their nominee/agent and also due to rectify such defects within such timethose products, fixtures and fittings for which the manufacturing companies/ vendors/ agencies do not provide warranty beyond the prescribed limited period as per market practices, is/are excluded from this Clause and the Promoter shall neither be liable nor responsible for the same. Further, the aggrieved Allottee Promoter shall not be liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party unless it results in structural defects. The Promoter’s defect liability obligation shall be entitled subject to receive / recover appropriate compensation in the manner as provided under Allottee/Association of Allottees continuing with all annual maintenance contracts for equipment/material installed/used within the ActProject Sunshine Two and prompt payment of maintenance charges. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the The Promoter shall not be responsible for any consequence or defect liability on account issues (such as difference in shades of any change implemented tiles, granite, marbles, tolerances as per IS and building codes, air pockets beneath tiles, separation cracks/gaps between non- homogeneous building components, slopes considered for water drainage, reduction in the Said Apartment (including changes Carpet Area due to the structural wallsplaster thickness and skirting). Moreover, flooringminor tile chipping, any additional construction implemented minor damages in the duct areas) or any part of the said Building by the Allottee or for any failureplaces where welding has conducted, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect considered as defects for the purposes of any structural defect or this section. Xxxxxxxx agrees and acknowledges that defects on account of workmanship, quality or provision of service or arising from natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear tear/forced/ intentional/accidental damages shall not come within the scope of whatsoever nature is caused to thereto (save defect liability and except the defects as mentioned in Clause 12.1), hence the Promoter shall not be responsible for the cost same. Further, Parties agree that any defects or damages caused to glass, electrical fixtures, sanitary fixtures, ceramic, vitrified, porcelain materials after acceptance of re-instating and/or repairing such damage caused possession of the Apartment by the Allottee shall not come under scope of defect liability and the Allottee alone Promoter shall not be held liable for not curing/ entertaining such claims. 12.3. The Promoter shall not be responsible for routine/non-structural cracks resulting from differential co-efficient of thermal expansion, non-monolithic joints, seasoning effects, sweating of walls, etc. and such other defects caused due to rectify normal wear and reinstate the same at his/her/its/their own coststear, abuse and improper usage.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. 14.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter - I as per the agreement for sale relating to such development is brought to the notice of the Promoter – I within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter Promoters to rectify such defects through the structural engineer without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. Provided that the Promoters shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not attributable to the Promoters. 12.214.2 Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter – I 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 Promoters shall be relieved of their obligations contained herein. 14.3 The Promoters may obtain such insurances, as it may decide in its discretion and the cost of such insurance from handover of the possession/project or transfer of the insurance to the Association (whichever is earlier) shall form part of the common expenses and proportionate share whereof shall be borne by the Allottees. That after After expiry of the Said Apartment insurance, the Association of Allottees shall be responsible for renewing the same. 14.4 It is handed over clarified that the above said responsibility of the Promoter – I shall not cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Allottee or its nominee/agent, (iii) cases of force majeure, (iv) failure to maintain the amenities/equipments (v) accident and (vi) negligent use. Warranty for all consumables or equipments used such as generators, lifts, fittings and fixtures, will be as provided by the respective manufacturers on their standard terms. It is agreed and recorded that the allottees shall also pay maintenance charges for maintenance of the project and its facilities and amenities during the period of first five years and thereafter. In case non- payment of maintenance charges by the allottee and there being discontinuation of proper maintenance in that event the Promoters shall not be held as liable as default on its part under this clause. Provided that where the manufacturer warranty as shown by the Promoter – I to the Allottee and/or ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to Apartment/Phase /Complex and if the Association of allottees annual maintenance contracts are not done /renewed by the allottees, the Promoter – I shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes defects occurring due to the structural wallssame. The Project as a whole has been conceived, flooring, any additional construction implemented in designed and constructed based on the duct areas) or any part of the said Building commitments and warranties given by the Allottee or for any failurevendors/manufacturers that all equipments, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within fittings shall be maintained and covered by maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Said Apartment or by any or all Apartments and the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control common areas/common parts and other general safety equipment, related facilities and serviceswherever applicable. The Allottee understands has been made aware and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided expressly agrees that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to regular wear and tear of whatsoever nature the Apartment/Phase /Complex excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20 degrees Celsius and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for structure of the cost Apartment/Phase /Complex and in the workmanship executed keeping in mind the aforesaid agreed clauses of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own coststhis Agreement.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or in construction (excluding any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development purchased materials and/or items) is brought to the notice of the Promoter Developer within a period of 5 (five) years by the Allottee from the date of handing over possession, it the Developer shall be the duty of the Promoter take steps to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's Developer’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided However that the Promoter Developer shall not be liable under any circumstances if any additions, alterations and/or modifications etc. have been made in respect of the Buildings, Common Areas and/or any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the PromoterApartment Units by the Allottees including the Allottee herein and/or if there is any deviation found from the sanctioned Building Plan. After It is further made clear that the Possession Datestructural defect, any damage if any, must be certified by a licensed Architect 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 whatsoever the Allottees and/or occupants of the Building. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottees, without first notifying the Developer and without giving the Developer the reasonable opportunity to inspect, assess and determine the nature is caused to thereto (save of purported defect in the Apartment, alters the state and except condition of the defects as mentioned area of the purported defect, then the Developer shall be relieved of its obligations contained hereinabove in Clause 12.1)this clause. However, the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee has been made aware and the Allottee alone expressly agrees that the regular wear and tear of the Residential Complex excludes minor hairline cracks on the external and internal walls excluding RCC structure which happens due to variation in temperature of more than 20 degree centigrade which do not amount of the structural defects and hence cannot be attributed to either bad workmanship or structural defects. It is expressly agreed that before any liability of defect is claimed by or on behalf of the allottee it shall be liable necessary to rectify appoint an expert/ surveyor to be nominated by the architect of the said project, who shall survey and reinstate assess the same at his/her/its/their own costsand then submit report to state the defects in material used in the structure and in the workmanship executed.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. 14.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects through the structural engineer without further charge, within 30 (thirty) days, and in the event of Promoter's Xxxxxxxx’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not attributable to the Promoter. 12.214.2 Notwithstanding anything herein 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 its obligations contained herein. 14.3 The Promoter may obtain such insurances, as it may decide in its discretion and the cost of such insurance from handover of the possession/project or transfer of the insurance to the Association (whichever is earlier) shall form part of the common expenses and proportionate share whereof shall be borne by the Allottees. That after After expiry of the Said Apartment insurance, the Association of Allottees shall be responsible for renewing the same. 14.4 It is handed over clarified that the above said responsibility of the Promoter shall not cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Allottee or its nominee/agent, (iii) cases of force majeure, (iv) failure to maintain the amenities/equipments (v) accident and (vi) negligent use. Warranty for all consumables or equipments used such as generators, lifts, fittings and fixtures, will be as provided by the respective manufacturers on their standard terms. It is agreed and recorded that the allottees shall also pay maintenance charges for maintenance of the project and its facilities and amenities during the period of first five years and thereafter. In case non- payment of maintenance charges by the allottee and there being discontinuation of proper maintenance in that event the promoter should not be held as liable as default on its part under this clause. Provided that where the manufacturer warranty as shown by the Promoter to the Allottee and/or ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to Apartment/Phase /Complex and if the Association of allottees annual maintenance contracts are not done /renewed by the allottees, the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes defects occurring due to the structural wallssame. The Project as a whole has been conceived, flooring, any additional construction implemented in designed and constructed based on the duct areas) or any part of the said Building commitments and warranties given by the Allottee or for any failurevendors/manufacturers that all equipments, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within fittings shall be maintained and covered by maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Said Apartment or by any or all Apartments and the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control common areas/common parts and other general safety equipment, related facilities and serviceswherever applicable. The Allottee understands has been made aware and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided expressly agrees that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to regular wear and tear of whatsoever nature the Apartment/Phase /Complex excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20 degrees Celsius and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for structure of the cost Apartment/Phase /Complex and in the workmanship executed keeping in mind the aforesaid agreed clauses of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own coststhis Agreement.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionobtaining Completion Certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after It is clarified that the Said Apartment is handed over said responsibility of the Promoter shall not cover defects, damage, or malfunction resulting from (i) misuse or negligent use (ii) unauthorised modifications or repairs done by the Allottee or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/equipments and (v) accidents. Provided that where the manufacturer’s warranty as shown by the Promoter to the Allottee and/or Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to said Apartment but the Association of allottees annual maintenance contracts are not done/renewed by the Allottee(s), the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change occurring due to the onslaught of natural elementssame. The said Project as a whole has been conceived, which cannot be attributable to designed and constructed based on the Promoter or beyond the control of commitments and warranties given by the Promoter/Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project installations and facilities wherever applicable. After The Allottee(s) has/have been made aware and the Possession Date, any damage due to Allottee(s) expressly agree(s) that the regular wear and tear of whatsoever nature the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200 C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for structure of the cost Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own coststhis Agreement.

Appears in 1 contract

Samples: Sale Agreement

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DEFECT LIABILITY. 12.1. a) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter within a period of 5 (fiveFive) years by the Allottee Purchaser from the date of handing over possessionobtaining Completion Certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirtyThirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Purchaser shall be entitled to receive / recover appropriate compensation in the manner as provided under applicable laws for the Acttime being in force. 12.2. That after the Said Apartment b) However, it is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts clarified that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws applicable statute for the time being in force shall not cover defects, damage or malfunction resulting from the date of handing over of following events: (i) where the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified manufacturer warranty as shown by the Promoter at his own cost to the Purchaser ends before the Defect Liability period and such warranties are covered under the maintenance of the said Apartment and if the annual maintenance contracts are not done/renewed by the Purchaser; (ii) regular wear and tear of the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in case it is temperature of more than 20* C and which do not possible amount to rectify structural defects and bad workmanship or structural defect; (iii) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Purchaser taking over possession of the Apartment, 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 defectschanges; (iv) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Purchaser, 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 or alterations; (v) If there are changes, modifications or alterations in doors, windows or other related items, then Allottee shall 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 or alterations; (vi) If the Purchaser after taking actual physical possession of the Apartment, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment by making any changes in the 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 or changes will not be entitled to receive from entertained by the Promoter, compensation ; (vii) 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 such defect reasons other than as mentioned above the Promoter shall get it rectified at its own cost. (viii) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Purchaser or his/her agents in the manner as in which same is required to be maintained. (ix) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided under the Act and the Rules and Regulations therein. Provided that by the Promoter shall not be liable in respect the Common Areas and/or in the Apartment going out of any structural defect order or defects on account of workmanship, quality or provision of service or natural change malfunctioning due to the onslaught of natural elements, which canvoltage fluctuations or other reasons not be attributable to the Promoter or beyond under the control of the Promoter. After Promoter and not amounting to poor workmanship or manufacture thereof. (x) If the Possession Date, any damage Architect certifies that such defects are not manufacturing defect or due to wear poor workmanship or poor quality. c) It is expressly agreed that before any liability of defect is claimed by or on behalf of Purchaser it shall be necessary to mutually appoint an expert who shall be a nominated surveyor who shall survey and tear of whatsoever nature is caused assess the same and then submit a report to thereto (save and except state the defects as mentioned in Clause 12.1)material used in the structure built by the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Deed. d) Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Purchaser, 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 not be responsible for the cost relieved of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsits obligations contained in clause VII hereinabove.

Appears in 1 contract

Samples: Indenture

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale this Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionhandover of possession of the Apartment, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That The Promoter shall however not be liable to rectify any defect occurring under the following circumstances: (i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Said Apartment is handed Allottee taking over possession of the Apartment, 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 or alteration in electrical lines and wirings after possession has been given to the 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 or alterations. (iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Allottee and/or 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 or alterations. (iv) If the maintenance Allottee after taking actual physical possession of the Schedule A Property is handed over Apartment, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment by making any changes in the 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 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 walls and RCC beams and columns. Any such cracks are normal in buildings and needs to the Association of allottees 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 and fittings and fixtures provided by the Promoter or other vendors are not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building being maintained by the Allottee or for any failure, negligence its agents in implementing the interior decoration manner in which same is required to be maintained or have been tampered with or fitted or refitted in non-compliance or ignorance of the Said Apartmentproduct use requirements, act product maintenance requirements or omission, obstruction, alteration, modification, restraint annual maintenance requirements as per the manufacturer’s guidelines for such material or improper use fittings. (vii) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Allottee Promoter in the Common Areas, Amenities and Facilities and/or in the Apartment going out of any order or malfunctioning due to voltage fluctuations or other reasons not under the control of the internal fixtures Promoter and fitting within not amounting to poor workmanship or manufacture thereof. (viii) If the Said Apartment Architect certifies that such defects are not manufacturing defect or by any due to poor workmanship or all poor quality. (ix) If the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control annual maintenance contracts and other general safety equipment, related facilities licenses are not validly maintained by the Association. (x) Notwithstanding anything hereinbefore contained it is hereby expressly agreed and services. The Allottee understands and accepts understood that in any of the above acts or omissions by case the Allottee, without first notifying the Defect Liability 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 towards the Said Apartment will automatically and forthwith lapseshall be relieved of its obligations contained in Clause 12.1 hereinabove. 12.3. If The Allottee agrees that in case of any major structural alterations, changes and/or modifications are carried out by the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear of whatsoever nature is caused to thereto Apartment (save and except the defects as mentioned in Clause 12.1minor renovation and interior work), the Promoter Promoter’s obligation under Clause 12.1 above shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee cease to have effect and the Allottee alone shall be liable deemed to rectify and reinstate have waived its right to avail the same at his/her/its/their own costsremedy provided in Clause 12.1 above.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Promoters as per the agreement for sale relating to such development Agreement To Sell is brought to the notice of the Promoter Promoters within a period of 5 (five) years by the Allottee Buyer from the date of handing over possession, it shall be the duty of the Promoter Promoters to rectify such defects without further charge, within 30 (thirty) thirty days, and in the event of Promoter's Promoters’ failure to rectify such defects within such time, the aggrieved Allottee Buyer shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after The Buyer shall, in order to mitigate any further prejudicial effect, notify the Said Apartment is handed over to the Allottee and/or the maintenance Promoters of such structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Schedule A Property is handed over to the Association of allottees Promoters, the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment a prompt manner and preferably within 7 (including changes to the structural walls, flooring, any additional construction implemented in the duct areasseven) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws days from the date of handing occurrence. However, the Promoters shall not be liable for rectification of defects in the following circumstances: (i) if the same has resulted due to any act, omission or negligence attributable to the Buyer or non-compliance of any Applicable Laws by the Buyer; and (ii) the defects that are the result of ordinary wear and tear in due course. Provided that the Buyer understands that there is a fundamental difference between hand over of the Said Apartment building/ constructions or infrastructure services and systems free from defects on the one hand and maintenance of handed over building/ constructions or infrastructure services and systems so as to maintain defect free functioning which by its nature is a lifelong process. Accordingly, the Allotteecontinued maintenance of the systems handed over would not be the responsibility of the Promoters, and the Promoters shall not be liable for rectification of any defects therein. Provided further that in case rectification of any such structural defect or any genuine and not perceived or purported other defect on account of workmanship in workmanship, quality or provision of service then, wherever possible such defects shall be rectified services by the Promoter Promoters at his own cost the Real Estate Project, reasonably and in case it is not possible to rectify such defectsthe ordinary course requires additional time beyond the said 30 (thirty) days, then Allottee the Promoters shall be entitled to the same, provided an intimation thereof has been provided to the Buyer prior to expiry of the said initial 30 (thirty) days. The Buyer hereby agrees to such additional time / extension of time without being entitled to / making any claim to receive from the Promoter, appropriate compensation for such defect in the manner as provided under the Act and and/or otherwise under the Rules and Regulations thereinApplicable Laws. Provided that Further, the Promoter Promoters shall not be liable held responsible for any delay in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change completing the rectification if the same is caused due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of renon-instating and/or repairing such damage caused by the Allottee cooperation from other apartment allottees / owners and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsAssociation of Buyers.

Appears in 1 contract

Samples: Conveyance Deed

DEFECT LIABILITY. 12.1. 17.1 It is agreed that in case any structural defect in the Apartment or the building in which the Apartment is situated or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale this Agreement relating to such development is brought to the notice of the Promoter within a period of 5 five (five5) years by the Allottee Allottee(s) from the date of handing over possessionOffer Letter, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 thirty (thirty30) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee Allottee(s) shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over However, in case any damage to the Allottee said Unit is caused by the Allottee(s) and/or the maintenance of the Schedule A Property is handed over any reasonable wear and tear and/or any damage caused due to the Association of allottees , the Promoter Force Majeure shall not be responsible for any consequence or covered under defect liability period. 17.2 The Promoter further represents that the word defect here means only the construction defects caused on account of wilful negligence on the part of the Promoter and shall not mean defects caused by normal wear & tear, negligent use of said Apartment by the occupants, vagaries of nature etc. Defect in fittings and fixture are not included therein. 17.3 It is further agreed that the Allottee/s shall not carry out any change implemented alterations whatsoever in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented or in the duct areas) fittings therein, in particular it is agreed that the Allottee/s shall not make any alterations in any of the RCC structure, fittings, pipes, water supply connections or any part other erection in the bathroom, toilet, WC, terrace, etc. If any of the said Building by the Allottee such works are carried out or for any failure, negligence heavy load are stored in implementing the interior decoration of the Said Apartment, act balcony, terrace, etc., or omissionany liability including the defect liability automatically shall become void & the Allottee/s alone shall be responsible for it. Further, obstructionthe Allottee/s will be liable to pay for the damages, alterationif any, modification, restraint or improper use by to the Allottee of any Allottee/s User of the internal fixtures and fitting within below premises of his/her/ their Apartment or any affected premises, due to the Said Apartment Allottee/s or by any other Allottee/s act or all negligence and if the allottees service providers or their agents with regards Allottee/s premises is damaged, then the repairs shall have to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions be carried out by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation party responsible for such defect in the manner as provided under the Act an act and the Rules and Regulations therein. Provided that the Promoter shall not be liable for the same. 17.4 The Promoter will provide certain electronic & mechanical equipment manufactured by third party as part of specifications /amenities inside the Said Apartment as well as in respect the said project. Such as security system, intercom system, Lifts, Generators, Geyser/Boiler, Mechanical Car Parking Unit, Windows etc. The Promoter shall provide all the said equipment of any structural defect or defects on account standard company make, at its own cost. The Warranty and guarantee of workmanshipthese Electronic & Mechanical equipment will be as per the manufacturer’s policies, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to thus the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall will not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsinclude theses electronic & mechanical equipment under promoters defect liability obligation.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionpossession or the date of issue the completion / occupancy certificate, whichever is earlier, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after It is expressly agreed and understood that in case the Said Apartment is handed over Allottee, without first notifying the Promoter and without giving to the Promoter the opportunity to inspect assess and determine the nature of such defect, alters the state and condition of such defect, then the Promoter shall be relieved of its obligations contained in the para immediately preceding and the Allottee and/or shall not be entitled to any cost or compensation in respect thereof. The Project as a whole has been conceived, designed and constructed based on the maintenance commitments and warranties given by the vendors/manufacturers that all equipments, fittings and fixtures shall be maintained and covered by the maintenance/warranty contracts in order to continue the warranty in both the Apartment and the common amenities/facilities in the Project. It is also agreed that the obligation and liability of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence arise if the defect has arisen owing to act or defect liability on account omission of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for the Association of Allottees and/or any failure, negligence in implementing other person or if the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use related annual maintenance contract and other licenses are not validly maintained by the Allottee Allottee/Association of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and servicesAllottees/Competent Authority. The Allottee understands has been made aware and accepts expressly agrees that in any the regular wear and tear of the above acts Apartment/Building Block/Project excludes minor hairline cracks on the external and internal walls (excluding RCC structure) which happens due to variation of temperature and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or omissions structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of the Allottee/Association of Allottees, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects it shall be rectified by the Promoter at his own cost and in case it is not possible necessary to rectify such defects, then Allottee appoint an expert who shall be entitled a nominated surveyor who shall survey and assess the same and then submit a report to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of state whether there is any structural defect or defects on account of any other defect in workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control services in terms of the Promoter. After the Possession Date, any damage due to wear and tear aforesaid agreed clauses of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own coststhis Agreement.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. 15.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Developer as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter Developer within a period of 5 (five) years by the Allottee from the date of handing over possession, save those as mentioned in clause 15.2 below, it shall be the duty of the Promoter Developer to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's Developer’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under applicable laws for the Acttime being in force. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter 15.2 The Developer shall not be responsible for liable to rectify any consequence defect occurring under the following circumstances: i) If there are changes, modifications or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee taking over possession of the Apartment, the Developer will not take any responsibility of waterproofing, cracks or any defect liability on account in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes; ii) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee, the Developer will not take any responsibility of any change implemented defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations; iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Developer 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 or alterations; iv) If the Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and/or alteration in the Said layout of the internal walls of the Apartment (including by making any changes to in the structural wallsApartment, flooringthen any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be entertained by the Developer; v) Cracks developing on joints of brick walls and RCC beams or columns or vertical Bands or horizontal Bands arising out of different materials which have different coefficient of expansion and contraction, any additional construction implemented such cracks being normal in high rise buildings and need to be repaired by Allottee or Association from time to time, as the duct areascase may be, Provided However that any cracks which develop for reasons other than as mentioned above, the Developer shall get it rectified at its own cost. vi) If the materials and fittings and fixtures provided by the Developer are not being maintained or any part of the said Building used by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their his / her agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as in which same is required to be maintained or used. vii) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided under by the Act and Developer in the Rules and Regulations therein. Provided that Common Areas and/or in the Promoter shall not be liable in respect Apartment going out of any structural defect order or defects on account of workmanship, quality or provision of service or natural change malfunctioning due to the onslaught of natural elements, which canvoltage fluctuation or other reasons not be attributable to the Promoter or beyond under the control of the Promoter. After Developer and not amounting to poor workmanship or manufacture thereof. viii) If the Possession Date, any damage Project Architect(s) certifies that the defects complained of are not manufacturing defect or due to poor workmanship or poor quality. ix) There being any deterioration in the quality or functioning of any electrical or mechanical systems, instruments, appliances and/or gadgets installed in the Project or the Apartment due to normal wear and tear and/or any physical damage thereto. x) Notwithstanding anything hereinbefore contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Developer and without giving the Developer the reasonable opportunity to inspect, assess and determine the nature of whatsoever nature is caused to thereto (save purported defect in the Apartment, alters the state and except condition of the defects as mentioned in Clause 12.1)area of the purported defect, then the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone Developer shall be liable to rectify and reinstate the same at his/her/its/their own costsrelieved of its obligations contained in clause 15 hereinabove.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over obtaining completion certificate and Notice of possession, it shall be the duty of the Promoter to rectify such defects through the structural engineer without further charge, within 30 (thirty) days, and in the event of Promoter's Xxxxxxxx’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein 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 Row House/Bungalow, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 14 hereinabove. The Promoter shall obtain all such insurances, including but not limited to insurance of this Project including Land and the cost of such Insurance till transfer of the Insurance in favor of the Association of Row House/Bungalow Owners. shall form part of the common expenses proportionate share whereof shall be borne by the Allottees. After expiry of the Insurance the Association of Allottees shall be responsible for renewing the same. It is clarified that the above said responsibility of the Promoter shall not cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Owner or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/equipments (v) accident and (iv) negligent use. Warranty for all consumables or equipments used such as generators, lifts, fittings and fixtures, will be as provided by the respective manufacturers on their standard xxxxx.Xx is agreed and recorded that the allottee of flats should also pay maintenance charges for maintenance of the project and its facilities and amenities during the period of first five years and thereafter. In case non-payment of maintenance charges by the allottee and there being discontinuation of proper maintenance in that event the promoter should not be held as liable as default on its part under this clause. Notwithstanding anything contained in the above clause the following exclusions are made a. Equipment (lifts, generator, motors, STP, transformers, gym equipment etc) which carry manufacturer’s guarantees for a limited period. Thereafter the welfare association /society shall take annual maintenance contract with the suppliers. The Promoter shall transfer manufacturers guarantees/warrantees to the allottee or association of allottees as the case may be. 12.2b. Fittings related to plumbing, sanitary, electrical, hardware, etc. That after having natural wear and tear. c. Allowable structural and other deformations, deviations, misalignments, including expansion , quotient. d. The terms of work like painting etc. which are subject to wear and tear. Provided that where the Said Apartment is handed over manufacturer warranty as shown by the Promoter to the Allottee and/or ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to said Unit/building/phase wing and if the Association of allottees annual maintenance contracts are not done /renewed by the allottees, the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes defects occurring due to the structural wallssame. The Project as a whole has been conceived, flooring, any additional construction implemented in designed and constructed based on the duct areas) or any part of the said Building commitments and warranties given by the Allottee or for any failureVendors/Manufacturers that all equipments, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within fittings shall be maintained and covered by maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Said Apartment or by any or all Row House/Bungalows and the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and servicesCommon project amenities wherever applicable. The Allottee understands has been made aware and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided expressly agrees that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to regular wear and tear of whatsoever nature the Unit/Building/phase/wing excludes minor hairline cracks on the external and internal walls including the RCC structure which happens due to variation in temperature of more than 20* C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused structure built by the Allottee Unit /phase/wing and in the Allottee alone shall be liable to rectify and reinstate workmanship executed keeping in mind the same at his/her/its/their own costsaforesaid agreed clauses of this Agreement.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. 12.1. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. Provided however, that the Allottee/s shall not carry out any alterations of the whatsoever nature in the said apartment/Flat.If any of such works are carried out without the written consent of the Promoter the defect liability automatically shall become void. The word defect here means only the manufacturing and workmanship defect/s caused on account of wilful neglect on the part of the Promoter, and shall not mean defect/s caused by normal wear and tear and by negligent use of apartment by the Occupants, vagaries of nature etc. 12.2. 12.2 That after it shall be the Said Apartment is handed over responsibility of the allottee to maintain his unit in a proper manner and take all due care needed including but not limiting to the Allottee and/or joints in the tiles in his flat are regularly filled with white cement/epoxy or any other relevant treatment to prevent water seepage. Further where the manufacturer warranty as shown by the developer to the allottee ends before the defects liability period and such warranties are Covered/open under the maintenance of the Schedule A Property is handed over to said unit/building/phase/ wing, and if the Association of allottees , annual maintenance contracts are not done/renewed by the Promoter allottee/s the promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change occurring due to the onslaught of natural elements, which cannot same. It shall be attributable to the Promoter or beyond the control duty of the PromoterAllottee to visit the site and satisfy Him/her is all respect about the quality of construction. After It shall be responsibility of the Possession Dateallottee to satisfy himself/herself in all respect before taking possession of the Apartment/Flat. 12.3 It is expressly agreed that before any liability of defect is claimed by or on behalf of the allottee, any damage due it shall be necessary to wear appoint an expert who shall be a nominated surveyor who shall survey and tear of whatsoever nature is caused assess the same and shall then submit a report to thereto (save and except state the defects as mentioned in Clause 12.1)materials used, in the Promoter shall not be responsible for structure built of the cost Apartment/flat and in the workmanship executed keeping in mind the aforesaid agreed clauses of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own coststhis agreement.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case If within a period of five years from the date of handing over the Flat to the Allottee/s, the Allottee/s brings to the notice of the Developer any structural defect in the Flat or the building in which the said Flat is situated or any other defect in defects on account of workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionservice, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter Developer at his own cost and in case it is not possible to rectify such defects, then Allottee the Allottee/s shall be entitled to receive from the Promoter, Developer compensation for such defect in the manner as provided under the Act Act. Provided however, that the Allottee/s shall not carry out any alterations of whatsoever nature in the said flat of phase/wing and in specific the Rules and Regulations structure of the said flat/wing/phase of the said building which shall include but not limit to columns, beams, etc. or in the fittings therein. Provided In particular it is hereby agreed that the Promoter Allottee/s shall not be liable make any alterations in respect any of the fittings, pipes, water supply connections or any structural erection or alteration in the bathroom, toilet and kitchen, which may result in seepage of the water. If any of such works are carried out without the written consent of the Developer then the defect or defects liability automatically shall become void. The word defect here means only the manufacturing and workmanship defect/s caused on account of workmanship, quality or provision of service or natural change due to willful neglect on the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control part of the Promoter. After the Possession DateDeveloper, any damage due to and shall not mean defect/s caused by normal wear and tear and by negligent use of whatsoever flat by the Occupants, vagaries of nature is caused etc. That it shall be the responsibility of the allottee/s to thereto (save maintain his unit in a proper manner and except take all due care needed including but not limiting to the joints in the tiles in his flat are regularly filled with white cement/epoxy to prevent water seepage. Further where the manufacturer warranty as shown by the developer to the allottee ends before the defects as mentioned in Clause 12.1)liability period and such warranties are covered under the maintenance of the said unit/building/phase/wing, and if the Promoter annual maintenance contracts are not done/renewed by the allottee/s the Developer shall not be responsible for any defects occurring due to the cost of re-instating and/or repairing such damage caused same. That the project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Allottee vendors/manufacturers that all equipments, fixtures and fittings shall be maintained and covered by maintenance/warranty contracts so as it to be sustainable and in proper working condition to continue warranty in both the flats and the Allottee alone common project amenities wherever applicable. That the allottee/s has been made aware and that the allottee/s expressly agrees that the regular wear and tear of the unit/building/phase/wing includes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20* C 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 the allottee/s, it shall be liable necessary to rectify appoint an expert who shall be a nominated surveyor who shall survey and reinstate assess the same at hisand shall then submit a report to state the defects in materials used, in the structure built of the unit/herphase/its/their own costswing and in the workmanship executed keeping in mind the aforesaid agreed clauses of this agreement.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Developer as per the agreement for sale relating to such development is brought to the notice of the Promoter Developer within a period of 5 (five) years by the Allottee from the date of handing over possessionissuance of the completion certificate, it shall be the duty of the Promoter Developer to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure of the Developer to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. The Developer shall not be liable for the damage/ decay caused by natural wear and tear or by any act and/or neglect of the allottees. 12.212.2 It is clarified that the above responsibility of the Developer shall not cover defects, damages or malfunction due to (i) misuse, (ii) unauthorized modifications or repairs done by the allottees or the Association, (iii) cases of force xxxxxx, (iv) failure to maintain the amenities and installations, (v) accident and (vi) negligent use. That after Provided that where the Said Apartment is handed over manufacturer warranty as shown by the Developer to the Allottee and/or allottees ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to said Apartment/Building and if the Association of allottees annual maintenance contracts are not done/ renewed by the allottees, the Promoter Developer shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes defects occurring due to the structural wallssame. The Project as a whole has been conceived, flooring, any additional construction implemented in designed and constructed based on the duct areas) or any part of the said Building commitments and warranties given by the Allottee or for any failurevendors/manufacturers/suppliers that all equipment, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within fittings shall be maintained and covered by maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty for both the Said Apartment or by any or all Apartments and the allottees service providers or their agents with regards to the fire equipmentCommon Areas, fire protection systems, lifts, their supporting equipment, pollution control Amenities and other general safety equipment, related facilities and servicesInstallations wherever applicable. The Allottee understands has been made aware and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided expressly agrees that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to regular wear and tear of whatsoever nature the Apartment/Building excludes minor hairline cracks on the external and internal walls which happens due to variation in temperature of more than 20* C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee, it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible structure built by the Developer for the cost Apartment/ Building and in the workmanship executed keeping in view the aforesaid agreed terms of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own coststhis Agreement.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or defector any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the tothenoticeofthePromoterwithinaperiodof2(two)yearsbytheAllotteefromthe date of handing over possessionobtaining completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 60 (thirtySixty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after The Promoter hereto declare that upon delivery of the Said possession of the Apartment is handed over to the Allottee Apartment owners, the liability of the external maintenance like repairing or colouring et cetera of the said Building shall be upon the Apartment Owners and/or Association, as the case may be.The Promoter shall not have any liability to maintain internal pipeline or internal electric line and shall not have any liability regarding sweeper. The Promoter shall have the liability to maintain the outside and common pipeline. But if the common pipeline or the outside pipeline is blocked by any of the Apartment ownersdue to throwing of choking substance or hazardous substance by the respective Apartment ownersand in such circumstances the respective Apartment owners shall have to bear the cost of the maintenance and the cost of clearing the Schedule A Property is handed over to the Association of allottees , the choking substance. 12.3. The Promoter shall not be responsible for liable to rectify any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated occurring under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it following circumstances: i. It is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided clarified that the Promoter shall not be liable for any such defects if the same has been caused by reason of the default and/or negligence of the Allottees and/or any other allottees in respect the Project or acts of any structural defect third party(ies) or defects on account of workmanshipany force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees and/or any other allottee/person in the Project. ii. If there are changes, quality modifications or provision alteration in plumbing pipes and/or fittings and/or fixtures or change of service wall or natural change floor tiles after the Allottee taking over possession of the Apartment, 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; iii. If there are changes, modifications or alteration in electrical lines and/or wiring's after said possession unto the onslaught Allottee, the Promoter will not take any responsibility of natural elementsany defect in electrical lines and wiring's that have developed directly or indirectly due to such changes, which canmodifications or alterations; iv. If there are changes, modifications or alterations in doors, windows or other related 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 or alterations; v. If the Allottee executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment or by making any changes in the 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 or changes will not be attributable to entertained by the Promoter; vi. If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or beyond his / her agents in the manner in which same is required to be maintained; vii. Iny electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Portions and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the PromoterPromoter and not amounting to poor workmanship or manufacture thereof. viii. After If the Possession Date, any damage Architect certifies that such defects are not manufacturing defect or due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costspoor workmanship or poor quality.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. 12.1. 18.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date issuance of handing over possessionthe occupancy/completion certificate by the Kolkata Municipal Corporation and the same being certified by the Architect for the time being for the Project occurred due to the acts of the Promoter, it shall be the duty of the Promoter to proceed to rectify such defects without further charge, change within 30 (thirty) days, and in the event of Promoter's failure to proceed to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. 18.2 Provided that the Promoter shall not be liable in respect to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any structural defect person appointed by him or defects on account of workmanshipacting under him or under his instructions) or arising due to any normal wear and tear caused and/or occasioned, quality directly or provision of service indirectly, by or natural change due to the onslaught delay on the part of natural elements, which canthe Allottee in taking timely hand over of the Allotted Apartment in the manner stipulated in and subject to the terms of the Agreement or not be using the Allotted Apartment or due to reasons not solely attributable to the Promoter or beyond if the control related annual maintenance contracts and the licenses are not validly maintained by the Association of the PromoterAllottees. 18.3 Provided Further that it is declared by the Promoter and the Allottee hereby acknowledges that any manufacturing or other defect in any branded inputs or fixtures or services of a third party; and/or any equipments (including but not limited to elevators, generators, motors, sewage treatment plants, transformers, electrical installations and gym equipment) which carry manufacturer’s guarantees for a limited period; and/or fittings relating to plumbing, sanitary, electrical, hardware, etc. After having natural wear and tear; and/or allowable structural and other deformations including expansion quotient or non-structural cracks appearing in the Possession Date, external and internal walls of structures on account of variations in temperature or any damage other defects due to wear occurrence of force majeure event(s) shall not be covered under this clause. 18.4 Notwithstanding anything herein contained it is hereby expressly agreed and tear 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 whatsoever nature is caused to thereto (save purported defect in the Apartment, alters the state and except condition of the defects as mentioned in Clause 12.1)area of the purported defect, then the Promoter shall not be responsible for the cost relieved of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsits obligations contained hereinabove in this clause.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it Any defect or insufficiency in the allotted unit with respect to workmanshi p, quality or provision of services or any obligations of the Promoter as per the agreement for sale relating to such development is noticed by The Allottee can be rectified by the PROMOTER, if brought to its notice within 1 (one) month of taking possessio n by the Allottee. It shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover rec eive appropriate compensation in the manner as provided under the Act. 12.2. That after 12.2 Provide that the Said Apartment is handed over defect liability mentioned herein this agreement shall be subject to the Allottee and/or the maintenance allottee not making any changes of the Schedule A Property is handed over to the Association of allottees whatsoever nature, the Promoter shall not be responsible for any consequence whether structural or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) otherwise or any part of the said Building by the Allottee way of relocation or for any failure, negligence in implementing the interior decoration of the Said Apartment, act by tempering or omission, obstruction, alteration, modification, restraint or improper use by the Allottee modification of any of the internal fixtures and fitting within the Said Apartment provided components, facilities, fitments etc. Any brekage or damage, intentional or by any or all negligence, subsequent to possession in the allottees service providers or their agents with regards areas appurtenant to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts plot will not be covered under the defect liability. 12.3 Provided also that in any the benchmark of the above acts workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. 12.4 Provided however that the warranty of the fitments, machines or omissions products etc. for which there is a separate warranty rendered by the Allotteemanufacturer/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machi nes, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the Defect Liability of the Promoter towards the Said Apartment will automatically defect liability for such products/ machines/ fitments etc shall be restricted and forthwith lapse. 12.3. If the Allottee brings limited to the notice of the Promoter warranty liability to provide any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act cure/ cover and the Rules a xxxx terms and Regulations therein. Provided that the Promoter shall not be liable in respect conditions of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsrespective warranties.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five5-(five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects through the structural engineer without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottee(s) shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after The Promoter shall obtain all such insurances, including but not limited to insurance of this Project and the Said cost of such Insurance till transfer of the Insurance in favor of the Association of Apartment is handed over Owners shall form part of the common expenses proportionate share whereof shall be borne by the Allottee(s). Provided that where the manufacturer warranty as shown by the Promoter to the Allottee and/or ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to said Unit/building/phase wing and if the Association of allottees annual maintenance contracts are not done/renewed by the allottee(s), the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes defects occurring due to the structural wallssame. The Project as a whole has been conceived, flooring, any additional construction implemented in designed and constructed based on the duct areas) or any part of the said Building commitments and warranties given by the Allottee or for any failureVendors/Manufacturers that all equipments, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within fittings shall be maintained and covered by maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Said Apartment or by any or all Apartments and the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and servicesCommon project amenities wherever applicable. The Allottee understands has been made aware and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided expressly agrees that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to regular wear and tear of whatsoever nature the Unit/Building/phase/wing excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20* C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused structure built by the Allottee Unit /wing and in the Allottee alone shall be liable to rectify and reinstate workmanship executed keeping in mind the same at his/her/its/their own costsaforesaid agreed clauses of this Agreement.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. (i) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale this Agreement relating to such development the Project is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. It is clarified that, the applicability of this Defect Liability clause shall be subject to provisions of Clause 7.3 above. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees (ii) Additionally, the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect case of any structural defect the following : a) Structural defects caused or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter Allottee(s) including by carrying out structural or beyond architectural changes from the control original design attributes, demolition, dismantling, making openings, removing or re-sizing the original structural framework, putting excess or heavy loads or using the premises other than for its intended purpose b) Structural defects caused by accidental breaking of fire or any kind of explosion of gas cylinder etc. c) Structural defects induced anyhow by failure of waterproofing system(s) of the Promoter. After premises or the Possession Datebuilding. d) Structural defects induced by Force Majeure situations, such as war, flood, act of God, explosions of any kind by terrorist etc. e) Structural defects occurring in the Unit or unit that has undergone civil renovations. (iii) In the event of any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1)hereinabove) after the CAM Commencement Date, the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee Allottee(s) and the Allottee Allottee(s) alone shall be liable to rectify and reinstate the same at his/her/its/their its own costscosts and expenses.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter 9.1 If within a period of 5 (five) five years by the Allottee from the date of handing over possession, it shall be the duty possession of the Promoter Apartment to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect Structural Defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect defects on account of workmanship workmanship, quality or provision of service services (excluding wear and tear and misuse), then, wherever possible such defects (unless caused by or attributable to the Allottee) shall be rectified by the Promoter at his his/ her/ its own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the Promoter, reasonable compensation for rectifying such defect in based on the manner estimated cost of rectifying such defects as provided under determined by the Act and Architect of the Rules and Regulations thereinPromoter. Provided that the Promoter shall not be liable in respect of any structural defect Structural Defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After Notwithstanding anything stated in this clause or elsewhere in this Agreement, the Possession DatePromoter shall not be in any way liable to repair or provide compensation for Structural Defects as set out in this clause where the Allottee has made any structural changes in the Apartment or in the materials used thereon. 9.2 The Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the vendors/ manufacturers that all equipment, fixtures, and fittings shall be maintained and covered by maintenance/ warranty contracts. 9.3 The Parties hereby agree that the warranty period for the fixtures, fittings, articles, things and various other facilities/ amenities used/ installed for development of the Apartment/ Building/ Project, shall be as per the warranties given by the respective manufacturers of such articles. It is further agreed that the Promoter shall not be liable in any damage due manner for any defects in such materials and related works. Further where the manufacturer warranty as shown by the Promoter to wear and tear of whatsoever nature is caused to thereto (save and except the Allottee ends before the defects as mentioned in Clause 12.1)liability period and such warranties are covered under the maintenance of the said Apartment/ Building, and if the annual maintenance contracts are not done/ renewed by the Allottee/ Maintenance Society, the Promoter shall not be responsible for any defects occurring due to the cost same. 9.4 It is expressly agreed that before any liability of re-instating and/or repairing such damage caused defect is claimed by or on behalf of the Allottee and the Allottee alone Allottee, it shall be liable necessary to rectify appoint an expert, who shall be a jointly nominated surveyor, who shall survey and reinstate access the same at his/her/its/their own costsand shall then submit a report to state the defects (if any) in materials used, in the structure built of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. 12.1. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Owners/Promoters as per the agreement for sale relating to such development is brought to the notice of the Promoter Owners/Promoters within a period of 5 (five) years by the Allottee Allottees from the date of handing over possessionobtaining the completion certificate, it shall be the duty of the Promoter Owners/Promoters to rectify such defects without further charge, within 30 (thirty) days, and in the event of Owners/Promoter's failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Owners/Promoters and without giving the Owners/Promoters 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 Owners/Promoters shall be relieved of its obligations contained in clause 12.1 hereinabove. 12.212.2 It is clarified that the Owners/Promoters shall not be liable for any such defects if the same have been caused by reason of the default and/or negligence of the Allottees and/or any other Allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs/redecoration/any other work undertaken by the Allottees and/or any other Allottees/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. That The Allottees is/are aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Owners/Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees and/or the association of Allottees shall have no claim(s) of whatsoever nature against the Owners/Promoters in this regard. Notwithstanding anything contained in the above clause the following exclusions are made a. Equipment (lifts, generator, motors, STP, WTP, transformers, gym equipment etc) which carry manufacturer’s guarantees for a limited period. There after the Said welfare association/society shall take annual maintenance contract with the suppliers. The Owners/ Promoters shall transfer manufacturer’s guarantees /warrantees to the allottee or association of allottees as the case may be. b. Fittings related to plumbing, sanitary, electrical, hardware, etc. Having natural wear and tear. c. Allowable structural and other deformations including expansion quotient. For Fortune Park Housing Projects Pvt. Ltd d. The terms of work like painting etc. which are subject to wear and tear. The Owners/Promoters may obtain all such insurances, including but not limited to insurance of this Project and the cost of such Insurance till transfer of the Insurance in favour of the Association of Apartment is handed over Owners, shall form part of the common expenses proportionate share whereof shall be borne by the Allottees. Provided that where the manufacturer warranty as shown by the Owners/Promoters to the Allottee and/or ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to said Unit/building/phase wing and if the Association of allottees annual maintenance contracts are not done /renewed by the allottees, the Promoter Owners/Promoters shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes defects occurring due to the structural wallssame. The Project as a whole has been conceived, flooring, any additional construction implemented in designed and constructed based on the duct areas) or any part of the said Building commitments and warranties given by the Allottee or for any failureVendors/Manufacturers that all equipment, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within fittings shall be maintained and covered by maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Said Apartment or by any or all Apartments and the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and servicesCommon project amenities wherever applicable. The Allottee understands has been made aware and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided expressly agrees that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to regular wear and tear of whatsoever nature the Unit/Building/phase/wing excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20* C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused structure built by the Allottee Unit /phase/wing and in the Allottee alone shall be liable to rectify and reinstate workmanship executed keeping in mind the same at his/her/its/their own costsaforesaid agreed clauses of this Agreement.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter by the Allottee within a period of 5 (five) years by the Allottee from the date of handing over possessioncompletion certificate and/or partial completion certificate of the building in which the Unit is situated, as the case may be, the Parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the Parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. Act Provided Further That after the Said Apartment is handed over to the Allottee and/or the maintenance obligation or liability of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for arise if the defect has arisen owing to any consequence Force Majeure event or defect liability on account owing to act or omission of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing other allottees or Association of allottees and/or any other person or if the interior decoration of portion alleged to have the Said Apartment, act defect has already been altered before the Promoter is able to view the same or omission, obstruction, alteration, modification, restraint or improper use if the related annual maintenance contracts and other licenses are not validly maintained by the Allottee association of any of the internal fixtures and fitting within the Said Apartment allottees or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and servicescompetent authority. The Allottee understands and accepts is aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in any immediate cessation of the above acts Promoter’s obligation to rectify any defects or omissions by compensate for the Allottee, the Defect Liability same as mentioned in this Clause. The decision of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable Architect in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due the matter referred to the onslaught of natural elements, which cannot in this clause shall be attributable to final and binding upon both the Promoter or beyond and the control of Allottee. However, the Promoter. After Allottee has been made aware and the Possession Date, any damage due to Allottee expressly agrees that the regular wear and tear of whatsoever nature the Residential Complex excludes minor hairline cracks on the external and internal walls excluding RCC structure which happens due to variation in temperature of more than 20 degree centigrade which do not amount to the structural defects and hence cannot be attributed to either bad workmanship or structural defects. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of the Allottee it shall be necessary to thereto (save appoint an expert/ surveyor to be nominated by the Architect of the Project, who shall survey and except assess the same and then submit report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for structure and in the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsworkmanship executed.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. a) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter within a period of 5 (fiveFive) years by the Allottee from the date of handing over possessionobtaining Completion Certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under applicable laws for the Acttime being in force. 12.2. That after the Said Apartment b) However, it is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts clarified that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws applicable statute for the time being in force shall not cover defects, damage or malfunction resulting from the date of handing over of following events: (i) where the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified manufacturer warranty as shown by the Promoter at his own cost to the Allottee ends before the Defect Liability period and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided warranties are covered under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control maintenance of the Promoter. After said flat/shop and if the Possession Date, any damage due to annual maintenance contracts are not done/renewed by the Allottee; (ii) regular wear and tear of whatsoever nature is caused the flat/shop excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to thereto variation in temperature of more than 20*C and which do not amount to structural defects and bad workmanship or structural defect; (save iii) If there are changes, modifications or alteration in plumbing pipes and except fittings and fixtures or change of wall or floor tiles after the defects as mentioned in Clause 12.1)Allottee taking over possession of the falt/shop, the Promoter shall 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; (iv) If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the 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 or alterations; (v) If there are changes, modifications or alterations in doors, windows or other related 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 or alterations; (vi) If the Purchaser after taking actual physical possession of the flat/shop, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the flat/shop by making any changes in the flat/shop, 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 or changes will not be responsible for entertained by the cost of re-instating and/or repairing such damage caused Promoter; (viii) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at or his/her/its/their own costsher agents in the manner in which same is required to be maintained.

Appears in 1 contract

Samples: Deed of Conveyance

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or in construction (excluding any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development purchased materials and/or items) is brought to the notice of the Promoter Co-owners / Developer within a period of 5 (five) years by the Allottee from the date of handing over deemed possession, it the Co-owners / Developer shall be the duty of the Promoter take steps to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's Co-owners / Developer’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided However that the Promoter Co-owners / Developer shall not be liable under any circumstances if any additions, alterations and/or modifications etc. have been made in respect of the Buildings, Common Areas and/or any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the PromoterApartment Units by the Allottees including the Allottee herein and/or if there is any deviation found from the sanctioned Building Plan. After It is further made clear that the Possession Datestructural defect, any damage if any, must be certified by a licensed Architect 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 whatsoever the Allottees and/or occupants of the Building. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottees, without first notifying the Co-owners / Developer and without giving the Co-owners / Developer the reasonable opportunity to inspect, assess and determine the nature is caused to thereto (save of purported defect in the Apartment, alters the state and except condition of the defects as mentioned area of the purported defect, then the Co-owners / Developer shall be relieved of its obligations contained hereinabove in Clause 12.1)this clause. However, the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee has been made aware and the Allottee alone expressly agrees that the regular wear and tear of the Residential Complex excludes minor hairline cracks on the external and internal walls excluding RCC structure which happens due to variation in temperature of more than 20 degree centigrade which do not amount of the structural defects and hence cannot be attributed to either bad workmanship or structural defects. It is expressly agreed that before any liability of defect is claimed by or on behalf of the allottee it shall be liable necessary to rectify appoint an expert/ surveyor to be nominated by the architect of the said project, who shall survey and reinstate assess the same at his/her/its/their own costsand then submit report to state the defects in material used in the structure and in the workmanship executed.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. 17.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Promoter/Developer as per the agreement for sale relating to such development is brought to the notice of the Promoter Promoter/Developer within a period of 5 (five) years by the Allottee Allottee/Purchaser from the date of handing over obtaining completion certificate and Notice of possession, it shall be the duty of the Promoter Promoter/Developer to rectify such defects through the structural engineer without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottee/Purchaser shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. Provided that the Promoter/Developer shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee/Purchaser (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter/Developer. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee/Purchaser, without first notifying the Promoter/Developer 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/Developer shall be relieved of its obligations as contained herein. 12.217.2 It is clarified that the above said responsibility of the Promoter/Developer shall not cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Allottee/Purchaser or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/equipments (v) accident and (iv) negligent use. That after Warranty for all consumables or equipments used such as generators, lifts, fittings and fixtures, will be as provided by the Said Apartment respective manufacturers on their standard terms. It is handed over agreed and recorded that the Allottee/Purchaser of their respective flats should also pay maintenance charges for maintenance of the project and its facilities and amenities during the period of first five years and thereafter. In case of non-payment of maintenance charges by the Allottee/Purchaser and there being discontinuation of proper maintenance in that event the Promoter/Developer should not be held as liable as default on its part under this clause. Notwithstanding anything contained in the above clause the following exclusions are made a. Equipment (lifts, generator, motors, transformers, gym equipment etc) which carry manufacturer’s guarantees for a limited period. Thereafter the welfare association /society shall take annual maintenance contract with the suppliers. The Promoter/Developer shall transfer manufacturers guarantees/warrantees to the Allottee and/or Allottee/Purchaser or Association of Allottees/Purchasers as the case may be. b. Fittings related to plumbing, sanitary, electrical, hardware, etc. having natural wear and tear. c. Allowable structural and other deformations, deviations, misalignments, including expansion, quotient. d. The terms of work like painting etc. which are subject to wear and tear. Provided that where the manufacturer warranty as shown by the Promoter/Developer to the Allottee/Purchaser ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to said Apartment/building and if the Association of allottees annual maintenance contracts are not done /renewed by the Allottees/Purchasers, the Promoter Promoter/Developer shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change occurring due to the onslaught of natural elementssame. The Project as a whole has been conceived, which cannot designed and constructed based on the commitments and warranties given by the Vendors/Manufacturers that all equipments, fixtures and fittings shall be attributable maintained and covered by maintenance/ warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Promoter or beyond Apartments and the control of Common project amenities wherever applicable. The Allottee/Purchaser has been made aware and the Promoter. After Allottee/Purchaser expressly agrees that the Possession Date, any damage due to regular wear and tear of whatsoever nature the Unit/Building excludes minor hairline cracks on the external and internal walls including the RCC structure 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 caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee/Purchaser it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for structure built of the cost Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own coststhis Agreement.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter (a) If within a period of 5 (five) five years by the Allottee from the date of handing over possession, it shall be the duty of Apartment to the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such timeAllottee/s, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee /s brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under or the relevant Laws from building in which the date of handing over of the Said Apartment to the Allottee, are situated or any genuine and not perceived or purported defect defects on account of workmanship workmanship, quality or provision of service service, then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations thereinAct. Provided that the Promoter warranty given above shall be valid only if – i) The Allottee/s don’t/ doesn’t not be liable carry out any alterations of the whatsoever nature in the said apartment of phase/ wing and in specific the structure of the said unit/ wing/ phase of the said building which shall include but not limited to columns, beams etc. or in the fittings therein, ii) Allottee/s don’t/ doesn’t make any alterations in any of the fittings, pipes, water supply connections or any erection or alteration in the bathroom, toilet and kitchen, which may result in seepage of the water. iii) Allottee/s organization of allottee/s shall renew and update the warranties by payment of requisite amount to the vendor or service provider in respect of any structural defect the bought out items or services; iv) The defects, repairs such as – leakage due to non-filling of the joints in tiles from time to time, wearing of the paint in passage of time, damage to flooring due to heavy loading and off loading of the goods, problems in functioning of the electric items such as lift, due to lack of maintenance are not covered under the warranty above. v) Further the defects and damages arising out of the unauthorized works by Allottee/s or organization without written permission of the promoter and lack of maintenance shall automatically nullify the warranty given hereby. vi) The word ‘defect’ here means only the manufacturing and workmanship defect/s caused on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control wilful neglect on part of the Promoter. After the Possession Date, any damage due to and shall not mean defect/s caused by normal wear and tear and by negligent use of whatsoever apartment by the Occupants, vagaries of nature is caused etc. vii) That it shall be the responsibility of the allottee/s to thereto (save maintain his unit in a proper manner and except take all due care needed including but not limiting to the joints in the tiles in his Apartment are regularly filled with white cement/epoxy to prevent water seepage. viii) Further where the manufacturer warranty as shown by the developer to the allottee/s ends before the defects as mentioned in Clause 12.1)liability period and such warranties are covered under the maintenance of the said unit/building/phase/ wing, and if the Promoter annual maintenance contracts are not renewed by the allottee/s the promoter shall not be responsible for any defects occurring due to the cost of re-instating and/or repairing such damage caused same. ix) That the project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Allottee vendors/ manufacturers that all equipment’s, fixtures and fittings shall be maintained and covered by maintenance/warranty contracts so as it to be sustainable and in proper working condition to continue warranty in both the Apartments and the Allottee alone shall common project amenities wherever applicable. x) That the allottee/s has been made aware and that the allottee/s expressly agrees that the regular wear and tear of the unit/ building/ phase/ wing includes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20 degree *C and which do not amount to structural defects and hence cannot be liable attributed to rectify and reinstate the same at his/her/its/their own costseither bad workmanship or structural defect.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale Agreement relating to such development is brought to the notice of the Promoter Developer within a period of 5 (five) years by the Allottee Purchaser from the date of handing over possession, it shall be the duty of the Promoter Developer to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's Developer’s failure to rectify such defects within such time, the aggrieved Allottee Purchaser shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after It is clarified that the Said Developer shall handing over possession of the Apartment is handed over on completion of the Project to the Allottee and/or Purchaser by way of issuance of a letter (“Letter of Handover”) which shall at all times be construed as an integral part of this Agreement. It is expressly agreed and understood that in case the maintenance Purchaser, without first notifying the Developer and without giving to the Developer the opportunity to inspect assess and determine the nature of such defect (which inspection Developer shall be required to complete within 15 days of receipt of the Schedule A Property is handed over to notice from the Association Purchaser), alters the state and condition of allottees such defect, then the Promoter Developer shall be relieved of its obligations contained in the Clause immediately preceding and the Purchaser shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoterany cost or compensation in respect thereof. Additionally, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect case of any structural defect the following: a. Structural defects caused or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter Purchaser(s) including by carrying out structural or beyond architectural changes from the control original design attributes, demolition, dismantling, making openings, removing or re-sizing the original structural framework, putting excess or heavy loads or using the premises other than for its intended purpose. b. Structural defects caused by accidental breaking of fire or any kind of explosion of gas cylinder etc. c. Structural defects induced anyhow by failure of waterproofing system(s) of the Promoter. After premises or the Possession Datebuilding. d. Structural defects induced by Force Majeure situations, such as war, flood, act of God, explosions of any damage due to wear and tear of whatsoever nature is caused to thereto (save and except kind by terrorist etc. e. Structural defects occurring in the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsUnit or unit that has undergone civil renovations.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development development(Other than normal wear and tear) is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionpossessionand/or the date whenthe possession was offered to allottee,, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over Provided that thedefect liability mentioned herein this agreement shall be subject to the Allottee and/or the maintenance allottee of making any changes of what so ever nature, whether structural or otherwise, or by way of relocation of by tempering or modification of any of the Schedule A Property is handed over to the Association of allottees installed/ construct new wall , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural wallscolumn, flooring, any additional construction implemented in the duct areas) beam or any part of structure done allottee himself/herself or done by promoter on the said Building written request of allottee or provided components, facilities, fitments, finished, any breakage or damage intentional or unintentional defect caused due to negligence or default of allottee or any other person on behalf of allottee, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided further that the guaranty / warranty of the fitments, machines, products or services etc are given by the Allottee supplier/provider of goods, material or services etc. Shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments, products or services etc. For which there is a separate guarantee / warranty provided by such manufacturer/trader/supplier the defect liability for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures such products/machine/product/ fitments/services etc. Shall be restricted and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards limited to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions warranty liability provided by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act manufacturer/trader/supplier and the Rules and Regulations therein. Provided that the Promoter promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall at all be liable to rectify provide any cure/cover over and reinstate above the same at his/her/its/their own coststerms and conditions of such respective warranties.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. 12.1. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee(s) from the date of handing over possession, save those as mentioned in clause 12.2 below, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottee(s) shall be entitled to receive / recover appropriate compensation in the manner as provided under applicable laws for the Acttime being in force. It is clarified that the above said responsibility of the Promoter shall not cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Owner or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/equipments (v) accident and (iv) negligent use. Warranty for all consumables or equipments used such as generators, lifts, fittings and fixtures, will be as provided by the respective manufacturers on their standard xxxxx. 12.2Xx is agreed and recorded that the allottee of apartments should also pay maintenance charges for maintenance of the project and its facilities and amenities during the period of first five years and thereafter. That after In case non- payment of maintenance charges by the Said Apartment is handed over allottee and there being discontinuation of proper maintenance in that event the promoter should not be held as liable as default on its part under this clause. Provided that where the manufacturer warranty as shown by the Promoter to the Allottee and/or ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to said Unit/building/phase wing and if the Association of allottees annual maintenance contracts are not done /renewed by the allottees, the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes defects occurring due to the structural wallssame. The Project as a whole has been conceived, flooring, any additional construction implemented in designed and constructed based on the duct areas) or any part of the said Building commitments and warranties given by the Allottee or for any failureVendors/Manufacturers that all equipments, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within fittings shall be maintained and covered by maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Said Apartment or by any or all Apartments and the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and servicesCommon project amenities wherever applicable. The Allottee understands has been made aware and accepts the Allottee expressly agrees that in any the regular wear and tear of the above acts Unit/Building/phase/wing excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20* C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or omissions 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 who shall survey and assess the same and then submit a report to state the defects in material used in the structure built by the Allottee, Unit /phase/wing and in the Defect Liability workmanship executed keeping in mind the aforesaid agreed clauses of the Promoter towards the Said Apartment will automatically and forthwith lapsethis Agreement. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the 12.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances: i) If there are changes, modifications or alteration in respect plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee(s) taking over possession of the Apartment, 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 or alteration in electrical lines and wirings after said possession unto the Allottee(s), the Promoter will not take any responsibility of any structural defect in electrical lines and wirings that have developed directly or defects on account of workmanship, quality or provision of service or natural change indirectly due to such changes, modifications or alterations; iii) If there are changes, modifications or alterations in doors, windows or other related items, then the onslaught Promoter will not take responsibility of natural elementsdoor locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, which canmodifications or alterations; iv) If the Allottee(s) after taking actual physical possession of the Apartment, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment by making any changes in the 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 or changes will not be attributable 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 Towers 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 and fittings and fixtures provided by the Promoter are not being maintained by the Allottee(s) or beyond his / her/their 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 Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter. After Promoter and not amounting to poor workmanship or manufacture thereof. viii) If the Possession Date, any damage Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter AND FURTHER PROVIDED THAT the same has not been caused and/or occasioned directly and/or indirectly, by/due to any act of commission and/or omission of any act, deed or thing of/by the Allottee(s) and/or of/by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), etc. AND FURTHER PROVIDED THAT no steps have been/or taken by the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/itstheir/their its own costsvolition in an endeavor to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding. Notwithstanding anything herein 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 Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in clause 12 hereinabove.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over obtaining completion certificate and Notice of possession, it shall be the duty of the Promoter to rectify such defects through the structural engineer without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect is attributable to any acts or omissions or commissions of the Allottee (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the Promoter. Notwithstanding anything herein 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 its obligations contained in clause hereinabove. The Promoter shall obtain all such insurances, including but not limited to insurance of this Project and the cost of such Insurance till transfer of the Insurance in favor of the Association of Apartment Owners. shall form part of the common expenses proportionate share whereof shall be borne by the Allottees. It is clarified that the above said responsibility of the Promoter shall not cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Owner or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/equipments (v) accident and (iv) negligent use. Warranty for all consumables or equipments used such as generators, lifts, fittings and fixtures, will be as provided by the respective manufacturers on their standard terms. It is agreed and recorded that the allottee of flats should also pay maintenance charges for maintenance of the project and its facilities and amenities during the period of first five years and thereafter. In case non-payment of maintenance charges by the allottee and there being discontinuation of proper maintenance in that event the promoter should not be held as liable as default on its part under this clause. Notwithstanding anything contained in the above clause the following exclusions are made a. Equipment (lifts, generator, motors, STP, transformers, etc) which carry manufacturer’s guarantees for a limited period. Thereafter the welfare association /society shall take annual maintenance contract with the suppliers. The Promoter shall transfer manufacturers guarantees/warrantees to the allottee or association of allottees as the casec may be, b. Fittings related to plumbing, sanitary, electrical, hardware, etc. having natural wear and tear. 12.2c. Allowable structural and other deformations, deviations, misalignments including expansion quotient. d. The terms of work like painting etc. That after which are subject to wear and tear. Provided that where the Said Apartment is handed over manufacturer warranty as shown by the Promoter to the Allottee and/or ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to said Unit/building/phase wing and if the Association of allottees annual maintenance contracts are not done /renewed by the allottees, the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes defects occurring due to the structural wallssame. The Project as a whole has been conceived, flooring, any additional construction implemented in designed and constructed based on the duct areas) or any part of the said Building commitments and warranties given by the Allottee or for any failureVendors/Manufacturers that all equipments, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within fittings shall be maintained and covered by maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Said Apartment or by any or all Apartments and the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and servicesCommon project amenities wherever applicable. The Allottee understands has been made aware and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided expressly agrees that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to regular wear and tear of whatsoever nature the Unit/Building/phase/wing excludes minor hairline cracks on the external and internal walls including the RCC structure which happens due to variation in temperature of more than 20* C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused structure built by the Allottee Unit /phase/wing and in the Allottee alone shall be liable to rectify and reinstate workmanship executed keeping in mind the same at his/her/its/their own costsaforesaid agreed clauses of this Agreement.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. 14.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter CGEWHO as per the agreement for sale relating to such development is brought to the notice of the Promoter CGEWHO within a period of 5 (five) years by the Allottee from the date of handing over possessionobtaining the completion certificate, it shall be the duty of the Promoter CGEWHO to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterCGEWHO's failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.214.2 It is clarified that the said responsibility of the CGEWHO shall not cover defects, damage or malfunction resulting from (i) misuse and/or negligent use (ii) unauthorized modifications or repairs done by the Allottee or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/ equipment and (v) accidents. That after Provided that where the Said Apartment is handed over manufacturer’s warranty as shown by CGEWHO to the Allottee and/or Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to said Flat/Apartment but the Association of allottees annual maintenance contracts are not done/ renewed by the Allottee(s), the Promoter CGEWHO shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change occurring due to the onslaught of natural elementssame. The said Residential Project as a whole has been conceived, which cannot designed and constructed based on the commitments and warranties given by the CGEWHO that all equipment, fixtures and fittings shall be attributable maintained and covered by maintenance/ warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Promoter or beyond Apartments and the control of Common project amenities and facilities wherever applicable. The Allottee(s) has/have been made aware and the Promoter. After Allottee(s) expressly agree(s) that the Possession Date, any damage due to regular wear and tear of whatsoever nature the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20o C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for structure of the cost Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own coststhis Agreement.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. (i) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Vendor/ Developer as per the agreement for sale relating to such development is brought to the notice of the Promoter Vendor/ Developer within a period of 5 (five) years by the Allottee Allottee(s) from the date of handing over possession, it shall be the duty of the Promoter Vendor/ Developer to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterVendor/ Developer 's failure to rectify such defects within such time, the aggrieved Allottee Allottee(s) shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment (ii) It is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided clarified that the Promoter shall not be liable for any such defects if the same have been caused by reason of the default and/or negligence of the Allottee and/or any other allottees in respect the Real Estate Project or acts of any structural defect third party(ies) or defects on account of workmanshipany force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottee is/are aware that the Said Tower/Building is a monolithic structure and any change(s), quality alteration(s) including breaking of walls or provision any structural members or the construction of service any new wall or natural change due to structural member may adversely impact the onslaught of natural elements, which cannot be attributable to the Promoter Said Tower/Building at various places or beyond the control in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter. After ’s obligation to rectify any defect(s) or compensate for the Possession Date, any damage due to wear same as mentioned in this Clause and tear the Allottee and/or the association of allottees shall have no claim(s) of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), against the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsin this regard.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought The Clause 12 hereinabove shall be subject to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided condition that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: i) If there are changes, modifications or alteration in respect plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee taking over possession of the Apartment, 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 or alteration in electrical lines and wirings after said possession unto the Allottee, the Promoter will not take any responsibility of any structural defect in electrical lines and wirings that have developed directly or defects on account of workmanship, quality or provision of service or natural change indirectly due to such changes, modifications or alterations; iii) If there are changes, modifications or alterations in doors, windows or other related items, then the onslaught Promoter will not take responsibility of natural elementsdoor locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, which canmodifications or alterations; iv) If the Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment by making any changes in the 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 or changes will not be attributable 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 and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or beyond 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 Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter. After Promoter and not amounting to poor workmanship or manufacture thereof. viii) If the Possession Date, any damage Architect certifies that such defects are not manufacturing defect or due to wear poor workmanship or poor quality. Notwithstanding anything hereinbefore contained it is hereby expressly agreed and tear 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 whatsoever nature is caused to thereto (save purported defect in the Apartment, alters the state and except condition of the defects as mentioned in Clause 12.1)area of the purported defect, then the Promoter shall not be responsible for the cost relieved of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsits obligations contained in clause 15 hereinabove.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 90 (thirtyninety) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees Provided that, the Promoter shall not be responsible liable for (i) any consequence or such structural / architectural defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions induced by the Allottee, by means of carrying out structural or architectural changes from the Defect Liability original specifications / design, or (ii) any act, omission or negligence attributable to the Allottee or non- compliance of any Applicable Laws by the Allottee; or (iii) ordinary wear and tear in due course. The application for adjudging quantum of compensation shall be made to adjudicating officer. In case there is dispute about whether there is any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter towards as per this Agreement, the Said Apartment will automatically Authority may conduct an inquiry and forthwith lapse. 12.3give its findings and may issue appropriate orders or directions in this regard. If the The Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine also agrees and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided understands that the Promoter shall not be held responsible or liable in respect for giving any warranty of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, movable items / appliances which cannot be attributable to the Promoter or beyond the control have been part of the PromoterApartment and for which manufacturer of the said items is responsible such as air conditioners, fittings, fixtures cables, wires, bulbs etc. After as the Possession Date, any damage due to wear same shall be governed by the terms and tear conditions of whatsoever nature is caused to thereto (save the manufacturer and except the defects as mentioned in Clause 12.1), the warranties attached thereto. The Promoter shall not be responsible for transfer the cost of re-instating and/or repairing such damage caused warranty provided by the manufacturer / vendor to the Allottee and the Allottee alone any claim or dispute in this regard, shall be liable to rectify raised by the Allottee, directly with the original equipment manufacturer / vendor. The usage of all the fixtures, fittings and reinstate other installations whether in terms of this Agreement or otherwise shall be as per the same at his/her/its/their own costsusage guidelines as provided by the Promoter / the manufacturer / the Maintenance Agency / the association of allottees.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale this Agreement relating to such development is brought to the notice of the Promoter within a period of 5 five (five5) years by the Allottee Allottee(s) from the date of handing over possessionpossession or Deemed Date Of Possession, whichever is earlier, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 thirty (thirty30) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee Allottee(s) shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after In case any such structural defect or any other defect in workmanship, quality or provision of services reasonably & in the Said Apartment is handed over ordinary course requires additional time beyond the said 30 (thirty) days having regard to the Allottee and/or the maintenance nature of the Schedule A Property is handed over to the Association of allottees defect, the then Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes entitled to the structural wallssuch additional time period, flooringprovided, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment an intimation thereof has been provided to the Allottee, or any genuine prior to the expiry of the said initial 30 (thirty) days. The Parties shall mutually work upon and not perceived or purported defect on account agree to a reasonable and justifiable additional time period for rectification of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be . The Allottee(s)hereby agrees to such additional time / extension of time without being entitled to or making any claim to receive from the Promoter, appropriate compensation for such defect in the manner as provided under the Act and / or otherwise under Applicable Law. Promoter shall not be liable for rectification of any defect if the Rules same has resulted due to natural wear and Regulations thereintear, alterations, misuse, and deviation from conditions of usage, and any act, omission or negligence attributable to the Allottee(s)or the Owner’s Association. Provided Intrinsically, breakable or degradable items like tiles, stones, wooden items, glass, aluminum items, façade, doors and windows and such like shall not be covered under Defect Liability and the same shall not rectified by the Promoter. The Allottee(s) confirms and agrees that all fittings, fixtures etc. shall be made functional at the time of handing over the possession of the Unit but the maintenance thereof shall be the responsibility of the Allottee. The Allottee(s) further understands that there is a fundamental difference between hand over of the building / constructions or infrastructure services and systems free from defects on the one hand and requirement of timely, appropriate and adequate maintenance of handed over building / constructions or infrastructure services and systems so as to maintain aesthetic appearance and / or defect free functioning which by its very nature is a lifelong process. Accordingly, the continued maintenance including consumables and spare parts of the systems handed over would not be the responsibility of the Promoter, and the Promoter shall not be liable in respect for rectification of any structural defect defects resulting from improper or defects on account lack of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own coststimely maintenance.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. 12.1. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development this Agreement is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionobtaining Completion Certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after It is clarified that the Said Apartment is handed over said responsibility of the Promoter shall not cover defects, damage, or malfunction resulting from (i) misuse or negligent use (ii) unauthorised modifications or repairs done by the Allottee or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/equipments and (v) accidents. Provided that where the manufacturer’s warranty as shown by the Promoter to the Allottee and/or Allottee(s) ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to said Apartment but the Association of allottees annual maintenance contracts are not done/renewed by the Allottee(s), the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change occurring due to the onslaught of natural elementssame. The said Project as a whole has been conceived, which cannot be attributable to designed and constructed based on the Promoter or beyond the control of commitments and warranties given by the Promoter/Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities and facilities wherever applicable. After The Allottee(s) has/have been made aware and the Possession Date, any damage due to Allottee(s) expressly agree(s) that the regular wear and tear of whatsoever nature the Apartment excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 200 C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is caused expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(s) it shall be necessary to thereto (save appoint an expert who shall be a nominated surveyor who shall survey and except assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for structure of the cost Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own coststhis Agreement.

Appears in 1 contract

Samples: Construction Contract

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after It is clarified that the Said Apartment is handed over above said responsibility of the Promoter shall not cover defects, damage or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Allottee or its nominee/agent (iii) case of force majeure (iv) failure to maintain the amenities/equipment (v) accident and (vi) negligent use. Provided that where the manufacturer warranty as shown by the Promoter to the Allottee and/or ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to said Apartment/building and if the Association of allottees annual maintenance contracts are not done/renewed by the allottee and/or the Association, the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes defects occurring due to the structural wallssame. The project as a whole has been conceived, flooring, any additional construction implemented in designed and constructed based on the duct areas) or any part of the said Building commitments and warranties given by the Allottee or for any failurerespective vendors/manufacturers that all equipments, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within fittings shall be maintained and covered by maintenance/warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Said Apartment or by any or all apartments and the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and servicescommon project amenities wherever applicable. The Allottee understands has been made aware and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided expressly agrees that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to regular wear and tear of whatsoever the Apartment/Building includes minor hairline cracks on the external and internal walls excluding the RCC, structure which occur due to shrinkage in concrete, block work/brick work, plaster, which is inherent property of cementitious material 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 for the Allottee to provide the Promoter or its men agents and representatives reasonable opportunity to inspect, assess, and determine the nature of the purported defect (if any). Notwithstanding anything contained hereinbefore, it is caused expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to thereto (save inspect, assess and except determine the defects as mentioned nature of the purported defect, alters the state and condition of the area of the purported defect, then in Clause 12.1)such event, the Promoter shall not be responsible relieved of its obligations contained hereinbefore. The Allottee is aware that the said Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the cost of re-instating and/or repairing such damage caused by the Allottee same as mentioned in this Clause and the Allottee alone and/or the association of allottees shall be liable to rectify and reinstate have no claim(s) of whatsoever nature against the same at his/her/its/their own costsPromoter in this regard.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1a) It is clarified that the Defect Liability of the Promoter under the applicable statute for the time being in force shall not cover defects, damage or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Purchaser(s) or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/equipments (v) accident and (iv) negligent use. Provided that where the manufacturer warranty as shown by the Promoter to the Purchaser(s) ends before the Defect Liability period and such warranties are covered under the maintenance of the said Apartment/Tower and if the annual maintenance contracts are not done/renewed by the Purchaser(s), the Promoter shall not be responsible for any defects occurring due to the same. The said Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter/Manufacturers that all equipment, fixtures and fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Apartments and the Common project amenities wherever applicable. The Purchaser(s) has/have been made aware and the Purchaser(s) expressly agree(s) that the regular wear and tear of the Apartment/Tower excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to variation in temperature of more than 20* C 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 Purchaser(s) it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in material used in the structure built by the Apartment/Tower and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement. b) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Purchaser from the date of handing over possessionobtaining Completion Certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's Xxxxxxxx’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under applicable laws for the Acttime being in force. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areasc) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable to rectify any defect occurring under the following circumstances: i) If there are changes, modifications or alteration in respect plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Purchaser taking over possession of the Apartment, 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 or alteration in electrical lines and wirings after said possession unto the Purchaser, the Promoter will not take any responsibility of any structural defect in electrical lines and wirings that have developed directly or defects on account of workmanship, quality or provision of service or natural change indirectly due to such changes, modifications or alterations; iii) If there are changes, modifications or alterations in doors, windows or other related items, then the onslaught Promoter will not take responsibility of natural elementsdoor locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, which canmodifications or alterations; iv) If the Purchaser after taking actual physical possession of the Apartment, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment by making any changes in the 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 or changes will not be attributable 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 and fittings and fixtures provided by the Promoter are not being maintained by the Purchaser or beyond 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 Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter. After Promoter and not amounting to poor workmanship or manufacture thereof. viii) If the Possession Date, any damage Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. d) The liability of the Promoter to undertake any such remedial steps shall arise only in cases where the defect is established as having been caused due to the fault of the Promoter AND FURTHER PROVIDED THAT the same has not been caused and/or occasioned directly and/or indirectly, by/due to any act of commission and/or omission of any act, deed or thing of/by the Promoter and/or of/by the men, servants, contractors, agents personnel etc. of the Promoter and/or due to normal wear and tear of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), etc. AND FURTHER PROVIDED THAT no steps have been/or taken by the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/itstheir/their its own costsvolition in an endeavour to rectify any such purported defect. In the event that there is any dispute specifically in relation to any alleged defect or deficiency as stated aforesaid, the said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be final and binding. e) Notwithstanding anything herein 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 its obligations contained in clause V hereinabove.

Appears in 1 contract

Samples: Indenture

DEFECT LIABILITY. 12.113.1 Once, the said Apartment is ready for use and occupation, the Promoter shall send a written intimation/notice to the Allottee, about the same. It is agreed that in case any structural defect or any other defect in workmanshipThereafter, quality or provision of services or any other obligations the Allottee shall be bound to take the possession of the Promoter as per the agreement for sale relating to such development is brought to the notice said Apartment within 15 days from receipt of the Promoter written intimation/notice. If within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said said Apartment / or the building in which the said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, is situated or any genuine and not perceived or purported defect defects on account of workmanship workmanship, quality or provision of service (which shall be ascertained and scrutinized by an independent surveyor to be appointed by the Promoter), then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act Act. 13.2 It is clarified that the defect liability of the Promoter for the standard fixtures, fittings in the apartment, machinery including, STP, electric pumps, waste management plants, , security equipment, if any, solar system, if any, etc. will be as per the warranty provided by the respective manufacturer/supplier. The defect liability period shall be deemed to have been commenced from the date of obtaining the Completion Certificate or from the date on which the Promoter has given the necessary intimation in writing to the Allottee to take over the possession of the said Apartment, whichever is earlier. The Allottee and/or association of the allottees shall execute necessary service and maintenance contracts with respective agencies to ensure the Rules maintenance and Regulations thereinupkeep of the aforesaid. Provided that If they fail to maintain and upkeep the same, then the Promoter shall not be liable in respect thereof, and it shall not be considered as the defect. 13.3 The Allottee shall not carry out any alterations of the whatsoever nature in the said Apartment or to the civil structures or in the fittings, electrifications, pipes, water supply connections or any erection or alteration in the bathroom, toilet and kitchen, which may result in seepage of the water. Further, the Allottee or Society or anyone through them shall not carry out any structural defect changes in the building or defects on account equipments etc. If any of workmanship, quality or provision of service or natural change due to such works are carried out without the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control written consent of the Promoter. After , the Possession Date, any damage due defect liability automatically shall become void. 13.4 The defects covered hereinabove shall be restricted to manufacturing /workmanship defects caused by willful neglect on the part of the Promoter and shall not mean defect/s caused by normal wear and tear tear, negligent use of whatsoever the said Apartment by the Occupants, vagaries of nature is caused to thereto (save and except etc. The hair cracks appearing in the defects as mentioned walls/plaster are possible in Clause 12.1)normal course of time, the Promoter hence shall not be responsible for the cost of re-instating and/or repairing such damage caused by the Allottee and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsconstrued as manufacturing /workmanship defects.

Appears in 1 contract

Samples: Partnership Agreement

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionobtaining completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after It is clarified that the Said Apartment is handed over above said responsibility of the Promoter shall not cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Owner or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/equipment (v) accident and (iv) negligent use. Provided that where the manufacturer warranty as shown by the Promoter to the Allottee and/or ends before the defect liability period and such warranties are covered under the maintenance of the Schedule A Property is handed over to said Unit/building/phase wing and if the Association of allottees annual maintenance contracts are not done/renewed by the allottees, the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented in the Said Apartment (including changes defects occurring due to the structural wallssame. The Project as a whole has been conceived, flooring, any additional construction implemented in designed and constructed based on the duct areas) or any part of the said Building commitments and warranties given by the Allottee or for any failureVendors/Manufacturers that all equipment, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within fittings shall be maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to continue warranty in both the Said Apartment or by any or all Apartments and the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and servicesCommon project amenities wherever applicable. The Allottee understands has been made aware and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided expressly agrees that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to regular wear and tear of whatsoever nature the Unit/Building/phase/wing excludes minor hairline cracks on the external and internal walls excluding the RCC structure which happens due to shrinkage in concrete, brick work, plaster, which is caused inherent property of cementitious material and which do not amount to thereto (save structural defects and except 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 who shall survey and assess the same and then submit a report to state the defects as mentioned in Clause 12.1), material used in the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused structure built by the Allottee Unit /phase/wing and in the Allottee alone shall be liable to rectify and reinstate workmanship executed keeping in mind the same at his/her/its/their own costsaforesaid agreed clauses of this Agreement.

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such suc h time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after Provided however, that regular maintenance and due care has been taken by Purchaser / Allottee/s own cost to keep the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented Apartment/F lat/Unit in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures good conditions and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws repairs at his own cost from the date of handing over of the Said Apartment possession. Also to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter carry out at his own cost all internal repairs to the said Flat / Apartment / Unit and maintain the Flat/Apartment/Unit in the same condition, state and order in w hich it was delivered by the Promoter to the Purchasers/Allottee. 12.2 That the Purchaser/s/ Allottee/s shall not carry out any alterations of the whatsoever nature in the said Apartment/Flat/Unit of phase/wing and in case it is specific the structure of the said unit/wing/phase of the said building which shall include but not possible limit to rectify columns, beams etc. Or in the fittings therein, in pipes, water supply connections or any erection or alteration in the bathroom, toilet and kitchen, which may result in seepage of the water. If any of such defects, then Allottee works are carried out without the written consent of the Promoter the defect liability automatically shall be entitled to receive from become void. The word defect here means only the manufacturing and workmanship defect/s caused on account of wilful neglect on the part of the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to mean defect/s caused by normal wear and tear and by negligent use of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused Apartment/Flat/Unit by the Allottee Occupants, vagaries of nature etc. Defects in fittings and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsfixtures are not included herein.

Appears in 1 contract

Samples: Agreement for Sale

DEFECT LIABILITY. 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 90 (thirtyninety) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees Provided that, the Promoter shall not be responsible liable for (i) any consequence or such structural / architectural defect liability on account of any change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions induced by the Allottee, by means of carrying out structural or architectural changes from the Defect Liability original specifications / design, or (ii) any act, omission or negligence attributable to the Allottee or non-compliance of any Applicable Laws by the Allottee; or (iii) ordinary wear and tear in due course. The application for adjudging quantum of compensation shall be made to adjudicating officer. In case there is dispute about whether there is any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter towards as per this Agreement, the Said Apartment will automatically Authority may conduct an inquiry and forthwith lapse. 12.3give its findings and may issue appropriate orders or directions in this regard. If the The Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws from the date of handing over of the Said Apartment to the Allottee, or any genuine also agrees and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided understands that the Promoter shall not be held responsible or liable in respect for giving any warranty of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, movable items / appliances which cannot be attributable to the Promoter or beyond the control have been part of the PromoterApartment and for which manufacturer of the said items is responsible such as air conditioners, fittings, fixtures cables, wires, bulbs etc. After as the Possession Date, any damage due to wear same shall be governed by the terms and tear conditions of whatsoever nature is caused to thereto (save the manufacturer and except the defects as mentioned in Clause 12.1), the warranties attached thereto. The Promoter shall not be responsible for transfer the cost of re-instating and/or repairing such damage caused warranty provided by the manufacturer / vendor to the Allottee and any claim or dispute in this regard, shall be raised by the Allottee, directly with the original equipment manufacturer / vendor. The usage of all the fixtures, fittings and other installations whether in terms of this Agreement or otherwise shall be as per the usage guidelines as provided by the Promoter / the manufacturer / the Maintenance Agency / the association of allottees. The Promoter / maintenance agency / association of allottees / competent authority shall have rights of access of Common Areas, parking spaces for providing necessary maintenance services and the Allottee alone shall be liable agrees to permit the association of allottees and / or maintenance agency / competent authority to enter into the Apartment for residential usage after giving due notice and entering the Apartment during the normal working hours, unless the circumstances warrant otherwise, with a view to rectify and reinstate the same at his/her/its/their own costssuch defect(s).

Appears in 1 contract

Samples: Sale Agreement

DEFECT LIABILITY. 12.1. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale xxx e relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive / recover appropriate compensation in the manner as provided under the Act. 12.2. That after Act ; Provided however, that regular maintenance and due care has been taken by Purchaser / Allottee/s own cost to keep the Said Apartment is handed over to the Allottee and/or the maintenance of the Schedule A Property is handed over to the Association of allottees , the Promoter shall not be responsible for any consequence or defect liability on account of any change implemented Apartment/Flat/Unit in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or any part of the said Building by the Allottee or for any failure, negligence in implementing the interior decoration of the Said Apartment, act or omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures good conditions and fitting within the Said Apartment or by any or all the allottees service providers or their agents with regards to the fire equipment, fire protection systems, lifts, their supporting equipment, pollution control and other general safety equipment, related facilities and services. The Allottee understands and accepts that in any of the above acts or omissions by the Allottee, the Defect Liability of the Promoter towards the Said Apartment will automatically and forthwith lapse. 12.3. If the Allottee brings to the notice of the Promoter any structural defect in the Said Apartment / said Building within a period stipulated under the relevant Laws repairs at his own cost from the date of handing over of the Said Apartment possession. Also to the Allottee, or any genuine and not perceived or purported defect on account of workmanship or provision of service then, wherever possible such defects shall be rectified by the Promoter carry out at his own cost all internal repairs to the said Flat / Apartment / Unit and maintain the Flat/Apartment/Unit in the same condition, state and order in which it was delivered by the Promoter to the Purchasers/Allottee. 12.2 That the Purchaser/s/ Allottee/s shall not carry out any alterations of the whatsoever nature i n the said Apartment/Flat/Unit of phase/wing and in case it is specific the structure of the said unit/wing/phase of the said building which shall include but not possible limit to rectify columns, beams etc. Or in the fittings therein, in pipes, water supply connections or any erect ion or alteration in the bathroom, toilet and kitchen, which may result in seepage of the water. If any of such defects, then Allottee works are carried out without the written consent of the Promoter the defect liability automatically shall be entitled to receive from become void. The word defect here mea ns only the manufacturing and workmanship defect/s caused on account of wilful neglect on the part of the Promoter, compensation for such defect in the manner as provided under the Act and the Rules and Regulations therein. Provided that the Promoter shall not be liable in respect of any structural defect or defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which cannot be attributable to the Promoter or beyond the control of the Promoter. After the Possession Date, any damage due to mean defect/s caused by normal wear and tear and by negligent use of whatsoever nature is caused to thereto (save and except the defects as mentioned in Clause 12.1), the Promoter shall not be responsible for the cost of re-instating and/or repairing such damage caused Apartment/Flat/Unit by the Allottee Occupants, vagaries of nature etc. Defects in fittings and the Allottee alone shall be liable to rectify and reinstate the same at his/her/its/their own costsfixtures are not included herein.

Appears in 1 contract

Samples: Agreement for Sale (Flats)

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