DEFECT LIABILITY. 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 this Agreement relating to such development, is brought to the notice of the Promoter by the Allottee within a period of five (5) years from the date of handing over possession of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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; 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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or 8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. 8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
DEFECT LIABILITY. 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 this the Agreement relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession issuance of the Apartmentoccupancy/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 shall be responsible to proceed to rectify such defects without further charge, change within 30 (thirty) days days, and in the event of the Promoter’s 's failure to proceed to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, that the Promoter shall not be liable for to compensate if the defect is attributable to any defect acts or deficiency occasioned on account omissions or commissions of the Allottee (or any act person appointed by him or omission acting under him or under his instructions) or arising due to any normal wear and tear caused and/or occasioned, directly or indirectly, by or due to the delay on the part of the Allottee in taking timely hand over of the Allotted Apartment in the manner stipulated in and subject to the terms of the Agreement or any authority not using the Allotted Apartment or third party over whom the Promoter has no control or any defect or deficiency which is due to reasons not solely attributable to the PromoterPromoter or if the related annual maintenance contracts and the licenses are not validly maintained by the Association of the Allottees. Provided further that, Further that it is declared by the Promoter shall not be liable for and the Allottee hereby acknowledges that any manufacturing or other defects of defect in any branded inputs or fixtures or services of any a third party; and/or any equipments (including but not limited to generators, unless it results 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 a structural defect.
8.2 The Promoter the external and internal walls of structures on account of variations in temperature or any other defects due to occurrence of force majeure event(s) shall not be liable to rectify any defect occurring covered 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 columnsclause. 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore contained, 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 the 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 hereinabove in Clause 8.1 hereinabovethis clause.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, save those as mentioned in clause 14.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 14.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations 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 Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 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;
8.2.4 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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or his / her agents in the manner in which same is required to be maintained;.
8.2.7 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; and/or.
8.2.8 viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 . Notwithstanding anything hereinbefore contained, 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 the 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 8.1 clause 14 hereinabove.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, save those as mentioned in clause 14.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible promoter to rectify such defects without further charge, within 30 (thirty) days and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 12.2. The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 (i) If there are changes, modifications or alterations alteration in plumbing pipes and fittings and fixtures or change of wall or of 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 defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 (ii) If there are changes, modifications or alterations alteration in electrical lines and wirings wiring after handing over said possession of the Apartment unto the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 (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;
8.2.4 (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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 (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 re normal in high rise buildings and need needs to be repaired repaid from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 (vi) If the materials and fittings and fixtures provided provide by the Promoter are not being maintained by the Allottee or his / his/her agents in the manner in which same is required to be maintained;.
8.2.7 (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; and/or.
8.2.8 (viii) If the Architect certifies certificates that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 . Notwithstanding anything hereinbefore contained, hereinabove mentioned 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 the purported defect in the Apartment, alters the state state, nature and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in Clause 8.1 hereinaboveclause 13 herein.
Appears in 2 contracts
Samples: Sale Agreement, Agreement for Sale
DEFECT LIABILITY. 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 this the Agreement relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession issuance of the Apartment, 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 responsible the duty of the Promoter to proceed to rectify such defects without further charge, charge within 30 (thirty) days and in the event of the Promoter’s 's failure to proceed to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, that the Promoter shall not be liable for to compensate if the defect is attributable to any defect acts or deficiency occasioned on account of any act omissions or omission on the part commissions of the Allottee (or any authority person appointed by him or third party over whom acting under him or under his instructions) or arising due to any normal wear and tear or not using the Promoter has no control Allotted Apartment or any defect or deficiency which is due to reasons not solely attributable to the PromoterPromoter or if the related annual maintenance contracts and the licenses are not validly maintained by the Maintenance-in-Charge. Provided further that, Further that it is declared by the Promoter shall not be liable for and the Allottee hereby acknowledges that any manufacturing or other defects of defect in any branded inputs or fixtures or services of any a third party; and/or any equipments (including but not limited to generators, unless it results in motors, sewage treatment plants, transformers and gym equipment) which carry manufacturer’s guarantees for a structural defect.
8.2 The Promoter 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 liable to rectify any defect occurring covered 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 columnsclause. 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore 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 the 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 hereinabove in Clause 8.1 hereinabovethis clause.
Appears in 2 contracts
Samples: Agreement for Sale, Sale Agreement
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession Completion Certificate, save those as mentioned in clause 12.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defectAct.
8.2 12.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations 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 Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter will not take a responsibility of any responsibility for any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 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;
8.2.4 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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or his / her agents in the manner in which same is required to be maintained;.
8.2.7 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; and/or.
8.2.8 viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 . Notwithstanding anything hereinbefore contained, 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 the purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the obligations of the Promoter shall be relieved of its obligations as contained in Clause 8.1 hereinaboveclause 12 hereinabove shall stand waived.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
DEFECT LIABILITY. 8.1 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 this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being Act; Provided however, that regular maintenance and due care has been taken by Purchaser / Allottee/s own cost to keep the Apartment/Flat/Unit in forcegood conditions and repairs at his own cost from the date of possession. Provided thatAlso 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.
12.2 That the Purchaser/s/ Allottee/s shall not be liable for carry out any alterations of the whatsoever nature in 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 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 deficiency occasioned liability automatically shall become void. The word defect here means only the manufacturing and workmanship defect/s caused on account of any act or omission wilful neglect on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the Promoter and shall not be liable for any manufacturing or other defects mean defect/s caused by normal wear and tear and by negligent use of any branded inputs or fixtures or services Apartment/Flat/Unit by the Occupants, vagaries of any third party, unless it results nature etc. Defects 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor qualityincluded herein.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 2 contracts
Samples: Agreement for Sale (Flats), Agreement for Sale (Flats)
DEFECT LIABILITY. 8.1 It is agreed that in case any 13.1. 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 this Agreement relating to such development, is brought to Architect during the notice of the Promoter by the Allottee within a defect liability period of five which would be 5 (5Five) years from the date Possession Date or the Deemed Date of handing over possession Possession, whichever is applicable (“Defect Liability Period”)During such Defect Liability Period, if any major defect is proved to the satisfaction of the ApartmentArchitect, 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 market practices is/are excluded from this clause and for which the Promoter is neither liable nor responsible.
13.2. The Promoter shall not be responsible for any issues (such as difference in shades of 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 carpet area due to rectify such plaster thickness and skirting). Moreover, minor tile chipping, minor damages in places where welding has conducted, shall not be considered as defects without further charge, within 30 (thirty) days and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forcepurposes of this section. Provided that, Xxxxxxxx agrees and acknowledges that defects arising from natural wear and tear/forced/ intentional/accidental damages shall not come within the scope of defect liability and hence the Promoter shall not be liable responsible for any defect or deficiency occasioned on account of any act or omission on the part maintenance of 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 or any authority or third party over whom the Promoter has no control or any shall not come under scope of defect or deficiency which is not attributable to the Promoter. Provided further that, liability and the Promoter shall not be held liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party, unless it results in a structural defectnot curing/ entertaining such claims.
8.2 13.3. The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 If there are changesresponsible for routine/non-structural cracks resulting from differential co-efficient of thermal expansion, modifications or alterations in plumbing pipes non-monolithic joints, seasoning effects, sweating of walls, etc. 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 such other defects in plumbing pipes and fittings and fixtures that have developed directly or indirectly caused due to such changes;
8.2.2 If there are changesnormal wear and tear, modifications or alterations in electrical lines abuse and wirings after handing over possession of the 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor qualityimproper usage.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
DEFECT LIABILITY. 8.1 It 00.0. 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of Xxxxxxxx’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act.
00.0. 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 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, save those as mentioned in clause 13.3 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 shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 13.3. The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 (i) If there are changes, modifications or alterations 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 Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 (ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 (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;
8.2.4 (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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 (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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 (vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or his / her agents in the manner in which same is required to be maintained;.
8.2.7 (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; and/or.
8.2.8 (viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 . Notwithstanding anything hereinbefore contained, 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 the 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 8.1 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 providing necessary maintenance services and the Allottee agrees to permit the Promoter / Association of Allottee and/or maintenance agency to enter into the Apartment or any part thereof, after due notice and during normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee(s) from the date of handing over possession possession, save those as mentioned in clause 12.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s ’ failure to rectify such defects within such time, the aggrieved Allottee Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 12.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee Allottee(s) taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the AllotteeAllottee(s), the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 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;
8.2.4 iv) If the Allottee Allottee(s) after taking actual physical possession of the Apartment, executes interior decoration work including any addition and/or and / or alteration in the layout of the internal walls of the Apartment by making any changes in the Apartment, then any defects 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 the responsibility of entertained by the Promoter;
8.2.5 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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee Allottee(s) or his / her / their agents in the manner in which same is required to be maintained;.
8.2.7 vii) Any electrical fittings and/or and / or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas and/or 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; and/or.
8.2.8 viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 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 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 said Apartment 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 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 and facilities wherever applicable. The Allottee(s) have been made aware and the Allottee(s) expressly agree(s) that the 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 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 expressly agreed that before any liability of defect is claimed by or on behalf of Allottee(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 of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything hereinbefore contained, herein contained it is hereby expressly agreed and understood that in case the AllotteeAllottee(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of the 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 8.1 clause 12 hereinabove.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
DEFECT LIABILITY. 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 this Agreement relating to such development, is brought to the notice of the Promoter by the Allottee (i) That if within a period of five (5) years from the date of handing over possession the said Premises to the Allottee, the Allottee brings to the notice of the ApartmentPromoter any structural defect in the said Premises or the building in which the said Premises are situated or any defects on account of workmanship or quality, wherever possible such defects shall be rectified by the Promoter shall be responsible at its own cost and in case it is not possible to rectify such defects without further chargedefects, within 30 (thirty) days and in then the event of Allottee may receive from the Promoter’s failure to rectify , compensation for such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation defect in the manner as provided under Applicable Laws for the time being RERA; Provided however, that the Allottee/s shall not carry out any alterations of whatsoever nature in forcethe 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 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. Provided thatIf any such addition or alteration is 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 willful neglect on the part of the Promoter, and shall not mean defect/s caused by normal wear and tear and by negligent use of the said Premises by the Occupants, vagaries of nature etc.;
(ii) That it shall be the responsibility of the Allottee to 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;
(iii) That further where the manufacturer warranty as shown by the Promoter to the Allottee ends before the defects 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 liable responsible for any defect or deficiency occasioned defects occurring due to the same;
(iv) That the project as a whole has been conceived, designed and constructed based on account of the commitments and warranties given by the 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 shall not do any act or omission on the part which invalidates any of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further thatwarranties in respect of equipment, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 provided 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 the responsibility of the Promoter;
8.2.5 Different materials have different coefficient (v) That the Allottee has been made aware and that the Allottee expressly agrees that the regular wear and tear of expansion the said Premises/ building/ wing includes minor cracks on the external and contraction internal walls excluding the RCC structure which happens due to variation in temperature and as such because of this difference there are chances of cracks developing on joints of brick walls which do not amount to structural defects and RCC beams and columns. Any such cracks are normal in high rise buildings and need hence cannot be attributed 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 costeither bad workmanship or structural defect;
8.2.6 If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore contained, (vi) That it is hereby expressly agreed and understood that in case before any liability of defect is claimed by or on behalf of the Allottee, without first notifying it shall be necessary to jointly appoint an expert who shall be a nominated surveyor who shall survey and access the Promoter same and without giving shall then submit a report to state the Promoter defects in materials used, in the reasonable opportunity to inspect, assess and determine the nature structure built of the purported defect Premises/Building/wing and in the Apartment, alters the state and condition workmanship executed taking into consideration of the area clauses of the purported defect, then the Promoter shall be relieved of its obligations contained in Clause 8.1 hereinabovethis agreement.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
DEFECT LIABILITY. 8.1 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 this Agreement relating to such development, purchased materials and/or items) is brought to the notice of the Promoter by the Allottee Developer within a period of five 5 (5five) years by the Allottee from the date of handing over possession of the Apartmentdeemed possession, the Promoter Developer shall be responsible take steps to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the PromoterDeveloper’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in force. Act Provided that, However that the Promoter Developer shall not be liable for under any defect or deficiency occasioned on account of circumstances if any act or omission on additions, alterations and/or modifications etc. have been made in the part of the Allottee or Buildings, Common Areas and/or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 Apartment unto Units by the AllotteeAllottees including the Allottee herein and/or if there is any deviation found from the sanctioned Building Plan. It is further made clear that the structural defect, if any, must be certified by a licensed Architect that it is a defect made at the Promoter will time of construction and is not take any responsibility for any defects in electrical lines and wirings that have developed directly or indirectly due to such changeswear and tear and/or due to weather elements and/or natural causes /calamities and/or due to any additions, modifications or alterations;
8.2.3 If there are changesalterations and/or modifications, 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 etc. made by any other related defects arising directly or indirectly out of such changes, modifications or alterations;
8.2.4 If the Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition Allottees and/or alteration in the layout occupants 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 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 columnsBuilding. 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore contained, herein contained it is hereby expressly agreed and understood that in case the AllotteeAllottees, without first notifying the Promoter Developer and without giving the Promoter Developer the reasonable opportunity to inspect, assess and determine the nature of the 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 contained hereinabove in Clause 8.1 hereinabovethis clause. However, the Allottee has been made aware and the Allottee 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 necessary to appoint an expert/ surveyor to be nominated by the architect of the said project, who shall survey and assess the same and 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. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, save those as mentioned in clause 14.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 13.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 (i) If there are changes, modifications or alterations 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 Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 (ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 (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;
8.2.4 (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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 (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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 (vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or his / her agents in the manner in which same is required to be maintained;.
8.2.7 (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; and/or.
8.2.8 (viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 . Notwithstanding anything hereinbefore contained, 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 the 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 8.1 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 providing necessary maintenance services and the Allottee agrees to permit the Promoter / Association of Allottees and/or maintenance agency to enter into the Apartment or any part thereof, after due notice and during normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect.
Appears in 2 contracts
Samples: Construction Contract, Not Specified
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Purchaser from the date of handing over possession obtaining Completion Certificate, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Purchaser(s) shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that.
b) However, it is clarified that the Defect Liability of the Promoter under the applicable statute for the time being in force shall not be liable for any defect cover defects, damage or deficiency occasioned on account malfunction resulting from the following events:
(i) 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 any act or omission 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 part external and internal walls excluding the RCC structure which happens due to variation in temperature of the Allottee more than 20* C and which do not amount to structural defects and bad workmanship or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.;
8.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 (iii) If there are changes, modifications or alterations alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee Purchaser taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 (iv) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the AllotteePurchaser, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 (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;
8.2.4 (vi) If the Allottee 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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 (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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 (viii) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee Purchaser or his / her agents in the manner in which same is required to be maintained;.
8.2.7 (ix) 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; and/or.
8.2.8 (x) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 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 assess the same and then submit a report to state the defects in 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 hereinbefore contained, herein contained it is hereby expressly agreed and understood that in case the AllotteePurchaser(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of the 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 8.1 clause VII hereinabove.
Appears in 2 contracts
DEFECT LIABILITY. 8.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or 12.1. Itisagreedthatincaseanystructuraldefectoranyotherdefectinworkmanship,qualityorprovisionof servicesor any other obligations of the Promoter as per this Agreement the agreement for sale relating to such development, development is brought to tothenoticeofthePromoterwithinaperiodof2(two)yearsbytheAllotteefromthe date of obtaining completion certificate, it shall be the notice duty of the Promoter by the Allottee within a period of five (5) years from the date of handing over possession of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 60 (thirtySixty) days days, and in the event of the Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct.
12.2. Provided thatThe Promoter hereto declare that upon delivery of the possession of the Apartment to the 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 be liable for have any defect liability to maintain internal pipeline or deficiency occasioned on account of internal electric line and shall not have any act liability regarding sweeper. The Promoter shall have the liability to maintain the outside and common pipeline. But if the common pipeline or omission on the part outside pipeline is blocked by any of the Allottee Apartment ownersdue to throwing of choking substance or any authority or third party over whom hazardous substance by the Promoter has no control or any defect or deficiency which is not attributable respective Apartment ownersand in such circumstances the respective Apartment owners shall have to bear the Promoter. Provided further that, cost of the Promoter shall not be liable for any manufacturing or other defects maintenance and the cost of any branded inputs or fixtures or services of any third party, unless it results in a structural defectclearing the choking substance.
8.2 12.3. The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i. It is 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 the 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 allottee/person in the Project.
ii. If there are changes, modifications or alterations alteration in plumbing pipes and and/or fittings and and/or fixtures or change orchange of wall or floor tiles after the Allottee taking over possession of the Apartment, the Promoter will Promoterwill not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 iii. If there are changes, modifications or alterations alteration in electrical lines and wirings and/orwiring's after handing over said possession of the Apartment unto the Allottee, the Promoter will Promoterwill not take any responsibility for of any defects defect in electrical lines and wirings wiring's that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 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;
8.2.4 v. 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 or by making any changes in the Apartment, then any defects 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 the responsibility of entertained by 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 columnsvi. 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 his / her agents in the manner in which same is required to be maintained;
8.2.7 Any vii. Iny electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas 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 Promoter and not amounting to poor workmanship or manufacture thereof; and/or.
8.2.8 viii. If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. 8.1 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 this Agreement relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five (5) years by the Allottee(s) from the date of handing over possession or Deemed Date Of Possession, whichever is earlier, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 thirty (thirty30) days days, and in the event of the Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottee Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act.
11.2 In case any such structural defect or any other defect in workmanship, quality or provision of services reasonably & in the ordinary course requires additional time beyond the said 30 (thirty) days having regard to the nature of the defect, then Promoter shall be entitled to such additional time period, provided, an intimation thereof has been provided to the Allottee, prior to the expiry of the said initial 30 (thirty) days. The Parties shall mutually work upon and agree to a reasonable and justifiable additional time period for rectification of such defects. The Allottee(s)hereby agrees to such additional time / extension of time without being entitled to or making any claim to receive appropriate compensation in the manner provided under the Act and / or otherwise under Applicable Laws Law.
11.3 Promoter shall not be liable for rectification of any defect if the same has resulted due to natural wear and tear, alterations, misuse, and deviation from conditions of usage, and any act, omission or negligence attributable to the Allottee(s)or the Owner’s Association. 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 being in forceof handing over the possession of the Unit but the maintenance thereof shall be the responsibility of the Allottee. Provided thatThe 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 for any defect or deficiency occasioned on account rectification of any act defects resulting from improper or omission on the part lack of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defecttimely maintenance.
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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. 8.1 It is agreed that in case In the event of any structural defect or any other defect in the workmanship, quality or provision of services or any other obligations of the Promoter Vendors as per this the Sale Agreement relating to such development, is brought to the notice of the Promoter by the Allottee Vendors within a period of five 5 (5five) years from the date of handing over possession of the ApartmentPossession Date, the Promoter shall be responsible to Vendors will rectify such defects without further chargecharge provided however, within 30 (thirty) days and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in force. Provided that, the Promoter they shall not be held liable or responsible for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 The Promoter shall not be liable and to rectify the same in any defect occurring under of the following circumstances:
8.2.1 (a) If there are the Purchaser has made any changes, modifications or alterations and/or alteration in the internal plumbing pipes and and/or any fittings and fixtures and/or fixtures, or change of wall or the walls and/or the floor tiles after of its Unit, then any defect in waterproofing, cracks, in the Allottee taking over possession of the Apartmentplumbing pipes, and/or fittings and/or fixtures, the Promoter will not take any responsibility development of waterproofing, cracks or for any defects in plumbing pipes and fittings and fixtures that have developed which can be directly or indirectly due attributable to the changes so made including but not limited to any damage done during such changes;interior work.
8.2.2 (b) If there are the Purchaser has made any changes, modifications or alterations and/or alteration in the electrical lines and wirings after handing over possession then any defect in the electrical lines that can, directly or indirectly, be attributable to the changes, modifications and/or alterations so made including but not limited to the damage to the concealed electrical wiring during interior work.
(c) If the Purchaser has made any changes, modifications and/or alterations to any of the Apartment unto doors, their fittings, and/or other related items of its Unit, then any defect of such door, including its lock or locking system or alignments or any other related defects, that can be attributable directly or indirectly to the Allotteechanges, modifications and/or alterations so made.
(d) If the Promoter will not take Purchaser has made any responsibility for changes, modifications and/or alterations to any of the windows, their fittings and/or other related items of its Unit, then any defect of such window, its locks or alignment, or seepage from such a window or any other related defects in electrical lines and wirings that have developed which can be attributable directly or indirectly due to such changes, modifications or and/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 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;
8.2.4 (e) If the Allottee after taking actual physical possession Purchaser has made any alterations and/or changes in its Unit during execution of the Apartment, executes interior decoration work including any addition and/or alteration in the layout decorations or fit-outs of the internal walls of the Apartment by making any changes in the Apartment, its Unit then any defects like damp, hair line cracks, breakage in of the floor tiles or other defects arising as a direct that can be attributable, directly or indirect indirectly, to be in consequence of such alterations or changes will not be and/or changes.
(f) If the responsibility damages are to any glass pane of the Promoter;windows and/or louvers and/or any defects of the doors and/or windows, including without limitation their fittings like locks or locking systems or alignments, which is caused due to any external impact or forces, other than the forces required to normally operate such doors and/or windows, or if cracks develop between the door frame and the wall due to impacts caused due to improper handling or external impact or forces.
8.2.5 Different materials have (g) If there are scratches or damages to the floor or wall tiles due to wear and tear or direct or indirect impact on the floor or the wall tiles.
(h) If the waste pipes or waste lines from the basins or floor traps get choked due to accumulation of garbage or dust or otherwise due to improper usage or maintenance.
(i) If the damage is of a nature attributable to installation of air-conditioners, whether indoor or outdoor units, directly or indirectly.
(j) Damages in pipelines or electrical lines during installation of any furniture or fixtures or any electrical installations or any other household equipments due to improper drilling or otherwise, whether directly or indirectly.
(k) Any changes, modifications and/or alterations made in the openable/Non-openable/balcony MS grills or the grills that are required to be maintained properly and are not done so.
(l) Damages caused due to non-maintenance of such things or items or fixtures which requireregular maintenance and which gets damaged due to such non-maintenance.
(m) Normal cracks developing on the joints of brick walls and/or RCC beams and/or columns due to 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;materials.
8.2.6 (n) If the materials and fittings and defect in the materials, fittings, equipments, and/or fixtures provided are owing to any manufacturing defect or for not proper maintenance thereof or changes made by the Promoter are Purchaser is not being maintained by the Allottee or his / her agents in the manner in which the same is are required to be maintained;maintained or changed, as the case may.
8.2.7 Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided (o) If the defect is certified by the Promoter in Architects or the Common Areas concerned structural engineers for the Said Project to be not manufacturing defects and/or in the Apartment going out of order or malfunctioning arising due to voltage fluctuations or other reasons not under the control bad workmanship and/or bad quality of the Promoter and not amounting to poor workmanship or manufacture thereof; and/ormaterials used.
8.2.8 (p) If the Architect certifies Purchaser has used its Unit for any purposes other than residential. Provided that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding notwithstanding anything hereinbefore containedcontained hereinabove, it is hereby expressly agreed and understood that in case the Allottee, Purchaser alters the state and/or condition of the area of the purported defect without first notifying the Promoter Developer and without giving the Promoter Developer the reasonable opportunity to inspect, assess and and/or determine the nature of the purported defect in complained of, the Apartment, alters the state and condition of the area of the purported defect, then the Promoter Vendors shall not be relieved of its obligations contained in Clause 8.1 hereinaboveresponsible for suc Defect Liability.
Appears in 2 contracts
Samples: Conveyance, Conveyance
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee(s) from the date of handing over possession possession, save those as mentioned in clause 13.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 13.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee Allottee(s) taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the AllotteeAllottee(s), the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 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;
8.2.4 iv) If the Allottee 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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee Allottee(s) or his / her agents in the manner in which same is required to be maintained;.
8.2.7 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; and/or.
8.2.8 viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 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 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 said Apartment wing and if the annual maintenance contracts are not done/renewed by the Allottee(s)(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 and facilities wherever applicable. The Allottee(s)(s) has/have been made aware and the Allottee(s)(s) expressly agree(s) that the 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 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 Allottee(s)(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 of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
13.5 Notwithstanding anything hereinbefore contained, herein contained it is hereby expressly agreed and understood that in case the AllotteeAllottee(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of the 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 8.1 clause 13 hereinabove.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee Developer within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, save those as mentioned in clause 15.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible Developer to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the PromoterDeveloper’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 15.2 The Promoter Developer shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations 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 Promoter Developer will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter Developer will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter 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;
8.2.4 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 defects 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 responsibility of the PromoterDeveloper;
8.2.5 Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks 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 columns. Any contraction, any such cracks are being normal in high rise buildings and need to be repaired by Allottee or Association from time to time. Any , as the case may be, Provided However that any cracks developed which develop for reasons other than as mentioned above above, the Promoter Developer shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter Developer are not being maintained or used by the Allottee or his / his/her agents in the manner in which same is required to be maintained;maintained or used.
8.2.7 vii) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter Developer in the Common Areas and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations fluctuation or other reasons not under the control of the Promoter Developer and not amounting to poor workmanship or manufacture thereof; and/or.
8.2.8 viii) If the Architect Project Architect(s) certifies that such the defects complained of are not manufacturing defect or due to poor workmanship or poor quality.
8.3 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, contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter Developer and without giving the Promoter Developer the reasonable opportunity to inspect, assess and determine the nature of the 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 contained in Clause 8.1 clause 15 hereinabove.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
DEFECT LIABILITY. 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 this Agreement relating to such development, is brought to the notice of the Promoter by the Allottee If within a period of five (5) years from the date of handing over possession the Flat/Apartment to the Purchaser/ Allottee, the Purchaser/ Allottee brings to the notice of the Promoter any structural defect in the Flat/Apartment/Unit or the building in which the Flat/Apartment/Unit are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter shall be responsible at his own cost and in case it is not possible to rectify such defects without further chargedefects, within 30 (thirty) days and in then the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Purchaser/ Allottee shall be entitled to receive appropriate from the Promoter, compensation for such defect in the manner as provided under Applicable Laws for the time being 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 Apartment/Flat/Unit in forcegood conditions and repairs from the date of possession. Provided thatAlso 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 for carry out any alterations of the whatsoever nature in 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 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 deficiency occasioned liability automatically shall become void. The word defect here means only the manufacturing and workmanship defect/s caused on account of any act or omission wilful neglect on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the Promoter and shall not be liable for any manufacturing or other defects mean defect/s caused by normal wear and tear and by negligent use of any branded inputs or fixtures or services Apartment/Flat/Unit by the Occupants, vagaries of any third party, unless it results nature etc. Defects 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 are not take any responsibility of waterproofing, cracks or for any defects in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 included herein. That it shall be the responsibility of the Promoter;
8.2.5 Different Purchaser/s/ Allottee/s to maintain his unit in a proper manner and 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 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 such a case Promoter shall not be responsible for any defects occurring due to the same. That the project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the 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 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 necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and shall then submit a report to state the defects in materials have different coefficient used, in the structure built of expansion the unit/phase/wing and contraction and as such because in the workmanship executed keeping in mind the aforesaid agreed clause 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor qualityagreement.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 2 contracts
Samples: Sale Agreement, Agreement for Sale
DEFECT LIABILITY. 8.1 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 this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee Developer within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible Developer to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the PromoterDeveloper’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defectAct.
8.2 14.1 The Promoter Developer shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations 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 Promoter Developer will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter Developer will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter 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;
8.2.4 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 defects 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 responsibility of the PromoterDeveloper;
8.2.5 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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter Developer are not being maintained by the Allottee or his / her agents in the manner in which same is required to be maintained;.
8.2.7 vii) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter Developer 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 Developer and not amounting to poor workmanship or manufacture thereof; and/or.
8.2.8 viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 . Notwithstanding anything hereinbefore contained, contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter Developer and without giving the Promoter theDeveloper the reasonable opportunity to inspect, assess and determine the nature of the 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 contained in Clause 8.1 clause 15 hereinabove.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
DEFECT LIABILITY. 8.1 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 this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects through the structural engineer without further charge, within 30 (thirty) days days, and in the event of the PromoterXxxxxxxx’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, that the Promoter shall not be liable for to compensate if the defect is attributable to any defect acts or deficiency occasioned on account of any act omissions or omission on the part commissions of the Allottee (or any authority person appointed by him or third party over whom the Promoter has no control acting under him or under his instructions) or arising due to any defect normal wear and tear or deficiency which is due to reasons not attributable to the Promoter. Provided further that, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 14.2 Notwithstanding anything hereinbefore contained, 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 the 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 Clause 8.1 hereinaboveits 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. After expiry of the insurance, the Association of Allottees shall be responsible for renewing the same.
14.4 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 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 ends before the defect liability period and such warranties are covered under the maintenance of the Apartment/Segment/Project and if the annual maintenance contracts are not done /renewed by the allottees, the Promoter shall not be responsible for any defects occurring due to the same. The Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the vendors/manufacturers that all equipments, 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 areas/common parts and facilities wherever applicable. The Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of 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 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 of the Apartment/Segment/Project and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, save those as mentioned in clause 15.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 15.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations 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 Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 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;
8.2.4 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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or his / her agents in the manner in which same is required to be maintained;.
8.2.7 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; and/or.
8.2.8 viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 . Notwithstanding anything hereinbefore contained, 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 the 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 8.1 clause 14 hereinabove.
Appears in 2 contracts
Samples: Sale Agreement, Agreement for Sale
DEFECT LIABILITY. 8.1 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 this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects through the structural engineer without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, that the Promoter shall not be liable for to compensate if the defect is attributable to any defect acts or deficiency occasioned on account of any act omissions or omission on the part commissions of the Allottee (or any authority person appointed by him or third party over whom the Promoter has no control acting under him or under his instructions) or arising due to any defect normal wear and tear or deficiency which is due to reasons not attributable to the Promoter. Provided further that, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 14.2 Notwithstanding anything hereinbefore contained, 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 the 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 Clause 8.1 hereinaboveits 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. After expiry of the insurance, the Association of Allottees shall be responsible for renewing the same.
14.4 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 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 ends before the defect liability period and such warranties are covered under the maintenance of the Apartment/Segment/Project and if the annual maintenance contracts are not done /renewed by the allottees, the Promoter shall not be responsible for any defects occurring due to the same. The Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the vendors/manufacturers that all equipments, 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 areas/common parts and facilities wherever applicable. The Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of 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 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 of the Apartment/Segment/Project and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
DEFECT LIABILITY. 8.1 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 this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee Developer within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible Developer to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the PromoterDeveloper’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defectAct.
8.2 14.1 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations 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 Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 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;
8.2.4 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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or his / her agents in the manner in which same is required to be maintained;.
8.2.7 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; and/or.
8.2.8 viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 . Notwithstanding anything hereinbefore contained, 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 the 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 8.1 clause 15 hereinabove.
Appears in 2 contracts
Samples: Agreement for Sale, Sale Agreement
DEFECT LIABILITY. 8.1 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 this Agreement relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over handover of possession of the Apartment, Designated Unit or the Promoter obtaining the completion certificate, whichever is earlier, it shall be responsible the duty of the Promoter 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 Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defectAct.
8.2 b. The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 (a) If there are changes, modifications or alterations alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee taking over possession of the ApartmentDesignated Unit, the Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;.
8.2.2 (b) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over possession of the Apartment unto has been given to the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;.
8.2.3 (c) 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;.
8.2.4 (d) If the Allottee after taking actual physical possession of the ApartmentDesignated Unit, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment Designated Unit by making any changes in the ApartmentDesignated Unit, then any defects 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 the responsibility of entertained by the Promoter;.
8.2.5 (e) 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 needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above above, the Promoter shall get the same it rectified at its own cost;.
8.2.6 (f) If the materials and fittings and fixtures provided by the Promoter or other vendors are not being maintained by the Allottee or his / her its agents in the manner in which same is required to be maintained;maintained or have been tampered with or fitted or refitted in non-compliance or ignorance of the product use requirements, product maintenance requirements or annual maintenance requirements as per the manufacturer’s guidelines for such material or fittings.
8.2.7 (g) 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 Designated Unit going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof; and/or.
8.2.8 (h) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 (i) If the annual maintenance contracts and other licenses are not validly maintained by the Association.
c. Notwithstanding anything hereinbefore contained, 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 the purported defect in the ApartmentDesignated Unit, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in Clause 8.1 clause 12 hereinabove.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
DEFECT LIABILITY. 8.1 12.1 It is agreed that th at 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 this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter within a peri od of 5 (five) years by the Allottee within a period of five (5) years from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days and defects with in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided thathowever, that regular maintenance and due care has been taken by Purchaser / Allottee/s own cost to keep the Apartment/Flat/Unit in good conditions and repairs at his own cost from the date of possession. Also to carry out at his own cost all inter nal 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 be liable for carry out any alterations of the whatsoever nature in 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 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 deficiency occasioned liability automatically shall become void. The word defect here means only the manufacturing and workmanship defect/s caused on account of any act or omission wilful neglect on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the Promoter and shall not be liable for any manufacturing or other defects mean defect/s caused by normal wear and tear and by negligent use of any branded inputs or fixtures or services Apartment/Flat/Unit by the Occupants, vagaries of any third party, unless it results nature etc. Defects 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor qualityincluded herein.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. 8.1 It is agreed that in case In the event of any structural defect or any other defect in the workmanship, quality or provision of services or any other obligations of the Promoter as per this the Sale Agreement relating to such development, is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years from the date of handing over possession of the ApartmentPossession Date, the Promoter shall be responsible to will rectify such defects without further chargecharge provided however, within 30 (thirty) days and in the event neither of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in force. Provided that, the Promoter them shall not be held liable or responsible for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 The Promoter shall not be liable and to rectify the same in any defect occurring under of the following circumstances:
8.2.1 (1) If there are the Allottee has made any changes, modifications or and/or alterations in the internal plumbing pipes and and/or any fittings and fixtures and/or fixtures, or change of wall or the walls and/or the floor tiles after the Allottee taking over possession of the Apartmentits Unit, the Promoter will not take then any responsibility of defect in waterproofing, cracks or for any defects in the plumbing pipes and pipes, and/or fittings and fixtures that have developed and/or fixtures, the development of which can be directly or indirectly due attributable to the changes so made including but not limited to any damage done during such changes;interior work.
8.2.2 (2) If there are the Allottee has made any changes, modifications or and/or alterations in the electrical lines and wirings after handing over possession then any defect in the electrical lines that can, directly or indirectly, be attributable to the changes, modifications and/or alterations so made including but not limited to the damage to the concealed electrical wiring during interior work.
(3) If the Allottee has made any changes, modifications and/or alterations to any of the Apartment unto doors, their fittings, and/or other related items of its Unit, then any defect of such door, including its lock or locking system or alignments or any other related defects, that can be attributable directly or indirectly to the Allotteechanges, modifications and/or alterations so made.
(4) If the Promoter will not take Allottee has made any responsibility for changes, modifications and/or alterations to any of the windows, their fittings and/or other related items of its Unit, then any defect of such window, its locks or alignment, or seepage from such a window or any other related defects in electrical lines and wirings that have developed which can be attributable directly or indirectly due to such changes, modifications or and/or alterations;.
8.2.3 (5) If there are the Allottee has made any changes, modifications or and/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;
8.2.4 If the Allottee after taking actual physical possession its Unit during execution of the Apartment, executes interior decoration work including any addition and/or alteration in the layout decorations or fit-outs of the internal walls of the Apartment by making any changes in the Apartment, its Unit then any defects like damp, hair line cracks, breakage in of the floor tiles or other defects arising as a direct that can be attributable, directly or indirect indirectly, to be in consequence of such alterations or changes will not be and/or changes.
(6) If the responsibility damages are to any glass pane of the Promoter;windows and/or louvers and/or any defects of the doors and/or windows, including without limitation their fittings like locks or locking systems or alignments, which can be attributed to have been caused due to any external impact or forces, other than the forces required to normally operate such doors and/or windows, or if cracks develop between the door frame and the wall due to impacts caused due to improper handling or external impact or forces.
8.2.5 Different materials have (7) If there are scratches or damages to the floor or wall tiles due to wear and tear or direct or indirect impact on the floor or the wall tiles.
(8) If the waste pipes or waste lines from the basins or floor traps get choked due to accumulation of garbage or dust or otherwise due to improper usage or maintenance.
(9) If the damage is of a nature attributable to installation of air-conditioners, whether indoor or outdoor units, directly or indirectly.
(10) Damages in pipelines or electrical lines during installation of any furniture or fixtures or any electrical installations or any other household equipments due to improper drilling or otherwise, whether directly or indirectly.
(11) Any changes, modifications and/or alterations made in the openable/non-openable/balcony MS grills or the grills that are required to be maintained properly and are not done so.
(12) Damages caused due to non-maintenance of such things or items or fittings or fixtures which require regular maintenance and which gets damaged due to such non-maintenance.
(13) Normal cracks developing on the joints of brick walls and/or RCC beams and/or columns due to 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;materials.
8.2.6 (14) If the materials and fittings and defect in the materials, fittings, equipments, and/or fixtures provided by the Promoter are owing to any manufacturing defect or for not being maintained proper maintenance thereof or changes made by the Allottee or his / her agents is not in the manner in which the same is are required to be maintained;maintained or changed, as the case may.
8.2.7 Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided (15) If the defect is certified by the Promoter in Architects or the Common Areas concerned structural engineers for the Said Project to be not manufacturing defects and/or in the Apartment going out of order or malfunctioning not arising due to voltage fluctuations or other reasons bad workmanship and/or not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor qualitybad quality of materials used.
8.3 Notwithstanding anything hereinbefore contained, it is hereby expressly agreed and understood that in case the Allottee, without first notifying the (16) The Promoter and without giving the Promoter the reasonable opportunity will not be liable to inspect, assess and determine the nature of the purported rectify any defect in the Apartment, alters private gardenarea arising out of soil filling or any other such act done by the state and condition allottee on the concrete flooring of the area private garden of their unit.
(17) If the purported defect, then the Promoter shall be relieved of Allottee has used its obligations contained in Clause 8.1 hereinaboveUnit for any purposes other than residential.
Appears in 1 contract
Samples: Conveyance
DEFECT LIABILITY. 8.1 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 this Agreement relating to such development, purchased materials and/or items) is brought to the notice of the Promoter by the Allottee Developer within a period of five 5 (5five) years by the Allottee from the date of handing over possession of the Apartmentpossession, the Promoter Developer shall be responsible take steps to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the PromoterDeveloper’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in force. Act Provided that, However that the Promoter Developer shall not be liable for under any defect or deficiency occasioned on account of circumstances if any act or omission on additions, alterations and/or modifications etc. have been made in the part of the Allottee or Buildings, Common Areas and/or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 Apartment unto Units by the AllotteeAllottees including the Allottee herein and/or if there is any deviation found from the sanctioned Building Plan. It is further made clear that the structural defect, if any, must be certified by a licensed Architect that it is a defect made at the Promoter will time of construction and is not take any responsibility for any defects in electrical lines and wirings that have developed directly or indirectly due to such changeswear and tear and/or due to weather elements and/or natural causes /calamities and/or due to any additions, modifications or alterations;
8.2.3 If there are changesalterations and/or modifications, 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 etc. made by any other related defects arising directly or indirectly out of such changes, modifications or alterations;
8.2.4 If the Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition Allottees and/or alteration in the layout occupants 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 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 columnsBuilding. 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore contained, herein contained it is hereby expressly agreed and understood that in case the AllotteeAllottees, without first notifying the Promoter Developer and without giving the Promoter Developer the reasonable opportunity to inspect, assess and determine the nature of the 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 contained hereinabove in Clause 8.1 hereinabovethis clause. However, the Allottee has been made aware and the Allottee 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 necessary to appoint an expert/ surveyor to be nominated by the architect of the said project, who shall survey and assess the same and 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. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee(s) from the date of handing over possession possession, save those as mentioned in clause 12.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 12.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee Allottee(s) taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the AllotteeAllottee(s), the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 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;
8.2.4 iv) If the Allottee 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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee Allottee(s) or his / her agents in the manner in which same is required to be maintained;.
8.2.7 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; and/or.
8.2.8 viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 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 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 said Apartment 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 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 and facilities wherever applicable. The Allottee(s) has/have been made aware and the Allottee(s) expressly agree(s) that the 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 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 Allottee(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 of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything hereinbefore contained, herein contained it is hereby expressly agreed and understood that in case the AllotteeAllottee(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of the 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 8.1 clause 13 hereinabove.
Appears in 1 contract
Samples: Not Specified
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5Five) years by the Purchaser from the date of handing over possession obtaining Completion Certificate, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirtyThirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Purchaser shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that.
b) However, it is clarified that the Defect Liability of the Promoter under the applicable statute for the time being in force shall not be liable for any defect cover defects, damage or deficiency occasioned on account malfunction resulting from the following events:
(i) where the manufacturer warranty as shown by the Promoter to the Purchaser ends before the Defect Liability period and such warranties are covered under the maintenance of any act or omission 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 part external and internal walls excluding the RCC structure which happens due to variation in temperature of the Allottee more than 20* C and which do not amount to structural defects and bad workmanship or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.;
8.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 (iii) If there are changes, modifications or alterations alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee Purchaser taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 (iv) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the AllotteePurchaser, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 (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;
8.2.4 (vi) If the Allottee 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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 (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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 (viii) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee Purchaser or his / his/her agents in the manner in which same is required to be maintained;.
8.2.7 (ix) 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; and/or.
8.2.8 (x) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 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 assess the same and then submit a report to state the defects in 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 hereinbefore contained, herein contained it is hereby expressly agreed and understood that in case the AllotteePurchaser, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of the 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 8.1 clause VII hereinabove.
Appears in 1 contract
Samples: Indenture
DEFECT LIABILITY. 8.1 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 this Agreement relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over handover of possession of the Apartment, it shall be the duty of the Promoter shall be 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 Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defectAct.
8.2 12.2. The Promoter shall however not be liable to rectify any defect occurring under the following circumstances:
8.2.1 (i) If there are changes, modifications or alterations 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 Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;.
8.2.2 (ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over possession of the Apartment unto has been given to the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;.
8.2.3 (iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter Allottee 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;.
8.2.4 (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 defects 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 the responsibility of entertained by the Promoter;.
8.2.5 (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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above above, the Promoter shall get the same it rectified at its own cost;.
8.2.6 (vi) If the materials and fittings and fixtures provided by the Promoter or other vendors are not being maintained by the Allottee or his / her its agents in the manner in which same is required to be maintained;maintained or have been tampered with or fitted or refitted in non-compliance or ignorance of the product use requirements, product maintenance requirements or annual maintenance requirements as per the manufacturer’s guidelines for such material or fittings.
8.2.7 (vii) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas Areas, Amenities and Facilities 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; and/or.
8.2.8 (viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 (ix) If the annual maintenance contracts and other licenses are not validly maintained by the Association.
(x) Notwithstanding anything hereinbefore contained, 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 the 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 8.1 12.1 hereinabove.
12.3. The Allottee agrees that in case of any major structural alterations, changes and/or modifications are carried out by the Allottee in respect of the Apartment (save and except minor renovation and interior work), the Promoter’s obligation under Clause 12.1 above shall cease to have effect and the Allottee shall be deemed to have waived its right to avail the remedy provided in Clause 12.1 above.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 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 Promoters as per this the Agreement relating to such development, To Sell is brought to the notice of the Promoter by the Allottee Promoters within a period of five 5 (5five) years by the Buyer from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible Promoters to rectify such defects without further charge, within 30 (thirty) days thirty days, and in the event of the Promoter’s Promoters’ failure to rectify such defects within such time, the aggrieved Allottee Buyer shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being Act. The Buyer shall, in forceorder to mitigate any further prejudicial effect, notify the Promoters of such structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoters, in a prompt manner and preferably within 7 (seven) days from the date of occurrence. Provided thatHowever, the Promoter Promoters shall not be liable for any defect or deficiency occasioned on account rectification of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 If (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 are changes, modifications or alterations in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee taking is a fundamental difference between hand over possession of the Apartmentbuilding/ 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 Promoter will not take any responsibility of waterproofing, cracks or for any defects in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 If there are changes, modifications or alterations in electrical lines and wirings after handing over possession continued maintenance of the 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 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;
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 systems handed over would not be the responsibility of the Promoter;
8.2.5 Different materials have different coefficient Promoters, and the Promoters shall not be liable for rectification of expansion and contraction and as any defects therein. Provided further that in case rectification of any such because structural defect or any other defect in workmanship, quality or provision 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 services by the Promoter are not Promoters at the Real Estate Project, reasonably and in the ordinary course requires additional time beyond the said 30 (thirty) days, then 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 maintained by the Allottee or his entitled to / her agents making any claim to receive appropriate compensation in the manner as provided under the Act and/or otherwise under the Applicable Laws. Further, the Promoters shall not be held responsible for any delay in which completing the rectification if the 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 caused due to voltage fluctuations or any non-cooperation from other reasons not under apartment allottees / owners and the control Association of the Promoter and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor qualityBuyers.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Conveyance Deed
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, save those as mentioned in clause 12.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s Project Manger failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 12.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations 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 Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 iii) If there are changes, modifications or alterations in doors, windows or other related items, after said possession unto the Allottee, 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;
8.2.4 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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or his / her agents in the manner in which same is required to be maintained;.
8.2.7 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; and/or.
8.2.8 viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 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 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 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 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 end before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done/renewed by the Allottee, 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 all the Apartments and the Common project amenities and facilities wherever applicable. The Allottee have been made aware and the Allottee expressly agree that the 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 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 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 of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything hereinbefore contained, 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 the 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 8.1 clause 12 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 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 this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be 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 time being in forceAct.
12.2. Provided thatThat 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 liable responsible for any consequence or defect or deficiency occasioned liability on account of any act change implemented in the Said Apartment (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or omission on the any part of the said Building by the Allottee or for any authority failure, negligence in implementing the interior decoration of the Said Apartment, act or third party over whom 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 has no control 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 deficiency defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which is cannot be attributable to the Promoter or beyond the control of the Promoter. Provided further thatAfter 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 liable responsible for any manufacturing or other defects the cost of any branded inputs or fixtures or services of any third party, unless it results in a structural defect.
8.2 The Promoter re-instating and/or repairing such damage caused by the Allottee and the Allottee alone 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 reinstate the same rectified at its his/her/its/their own cost;
8.2.6 If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor qualitycosts.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 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 this Agreement relating to such development, is brought The Clause 12 hereinabove shall be subject to the notice of condition that the Promoter by the Allottee within a period of five (5) years from the date of handing over possession of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations 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 Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 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;
8.2.4 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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or his / her agents in the manner in which same is required to be maintained;.
8.2.7 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; and/or.
8.2.8 viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 . Notwithstanding anything hereinbefore contained, 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 the 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 8.1 clause 15 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee(s) from the date of handing over possession possession, save those as mentioned in clause 12.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 12.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee Allottee(s) taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the AllotteeAllottee(s), the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 iii) If there are changes, modifications or alterations in doors, windows or other related items, after said possession unto the Allottee(s), then the Promoter Promoter(s) 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;
8.2.4 iv) If the Allottee 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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter are is not being maintained by the Allottee Allottee(s) or his / her his/her/their agents in the manner in which same is required to be maintained;.
8.2.7 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; and/or.
8.2.8 viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 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 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 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 said Apartment 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 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 area amenities and facilities wherever applicable. The Allottee(s) has/have been made aware and the Allottee(s) expressly agree(s) that the 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 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 Allottee(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 of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
12.5 Notwithstanding anything hereinbefore contained, herein contained it is hereby expressly agreed and understood that in case the AllotteeAllottee(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of the 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 8.1 clause 12 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 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 If within a period as per this Agreement relating law from the date of obtaining completion certificate or handing over the flat to such developmentthe Purchaser whichever is earlier, is brought the Purchaser brings to the notice of the Promoter promoter any defect in the said flat and or building in which the flat is situated or the material used therein in the construction of the said building, then, wherever possible such defects will be rectified by the Allottee within a period of five (5) years from the date of handing over possession of the Apartment, the Promoter shall be responsible at their own cost and in case it is not possible to rectify such defects without further chargedefect, within 30 (thirty) days and in then the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Purchaser shall be entitled to receive appropriate compensation from the Promoter reasonable charges for repairs of the same by the third party for such defect. The word defect here means only the manufacturing defects caused on account of willful neglect on part of the promoter and shall not mean defects caused by normal wear and tear, negligent use of flat by the purchasers, vagaries of nature etc. Provide that it is agreed that the described liability period under the Act Shall be deemed to have commenced from the date of completion Certificate of the /flat or from the date on which the Promoter has given the necessary intimation for possession, whichever is earlier. Provided further, it is agreed that the Purchaser shall not carry out any alterations of whatsoever nature in the manner as provided under Applicable Laws said flat or in the fittings therein, in particular it is agreed that the Purchaser shall not carry out any alterations of whatsoever nature in the said flat or in the fittings therein, in Particular. It is hereby agreed that the Purchaser shall not make any alterations in any of the RCC structure, masonry, fittings, pipes, water, drainage supply connections etc. or any other erection in the bathroom, kitchen, toilet, WC, terrace, etc. If any of such works are carried out or any heavy load are stored in the said flat, balcony terrace etc., any liability including the defect liability automatically shall become void and the purchaser alone shall be responsible for it. Further the time being in forcepurchaser will be liable for paying damages, if any, to the purchase/ owner/User of flat below or any affected flat. Provided thatIf due to the purchasers or any other purchasers act or negligence, the Promoter purchasers flat is damaged, the repairs shall be carried out by the party responsible for such any act and the promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defectsame.
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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 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 promoter as per this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession obtaining completion certificate and Notice of possession, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects through the structural engineer without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, that the Promoter shall not be liable for to compensate if the defect is attributable to any defect acts or deficiency occasioned on account of any act omissions or omission on the part commissions of the Allottee (or any authority person appointed by him or third party over whom the Promoter has no control acting under him or under his instructions) or arising due to any defect normal wear and tear or deficiency which is due to reasons not solely attributable to the Promoter. Provided further that, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore contained, 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 the purported defect in the ApartmentRow 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 8.1 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.
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 to the Allottee ends before the defect 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 allottees, the Promoter shall not be responsible for any defects occurring due to the same. The Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Vendors/Manufacturers that all equipments, 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 Row House/Bungalows and the Common project amenities wherever applicable. The Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of 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 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 Unit /phase/wing and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
Appears in 1 contract
Samples: Master Agreement for Sale
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, save those as mentioned in clause 13.3 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s Promoter‟s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 13.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 (i) If there are changes, modifications or alterations 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 Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 (ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 (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;
8.2.4 (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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 (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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 (vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or his / her agents in the manner in which same is required to be maintained;.
8.2.7 (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; and/or.
8.2.8 (viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 . Notwithstanding anything hereinbefore contained, 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 the 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 8.1 clause 14 hereinabove.
13.3 The Promoter/maintenance agency/Association of Allottee shall have the right of unrestricted access of all Common Areas, parking spaces for providing necessary maintenance services and the Allottee agrees to permit the Promoter / Association of Allottee and/or maintenance agency to enter into the Apartment or any part thereof, after due notice and during normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. 8.1 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 this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee Owners/Promoters within a period of five 5 (5five) years by the Allottees from the date of handing over possession obtaining the completion certificate, it shall be the duty of the Apartment, the Promoter shall be responsible Owners/Promoters to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Owners/Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore contained, herein contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter Owners/Promoters and without giving the Promoter Owners/Promoters the reasonable opportunity to inspect, assess and determine the nature of the purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter Owners/Promoters shall be relieved of its obligations contained in Clause 8.1 clause 12.1 hereinabove.
12.2 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. 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 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. For Fortune Park Housing Projects Pvt. Ltd
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 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 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 ends before the defect 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 allottees, the Owners/Promoters shall not be responsible for any defects occurring due to the same. 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 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 Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of 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 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 Unit /phase/wing and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 (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 this Agreement relating to such development, development is brought to the notice of the Promoter by the Allottee Vendor within a period of five 5 (5five) years by the Allottee from the date of handing over handover of possession of the ApartmentDesignated Unit or the Vendor obtaining the completion certificate, the Promoter whichever is earlier, it shall be responsible the duty of the Vendor to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s Vendor's failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defectAct.
8.2 (ii) The Promoter Vendor shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 1. If there are changes, modifications or alterations alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee taking over possession of the ApartmentDesignated Unit, the Promoter Vendor will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;.
8.2.2 2. If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over possession of the Apartment unto has been given to the Allottee, the Promoter Vendor will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;.
8.2.3 3. If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter Vendor 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;.
8.2.4 4. If the Allottee after taking actual physical possession of the ApartmentDesignated Unit, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment Designated Unit by making any changes in the ApartmentDesignated Unit, then any defects 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 responsibility of the Promoter;Vendor.
8.2.5 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 needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above above, the Promoter Vendor shall get the same it rectified at its own cost;.
8.2.6 6. If the materials and fittings and fixtures provided by the Promoter Vendor or other vendors are not being maintained by the Allottee or his / her its agents in the manner in which same is required to be maintained;maintained or have been tampered with or fitted or refitted in non-compliance or ignorance of the product use requirements, product maintenance requirements or annual maintenance requirements as per the manufacturer’s guidelines for such material or fittings.
8.2.7 7. Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter Vendor in the Common Areas and/or in the Apartment Designated Unit going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter Vendor and not amounting to poor workmanship or manufacture thereof; and/or.
8.2.8 8. If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 9. If the annual maintenance contracts and other licenses are not validly maintained by the Association.
10. Notwithstanding anything hereinbefore contained, contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter Vendor and without giving the Promoter Vendor the reasonable opportunity to inspect, assess and determine the nature of the purported defect in the ApartmentDesignated Unit, alters the state and condition of the area of the purported defect, then the Promoter Vendor shall be relieved of its obligations contained in Clause 8.1 13 (i) hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 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 this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects through the structural engineer without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, that the Promoter shall not be liable for to compensate if the defect is attributable to any defect acts or deficiency occasioned on account of any act omissions or omission on the part commissions of the Allottee (or any authority person appointed by him or third party over whom the Promoter has no control acting under him or under his instructions) or arising due to any defect normal wear and tear or deficiency which is due to reasons not attributable to the Promoter. Provided further that, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 14.2 Notwithstanding anything hereinbefore contained, 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 the 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 Clause 8.1 hereinaboveits 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. After expiry of the insurance, the Association of Allottees shall be responsible for renewing the same.
14.4 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 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 ends before the defect liability period and such warranties are covered under the maintenance of the Apartment/Phase/Segment/Complex and if the annual maintenance contracts are not done /renewed by the allottees, the Promoter shall not be responsible for any defects occurring due to the same. The Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the vendors/manufacturers that all equipments, 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 areas/common parts and facilities wherever applicable. The Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of the Apartment/Phase/Segment/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 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 of the Apartment/Phase/Segment/Complex and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession Completion Certificate, save those as mentioned in clause 14.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 14.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations 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 Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 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;
8.2.4 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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or his / her agents in the manner in which same is required to be maintained;.
8.2.7 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; and/or.
8.2.8 viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 . Notwithstanding anything hereinbefore contained, 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 the 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 8.1 clause 14 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the First party(s) from the date of handing over possession possession, save those as mentioned in clause 13.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s Promoter‘s failure to rectify such defects within such time, the aggrieved Allottee First party(s) shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 13.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee First party(s) taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the AllotteeFirst party(s), the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 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;
8.2.4 iv) If the Allottee First party(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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee First party(s) or his / her agents in the manner in which same is required to be maintained;.
8.2.7 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; and/or.
8.2.8 viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 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 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 First party(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 First party(s)(s) ends before the defect liability period and such warranties are covered under the maintenance of the said Apartment wing and if the annual maintenance contracts are not done/renewed by the First party(s)(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 and facilities wherever applicable. The First party(s)(s) has/have been made aware and the First party(s)(s) expressly agree(s) that the 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 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 First party(s)(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 of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
13.5 Notwithstanding anything hereinbefore contained, herein contained it is hereby expressly agreed and understood that in case the AllotteeFirst party(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of the 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 8.1 clause 13 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five (5) years 12 months by the Allottee from the date of handing over possession possession, save those as mentioned in clause 13.3 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days thirty)days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 (i) If there are changes, modifications or alterations 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 Promoter will not take any responsibility of waterproofingwater proofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 (ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 (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;
8.2.4 (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 defects defect like damp, hair line hairline cracks, breakage in floor tiles or other defects arising as a direct or indirect consequence of such alterations or changes will not be the responsibility of entertained by the Promoter;
8.2.5 (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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 (vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained Maintained by the Allottee or his / his/her agents in the manner in which same is required Required to be maintained;.
8.2.7 (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 o the reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof; and/or.
8.2.8 (viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 . Notwithstanding anything hereinbefore contained, 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 the 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 8.1 clause13 hereinabove. The Promoter/maintenance agency/Association of Allottee shall have the right of unrestricted access of all Common Areas, parking spaces for providing necessary maintenance services and the Allottee agrees to permit the Promoter / Association of Allottee and/or maintenance agency to enter into the Apartment or any part thereof, after due notice and during normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. 8.1 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 this Agreement relating to such development, purchased materials and/or items) is brought to the notice of the Promoter by the Allottee Vendor within a period of five 5 (5five) years by the Allottee from the date of handing over possession of the Apartmentdeemed possession, the Promoter Vendor shall be responsible take steps to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the PromoterVendor’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in force. Act Provided that, However that the Promoter Vendor shall not be liable for under any defect or deficiency occasioned on account of circumstances if any act or omission on additions, alterations and/or modifications etc. have been made in the part of the Allottee or Buildings, Common Areas and/or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 Apartment unto Units by the AllotteeAllottees including the Allottee herein and/or if there is any deviation found from the sanctioned Building Plan. It is further made clear that the structural defect, if any, must be certified by a licensed Architect that it is a defect made at the Promoter will time of construction and is not take any responsibility for any defects in electrical lines and wirings that have developed directly or indirectly due to such changeswear and tear and/or due to weather elements and/or natural causes /calamities and/or due to any additions, modifications or alterations;
8.2.3 If there are changesalterations and/or modifications, 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 etc. made by any other related defects arising directly or indirectly out of such changes, modifications or alterations;
8.2.4 If the Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition Allottees and/or alteration in the layout occupants 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 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 columnsBuilding. 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore contained, herein contained it is hereby expressly agreed and understood that in case the AllotteeAllottees, without first notifying the Promoter Vendor and without giving the Promoter Vendor the reasonable opportunity to inspect, assess and determine the nature of the purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter Vendor shall be relieved of its obligations contained hereinabove in Clause 8.1 hereinabovethis clause. However, the Allottee has been made aware and the Allottee 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 necessary to appoint an expert/ surveyor to be nominated by the architect of the said project, who shall survey and assess the same and 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. 8.1 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 this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being Act; Provided however, that regular maintenance and due care has been taken by Purchaser / Allottee/s own cost to keep the Apartment/Flat/Unit in forcegood conditions and repairs at his own cost from the date of possession. Provided thatAlso 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.
12.2 That the Purchaser/s/ Allottee/s shall not be liable for carry out any alterations of the whatsoever nature in 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 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 deficiency occasioned liability automatically shall become void. The word defect here means only the manufacturing and workmanship defect/s caused on account of any act or omission wilful neglect on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the Promoter and shall not be liable for any manufacturing or other defects mean defect/s caused by normal wear and tear and by negligent use of any branded inputs or fixtures or services Apartment/Flat/Unit by the Occupants, vagaries of any third party, unless it results nature etc. Defects 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 are not take any responsibility of waterproofing, cracks or for any defects in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;included herein.
8.2.2 If there are changes, modifications or alterations in electrical lines and wirings after handing over possession of the 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 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;
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 12.3 That it shall be the responsibility of the Promoter;Purchaser/s/ Allottee/s to maintain his unit in a proper manner and 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.
8.2.5 Different 12.4 Further where the manufacturer warranty as shown by the developer to the allottee / purchaser ends before the defects 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 such a case Promoter shall not be responsible for any defects occurring due to the same.
12.5 That the project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the 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 common project amenities wherever applicable.
12.6 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.
12.7 It is expressly agreed that before any liability of defect is claimed by or on behalf of the Purchaser / Allottee, it shall be necessary to appoint an expert who shall be a nominated surveyor who shall survey and assess the same and shall then submit a report to state the defects in materials have different coefficient used, in the structure built of expansion the unit/phase/wing and contraction and as such because in the workmanship executed keeping in mind the aforesaid agreed clause 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor qualityagreement.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Agreement for Sale (Flats)
DEFECT LIABILITY. 8.1 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 promoter as per this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession obtaining completion certificate and Notice of possession, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects through the structural engineer without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, that the Promoter shall not be liable for to compensate if the defect is attributable to any defect acts or deficiency occasioned on account of any act omissions or omission on the part commissions of the Allottee (or any authority person appointed by him or third party over whom the Promoter has no control acting under him or under his instructions) or arising due to any defect normal wear and tear or deficiency which is due to reasons not solely attributable to the Promoter. Provided further that, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore contained, 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 the 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 8.1 clause 14 hereinabove.
15.2 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.
b. Fittings related to plumbing, sanitary, electrical, hardware, etc. 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 manufacturer warranty as shown by the Promoter to the Allottee ends before the defect 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 allottees, the Promoter shall not be responsible for any defects occurring due to the same. The Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Vendors/Manufacturers that all equipments, 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 Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of 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 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 Unit /phase/wing 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. 8.1 It is agreed that in case any (a) After the Possession Date, the Purchaser/s will have no right or claim against the Seller, 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 this Agreement relating to Architect during the defect liability period which would be 1 (one) year from the Possession Date or the Deemed Date of Possession, whichever is applicable (“Defect Liability Period”). During such developmentDefect Liability Period, if any major defect is brought proved to the notice satisfaction of the Promoter by Architect, which makes the Allottee within a period of five (5) years from Unit inhabitable, the date of handing over possession same will be remedied at no extra cost to the Purchaser/s. It is agreed that the decision of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days and in the event Architect of the Promoter’s failure Seller will be final and binding on the Purchaser/s and the Seller. All defects that are caused due to rectify such defects within such timenormal wear and tear, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission abuse and improper usage/negligence/omission/act/commission on the part of the Allottee or any authority or third party over whom Purchaser/s is excluded from this clause for which the Promoter has no control or any defect or deficiency which Seller is not attributable to the Promoter. Provided further that, the Promoter neither liable nor responsible.
(b) The Seller shall not be liable responsible for any manufacturing or other defects issues (such as difference in shades of any branded inputs or fixtures or services of any third partytiles, unless it results 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 a structural defect.
8.2 The Promoter carpet area due to plaster thickness and skirting). Moreover, minor tile chipping, minor damages in places where welding has conducted, shall not be liable considered as defects for the purposes of this section. Purchaser agrees and acknowledges that defects arising from natural wear and tear/forced/ intentional/accidental damages shall not come within the scope of defect liability and hence the Seller shall not be responsible for the maintenance of the same. Further, Parties agree that any defects or damages caused to rectify any defect occurring under the following circumstances:
8.2.1 If there are changesglass, modifications or alterations in plumbing pipes and fittings and fixtures or change electrical fixtures, ceramic, vitrified, porcelain materials after acceptance of wall or floor tiles after the Allottee taking over possession of the ApartmentUnit by the Purchaser shall not come under scope of defect liability and the Seller shall not be held liable for not curing/ entertaining such claims.
(c) The Seller shall not be responsible for routine/non-structural cracks resulting from differential co- efficient of thermal expansion, the Promoter will not take any responsibility non-monolithic joints, seasoning effects, sweating of waterproofingwalls, cracks or for any etc. and such other defects in plumbing pipes and fittings and fixtures that have developed directly or indirectly caused due to such changes;
8.2.2 If there are changesnormal wear and tear, modifications or alterations in electrical lines abuse and wirings after handing over possession of the 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor qualityimproper usage.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 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 this Agreement relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five (5) years by the Allottee(s) from the date of handing over possession or Deemed Date Of Possession, whichever is earlier, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 thirty (thirty30) days days, and in the event of the Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottee Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act. In case any such structural defect or any other defect in workmanship, quality or provision of services reasonably & in the ordinary course requires additional time beyond the said 30 (thirty) days having regard to the nature of the defect, then Promoter shall be entitled to such additional time period, provided, an intimation thereof has been provided to the Allottee, prior to the expiry of the said initial 30 (thirty) days. The Parties shall mutually work upon and agree to a reasonable and justifiable additional time period for rectification of such defects. The Allottee(s)hereby agrees to such additional time / extension of time without being entitled to or making any claim to receive appropriate compensation in the manner provided under the Act and / or otherwise under Applicable Laws Law. Promoter shall not be liable for rectification of any defect if the same has resulted due to natural wear and tear, alterations, misuse, and deviation from conditions of usage, and any act, omission or negligence attributable to the Allottee(s)or the Owner’s Association. 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 being in forceof handing over the possession of the Unit but the maintenance thereof shall be the responsibility of the Allottee. Provided thatThe 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 for any defect or deficiency occasioned on account rectification of any act defects resulting from improper or omission on the part lack of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defecttimely maintenance.
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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. 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 Promoters as per this the Apartment Buyer’s Agreement relating to such development, is brought to the notice of the Promoter by the Allottee Promoters within a period of five 5 (5five) years by the Buyer from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible Promoters to rectify such defects without further charge, within 30 (thirty) days thirty days, and in the event of the Promoter’s Promoters’ failure to rectify such defects within such time, the aggrieved Allottee Buyer shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided thatHowever, the Promoter Promoters shall not be liable for any defect or deficiency occasioned on account rectification of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 If (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 are changes, modifications or alterations in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee taking is a fundamental difference between hand over possession of the Apartmentbuilding/ 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 Promoter will not take any responsibility of waterproofing, cracks or for any defects in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 If there are changes, modifications or alterations in electrical lines and wirings after handing over possession continued maintenance of the 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 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;
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 systems handed over would not be the responsibility of the Promoter;
8.2.5 Different materials have different coefficient Promoters, and the Promoters shall not be liable for rectification 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 columnsany defects therein. 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore contained, it is hereby expressly agreed and understood Provided further 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 the purported any such structural defect or any other defect in workmanship, quality or provision of services by the ApartmentPromoters at the Real Estate Project, alters reasonably and in the state and condition of ordinary course requires additional time beyond the area of the purported defectsaid 30 (thirty) days, then the Promoter shall be relieved entitled to the same, provided an intimation thereof has been provided to the Buyer prior to expiry of its obligations contained 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 appropriate compensation in Clause 8.1 hereinabovethe manner as provided under the Act and/or otherwise under the Applicable Laws.
Appears in 1 contract
Samples: Conveyance Deed
DEFECT LIABILITY. 8.1 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 this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects through the structural engineer without further charge, within 30 (thirty) days days, and in the event of the PromoterXxxxxxxx’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, that the Promoter shall not be liable for to compensate if the defect is attributable to any defect acts or deficiency occasioned on account of any act omissions or omission on the part commissions of the Allottee (or any authority person appointed by him or third party over whom the Promoter has no control acting under him or under his instructions) or arising due to any defect normal wear and tear or deficiency which is due to reasons not attributable to the Promoter. Provided further that, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 14.2 Notwithstanding anything hereinbefore contained, 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 the 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 Clause 8.1 hereinaboveits 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. After expiry of the insurance, the Association of Allottees shall be responsible for renewing the same.
14.4 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 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 ends before the defect liability period and such warranties are covered under the maintenance of the Apartment/Phase /Complex and if the annual maintenance contracts are not done /renewed by the allottees, the Promoter shall not be responsible for any defects occurring due to the same. The Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the vendors/manufacturers that all equipments, 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 areas/common parts and facilities wherever applicable. The Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of 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 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 of the Apartment/Phase /Complex and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 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 If within a period as per this Agreement relating law within a period of one year(s) from the date of obtaining/ handing over the Flat/Unit to such developmentthe Purchaser/s, is brought the Purchaser/s brings to the notice of the Promoter Promoter/Owner any defect in the said Flat/Unit and building in which the said Flat/Unit is situated or the material used therein in the construction of the said building, then, wherever possible such defects will be rectified by the Allottee within a period of five (5) years from the date of handing over possession of the Apartment, the Promoter shall be responsible Promoter/Owner at their own cost and in case it is not possible to rectify such defects without further chargedefects, within 30 (thirty) days and in then the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Purchaser/s shall be entitled to receive appropriate compensation from the Promoter/Owner reasonable charges not more than Rs. 50,000/ (Rs. Fifty Thousand Only) for repairs of the same by the third party for such defect. The word defect here means only the manufacturing defects caused on account of willful neglect on part of the Promoter/Owner and shall not mean defects caused by normal wear and tear, negligent use of Flat/Unit by the Purchaser/s, vagaries of nature etc. Provided that it is agreed that the described liability period under the Act shall be deemed to have commenced from the date of Completion Certificate of the Flat/Unit or from the date on which the Promoter/Owner has given the necessary intimation for possession, whichever is earlier. Provided further, it is agreed that the Purchaser/s shall not carry out any alterations of whatsoever nature in the manner as provided under Applicable Laws said Flat/Unit or in the fittings therein, in particular it is hereby agreed that the Purchaser/s shall not make any alterations in any of the RCC structure, fittings, pipes, water supply connections or any other erection in the bathroom, kitchen, toilet, WC, terrace, etc. If any of such works are carried out or any heavy load are stored in the said Flat/Unit, terrace etc., any liability including the defect liability automatically shall become void & the Purchaser/s alone shall be responsible for it. Further the time being in forcePurchaser/s will / shall be liable for paying damages, if any, to the Purchasers/Owner/User of flat/unit below or any affected flat/unit. Provided thatIf due to the Purchaser/s or any other Purchaser/s act or negligence, the Promoter Purchaser/s Flat/Unit is damaged, the repairs shall be carried out by the party responsible for such an act and the Promoter/Owner shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defectsame.
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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Agreement to Sale
DEFECT LIABILITY. 8.1 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 this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee Promoter/Developer within a period of five 5 (5five) years by the Allottee/Purchaser from the date of handing over possession obtaining completion certificate and Notice of possession, it shall be the duty of the Apartment, the Promoter shall be responsible Promoter/Developer to rectify such defects through the structural engineer without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottee/Purchaser shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to that the Promoter. Provided further that, the 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 a structural defect.
8.2 The Promoter /Developer shall not be liable to rectify compensate if the defect is attributable to any defect occurring under the following circumstances:
8.2.1 If there are changes, modifications acts or alterations in plumbing pipes and fittings and fixtures omissions or change of wall or floor tiles after the Allottee taking over possession commissions of the Apartment, the Promoter will not take Allottee/Purchaser (or any responsibility of waterproofing, cracks person appointed by him or for any defects in plumbing pipes and fittings and fixtures that have developed directly acting under him or indirectly under his instructions) or arising due to such changes;
8.2.2 If there are changes, modifications or alterations in electrical lines any normal wear and wirings after handing over possession of the 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect tear or due to poor workmanship or poor quality.
8.3 reasons not solely attributable to the Promoter/Developer. Notwithstanding anything hereinbefore contained, herein contained it is hereby expressly agreed and understood that in case the Allottee/Purchaser, without first notifying the Promoter Promoter/Developer and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of the purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter Promoter/Developer shall be relieved of its obligations as contained herein.
17.2 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. 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/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 Clause 8.1 hereinabovethe 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/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 said Apartment/building and if the annual maintenance contracts are not done /renewed by the Allottees/Purchasers, the Promoter/Developer shall not be responsible for any defects occurring due to the same. The Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Vendors/Manufacturers that all equipments, 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 Allottee/Purchaser has been made aware and the Allottee/Purchaser expressly agrees that the regular wear and tear of 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 expressly agreed that before any liability of defect is claimed by or on behalf of Allottee/Purchaser 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 of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 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 Vendors/Promoter as per this Agreement the agreement for sale relating to such development, construction is brought to the notice of the Vendors/Promoter by the Allottee within a period of five 5 (5five) years by the Allottee/Purchaser from the date of handing over possession obtaining completion certificate and Notice of possession, it shall be the duty of the Apartment, the Vendors/Promoter shall be responsible to rectify such defects through the structural engineer without further charge, within 30 (thirty) days days, and in the event of the Vendors/Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottee/Purchaser shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, that the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 The Vendors/Promoter shall not be liable to rectify compensate if the defect is attributable to any defect occurring under the following circumstances:
8.2.1 If there are changes, modifications acts or alterations in plumbing pipes and fittings and fixtures omissions or change of wall or floor tiles after the Allottee taking over possession commissions of the Apartment, the Promoter will not take Allottee/Purchaser (or any responsibility of waterproofing, cracks person appointed by him or for any defects in plumbing pipes and fittings and fixtures that have developed directly acting under him or indirectly under his instructions) or arising due to such changes;
8.2.2 If there are changes, modifications or alterations in electrical lines any normal wear and wirings after handing over possession of the 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect tear or due to poor workmanship or poor quality.
8.3 reasons not solely attributable to the Vendors/Promoter. Notwithstanding anything hereinbefore contained, herein contained it is hereby expressly agreed and understood that in case the Allottee/Purchaser, without first notifying the Vendors/Promoter and without giving the Vendors/Promoter the reasonable opportunity to inspect, assess and determine the nature of the purported defect in the Apartment/Unit, alters the state and condition of the area of the purported defect, then the Vendors/Promoter shall be relieved of its obligations as contained herein.
12.2 It is clarified that the above said responsibility of the Vendors/Promoter 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. 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/Purchaser of their respective Apartments/Units 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 Vendors/Promoter should not be held as liable as default on its part under this clause.
12.3 Notwithstanding anything contained in Clause 8.1 hereinabovethe above clause the following exclusions are made
a. Equipment (lifts, generator, motors, transformers etc.) which carry manufacturer’s guarantees for a limited period. Thereafter the association/Maintenance Agency shall take annual maintenance contract with the suppliers. The Vendors/Promoter shall transfer manufacturers guarantees/ warrantees to the 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.
12.4 Provided that where the manufacturer warranty as shown by the Vendors/Promoter to the Allottee/Purchaser ends before the defect 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 Allottees/Purchasers, the Vendors/Promoter shall not be responsible for any defects occurring due to the same. The Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Vendors/Manufacturers that all equipments, 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 amenities wherever applicable. The Allottee/Purchaser has been made aware and the Allottee/Purchaser expressly agrees that the regular wear and tear of the Apartment /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 expressly agreed that before any liability of defect is claimed by or on behalf of Allottee/Purchaser 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 of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
Appears in 1 contract
Samples: Not Specified
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, save those as mentioned in clause 15.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 15.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations 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 Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 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;
8.2.4 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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or his / her agents in the manner in which same is required to be maintained;.
8.2.7 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; and/or.
8.2.8 viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 . 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 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 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. Notwithstanding anything hereinbefore contained, 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 the 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 8.1 clause 15 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 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 (as defined under Rule 2(u) of the Promoter as per this Agreement relating to such development, Rules) is brought to the notice of the Promoter by the Allottee within a period of five (505) years by the Allottee from the date of handing over possession of the Apartment, it shall be the duty of the Promoter shall be responsible to rectify undertake the rectification of such defects without further charge, within 30 ninety (thirty90) days days, and in the event of the Promoter’s failure to rectify such defects within such timedefects, the aggrieved Allottee allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws reasonable cost for the time being in forcerectification of such defect. Provided that, the Promoter shall not be liable for any structural / architectural defect induced by the allottee(s), by means of carrying out structural or deficiency occasioned on account architectural changes from the original plans/layouts/specifications/designs. The Allottee is aware that any changes, alterations including breaking of walls or any structural members or the construction of any act new wall or omission on structural member may adversely impact the Building at various places or in its entirety and hence any changes or alterations as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to all the allottees of the said Building, including the Allottee herein, to rectify any defect(s) or compensate for the same as mentioned in this clause and the Allottee/ association of allottees shall have no claims of whatsoever nature against the Promoter in this regard. The Allottee has been informed and has agreed that the Promoter will procure, if available, insurance towards workmanship, quality and services provided as per the Agreement, for the Project for upto 05 years and the cost towards the same shall be recovered from the Initial Working Capital Deposit and/or from the Hotel Business as such costs are part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to Hotel Expenses.
12.2 However, the Promoter. Provided further that, the 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 a structural defect.
8.2 The Promoter shall not be liable ’s liability to rectify any defect occurring under the defects would be rendered void in the following circumstances:
8.2.1 12.2.1 If there are changesany defect is caused due to an event of Force Majeure & Other Conditions, modifications or alterations not in plumbing pipes and fittings and fixtures or change the Promoters control.
12.2.2 Subject to the relevant provisions of wall or floor tiles after this Agreement, failure of the Allottee taking over possession or the association of allottees to maintain the sophisticated technological equipment, materials and processes involved in the services laid out and implemented in the Project, and failure to undertake maintenance and upkeep of such services, equipment and systems through appropriately qualified agencies having the technical ability and know-how;
12.2.3 Subject to the relevant provisions of this Agreement, where such defect is occasioned on account of unauthorized tampering, mishandling, human error or any human intervention whatsoever by a technically unqualified person;
12.2.4 If the defects are the result of ordinary wear and tear in due course;
12.2.5 Defects which are result of failure by the Government to provide its obligated services, infrastructure, etc., upto and outside the periphery of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or for Project;
12.3 PROVIDED THAT any defects in plumbing pipes the following items shall not constitute a defect for the purpose of this Agreement and fittings shall not result in any liability on the Promoter for rectification:
(i) Items that are not falling under building construction or infrastructure services and fixtures that have developed directly or indirectly due to such changes;
8.2.2 If there are changessystems including all fittings, modifications or alterations in electrical lines and wirings after fixtures, apartment level equipment whatsoever, which shall be made functional at the time of handing over possession of but the Apartment unto the Allottee, the Promoter will not take any responsibility for any defects in electrical lines and wirings that have developed directly maintenance thereof through appropriate maintenance contracts 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 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;
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 otherwise shall be the responsibility of the Promoter;individual serviced apartment owner alone.
8.2.5 Different materials have different coefficient (ii) Intrinsically breakable or degradable items like PVC/ linoleum floors, interior millwork, finishes, doors, cabinets etc. items made of expansion particle board/ MDF/ plywood, wood, etc., OB, tiles, stone, wooden items, glass, iron grills, steel panels, aluminium items, façade, doors, hinges, locks, door & other handles, accessories used in doors, windows, façade, modular kitchen, windows, laminated floor, paint and contraction such like. PROVIDED FURTHER THAT the concrete slabs/ beams may deflect due to self-weight, imposed load, creep and/or shrinkage phenomena (the inherent properties of concrete), non-structure walls can expand and contract due to change in temperature, for years after construction, surface cracks may appear on plastered and painted surfaces due to temperature and humidity difference between inside and outside conditions in normal course. The Allottee may come across cracks in finishes, flooring, ceiling, slab gypsum or on the plaster etc. as a result of such because of this slab/ beam deflection, difference there are chances of cracks developing on joints of brick walls between inside and RCC beams outside conditions, and columnsalso caused due to any renovation and/or alteration etc. Any such cracks are normal carried out by the Allottee and any other allottees in high rise buildings the Project/ Total Project. The Allottee agrees and need covenants not to be repaired from time to time. Any cracks developed for reasons other than as mentioned above hold the Promoter shall get liable and/or responsible or raise any claim(s) for any such defects arising out of inherent properties of concrete and/or caused due to any renovations and/or alterations etc. carried out by the same rectified Allottee and any other allottees/ occupants of the Total Project (including the Project). PROVIDED FURTHER THAT the Allottee understands that there is a fundamental difference between hand over of the building/ constructions or infrastructure services and systems in working conditions free from defects and maintenance of handed over building/ constructions or infrastructure services and systems so as to maintain their functioning which by its nature is a lifelong process. Accordingly, the continued maintenance of the systems handed over would by definition not fall in the category of a defect and hence would not constitute a defect liability on the Promoter. However, the Promoter may, at its own cost;
8.2.6 If discretion or if required under any applicable statute, take out adequate maintenance contracts, for such period as may be deemed necessary by it, at the materials and fittings and fixtures provided cost of the Allottee/association of allottees recoverable by the Promoter from the Initial Working Capital Deposit and/or from the Hotel Business as such costs are not being maintained by the Allottee or 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 part of the Promoter and not amounting Hotel Expenses, with regard to poor workmanship all or manufacture thereof; and/orany of the following:
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality(a) Systems like plumbing, electricity, firefighting, security, audio/video, IT, façade, etc.
8.3 Notwithstanding anything hereinbefore contained(b) Common equipment like diesel generators, it is hereby expressly agreed and understood that in case the Allotteeautomatic voltage regulator, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspectsewerage treatment plant, assess and determine the nature of the purported defect in the Apartmentwater treatment plant, alters the state and condition of the area of the purported defectlifts, then the Promoter shall be relieved of its obligations contained in Clause 8.1 hereinaboveescalators, chillers, air conditioners, VRV/VRF systems, electrical panels, pumps, motors, transformers, BMU, BMS, etc.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5Five) years by the Allottee from the date of handing over possession obtaining Completion Certificate, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that.
b) However, it is clarified that the Defect Liability of the Promoter under the applicable statute for the time being in force shall not be liable for any defect cover defects, damage or deficiency occasioned on account malfunction resulting from the following events:
(i) where the manufacturer warranty as shown by the Promoter to the Allottee ends before the Defect Liability period and such warranties are covered under the maintenance of any act or omission the said flat/shop and if the annual maintenance contracts are not done/renewed by the Allottee;
(ii) regular wear and tear of the flat/shop excludes minor hairline cracks on the part external and internal walls excluding the RCC structure which happens due to variation in temperature of the Allottee more than 20*C and which do not amount to structural defects and bad workmanship or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.;
8.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 (iii) If there are changes, modifications or alterations alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee taking over possession of the Apartmentfalt/shop, the Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 (iv) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 (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;
8.2.4 (vi) If the Allottee Purchaser after taking actual physical possession of the Apartmentflat/shop, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment flat/shop by making any changes in the Apartmentflat/shop, then any defects 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 the responsibility of entertained by 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 (viii) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or his / 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Deed of Conveyance
DEFECT LIABILITY. 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 this the Agreement relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession issuance of the Apartment, occupancy/completion certificate by the Rajpur-Sonarpur Municipality 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 responsible the duty of the Promoter to proceed to rectify such defects without further charge, charge within 30 (thirty) days and in the event of the Promoter’s 's failure to proceed to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, that the Promoter shall not be liable for to compensate if the defect is attributable to any defect acts or deficiency occasioned on account of any act omissions or omission on the part commissions of the Allottee (or any authority person appointed by him or third party over whom acting under him or under his instructions) or arising due to any normal wear and tear or not using the Promoter has no control Allotted Apartment or any defect or deficiency which is due to reasons not solely attributable to the PromoterPromoter or if the related annual maintenance contracts and the licenses are not validly maintained by the Maintenance- in-Charge. Provided further that, Further that it is declared by the Promoter shall not be liable for and the Allottee hereby acknowledges that any manufacturing or other defects of defect in any branded inputs or fixtures or services of any a third party; and/or any equipments (including but not limited to generators, unless it results in motors, sewage treatment plants, transformers and gym equipment) which carry manufacturer’s guarantees for a structural defect.
8.2 The Promoter 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 liable to rectify any defect occurring covered 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 columnsclause. 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore 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 the 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 hereinabove in Clause 8.1 hereinabovethis clause.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 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 this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the 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 time being in force. Provided thatAct.
12.2 That after the Said Villa is handed over to the Allottee and/or the maintenance of the Schedule A is handed over to the Association of allottees , the Promoter shall not be liable responsible for any consequence or defect or deficiency occasioned liability on account of any act change implemented in the Said Villa (including changes to the structural walls, flooring, any additional construction implemented in the duct areas) or omission on the any part of the said Unit/ Villa by the Allottee or for any authority failure, negligence in implementing the interior decoration of the Said Unit / Villa, act or third party over whom omission, obstruction, alteration, modification, restraint or improper use by the Allottee of any of the internal fixtures and fitting within the Said 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 has no control towards the Said Villa will automatically and forthwith lapse.
12.3 If the Allottee brings to the notice of the Promoter any structural defect in the Said Villa within a period stipulated under the relevant Laws from the date of handing over of the Said 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 deficiency defects on account of workmanship, quality or provision of service or natural change due to the onslaught of natural elements, which is cannot be attributable to the Promoter or beyond the control of the Promoter. Provided further thatAfter 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 liable responsible for any manufacturing or other defects the cost of any branded inputs or fixtures or services of any third party, unless it results in a structural defect.
8.2 The Promoter re-instating and/or repairing such damage caused by the Allottee and the Allottee alone 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 reinstate the same rectified at its his/her/its/their own cost;
8.2.6 If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor qualitycosts.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 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 promoter as per this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession obtaining completion certificate and Notice of possession, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects through the structural engineer without further charge, within 30 (thirty) days days, and in the event of the PromoterXxxxxxxx’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, that the Promoter shall not be liable for to compensate if the defect is attributable to any defect acts or deficiency occasioned on account of any act omissions or omission on the part commissions of the Allottee (or any authority person appointed by him or third party over whom the Promoter has no control acting under him or under his instructions) or arising due to any defect normal wear and tear or deficiency which is due to reasons not solely attributable to the Promoter. Provided further that, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore contained, 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 the 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 8.1 clause 15 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 Allottees as the case may be.
Appears in 1 contract
Samples: Buyers Agreement
DEFECT LIABILITY. 8.1 It is agreed that The Promoter/Developer shall rectify all reasonable construction related defects in case any structural defect or any other defect in workmanshipthe Apartment, quality or provision of services or any other obligations of the Promoter as per this Agreement relating to such developmentif any, is brought to the notice of the Promoter by the Allottee Promoter/Developer, at its own cost and effort, within a period of five (5) years calendar year from the date of handing over possession of completion certificate, issued by the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceKMC. Provided that, It is clarified that the Promoter shall not be liable for any defect such defects if the same have been caused by reason of the default and/or negligence of the Buyer and/or any other buyers in the Real Estate Project or deficiency occasioned acts of third party(ies) or on account of any act force majeure events including on account of any repairs / redecoration / any other work undertaken by the Buyer and/or any other buyer/person in the Real Estate Project and/or the Project Property. The Buyer is/are aware that the Said Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or omission on any structural members or the part construction of any new wall or structural member may adversely impact the Said 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 Allottee or Promoter’s obligation to rectify any authority or third party over whom defect(s) as mentioned in this Clause and the Buyer and/or the association of buyers shall have no claim(s) of whatsoever nature against the Promoter has no control in this regard. It is clarified that the above said responsibility of the Promoter/Developer shall not cover defects, damage, or any defect malfunction resulting from (a) misuse (b) unauthorised modifications or deficiency which is not attributable repairs done by the Buyer or his/her/their/its nominee/agent (c) cases of force majeure (d) failure to maintain the amenities/equipments (e) accident and (f) 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. Provided that where the manufacturer warranty as shown by the Promoter/Developer to the Promoter. Provided further thatBuyer ends before the defect liability period and such warranties are covered under the maintenance of the said residential complex and if the annual maintenance contracts are not done/renewed by the Buyer, the 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 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 responsible for any defects in plumbing pipes occurring due to the same. 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 fixtures that have developed directly or indirectly due covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to such changes;
8.2.2 If there are changes, modifications or alterations continue warranty in electrical lines both the office unit and wirings after handing over possession of the 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 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;
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 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 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 wherever applicable. The Buyer has been made aware and the Buyer expressly agrees that the regular wear and tear of the commercial 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 200 Centigrade 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 Buyer it shall be necessary to appoint an expert/surveyor to be nominated by the Architect of the said project, who shall survey and assess the same and then submit a report to state the defects in material used in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control structure of the Promoter office unit and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinaboveworkmanship executed.
Appears in 1 contract
Samples: Indenture of Conveyance
DEFECT LIABILITY. 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 this Agreement relating to such development, is brought to the notice of the Promoter by the Allottee A. If within a period of five (5) years from the date of handing over the Flat to the Purchaser/s, the Purchaser/s brings to the notice of the Vendor any structural defect in the Flat or the building in which the Flat are situated or any defects on account of workmanship, quality or provision of service, such defects shall be rectified by the Vendor at his own cost within reasonable time thereof natural wear and tear notwithstanding. Whereas any kind of claim for defective workmanship shall have to be authentic in nature.
B. Whereas defect liability for the period of 5 years from the date of receiving possession of the Apartmentsaid flat is limited only to Structural Work, Waterproofing work, Brickwork and Plaster work and the Promoter same shall be responsible to rectify such defects without further charge, within 30 (thirty) days and in rectified by the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 Vendor at its own cost;
8.2.6 If . However the materials rectification cost in respect of cracks emerged due to Climatic Changes and fittings variations in temperatures shall be borne by the Purchaser/s herein. The Purchaser/s shall not ask for any compensation in respect of expenses borne by him/her/them regarding the cracks emerged due to Climatic Change and fixtures variations in temperatures. The services provided by the Promoter Vendor such as lift, pumps, C.P. Fittings, Hardware Fittings, Sliding Windows, French Door, Electrical Fittings, Garbage chutes, water pumps, water Purifier, LED Lights, Battery Inverter, Video Door Phones, Fans, False Ceiling etc. will have the guarantee and warranty as per the terms and conditions of the respective manufacturers/agencies which is/are not being maintained by providing such services to the Allottee or his / her agents in Vendors. Whereas 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 Granite Stone Frames for toilets doors, dry terrace doors, windows, kitchen Otta etc. provided by the Promoter Vendors herein may have shade variation and the Vendor herein shall not be responsible for the same and as well as for Paint as it may fade in the Common Areas and/or in the Apartment going out due course 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; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore containedtime. Whereas, it is specifically understood by the Purchaser/s that certain facilities such as are provided free of charge by the Vendor to the Flat Purchaser/s, wherein any defect with respect to such facilities shall not be rectified by the Vendor and hence Vendor is not in any way responsible for damage of the same.
C. Disclosure regarding manufacturer’s warranty; The Vendor specifically discloses that, the manufacturers of certain appliances, equipments, standard fittings, machineries including generator set for backup, STP, electric pumps, waste management plants, lifts, Gas line if any, security equipments if any, electronic equipments if any, Solar System if any, Gym equipments if any, Garbage Chute, etc will be as per the warranty provided by the respective manufacturer / Supplier. The only warranty on those items is of the manufacturer’s warranty and the Vendor is in no way responsible for their performance or for any condition beyond the manufacturer’s warranty.
D. The Vendor herein by spending huge amount providing high quality specifications in the Said Flat and for the buildings which are under construction on the Said Land which Vendor herein are constructing, hence Purchaser/s / unauthorised persons/ any agency shall not disturb the same under any circumstances concealed plumbing, concealed wiring etc. and considering this aspect and have the safety measures Purchaser/ss are advised not to open this instrument or to try any changes with all these amenities otherwise guarantee / warranty may lapse as well as durability and stability of the building as to the R.C.C. frame work, concealed wiring load, neither Purchaser/s nor occupier of the Said Flat or any person on behalf of them is entitled to chisel such internal walls in any manner or remove the walls or any part thereof or erect any additional wall or any structural changes or in any manner increase the electrical load in the Said Flat because wires will not take additional load and such act will be amount to be breach of condition of this transaction. Similarly after completion of the project and conveyance in the name of society, such society will have absolute authority to expel the member for the Said Flat and dispose of such Flat in market and refund the amount paid by the Purchaser/s to the Vendor herein being consideration of the Said Flat. This condition is the essence of contract and Purchaser/s herein undertakes to abide the same.
E. The word defect herein above stated shall mean only the manufacturing defects caused on account of willful neglect of the Vendor themselves and shall not mean defects caused by normal wear and tear, negligent use of the said Flat or the building/s by the Purchaser/s, abnormal fluctuations in the temperatures, abnormal heavy rains, damages from natural calamity etc. Provided further that the Purchaser/s shall not carry out alterations of whatsoever nature in the said Flat or in the fittings therein, in particular. It is hereby agreed that the Purchaser/s shall not make any alterations in any of the fittings, pipes, water supply connections or any of the erection (including Flooring / Dado) in the Toilets/ Kitchen as this may result in seepage of the water. If any of such work is carried out without the written consent of the Vendor, the defect liability shall become void.
F. It is expressly agreed and understood that in case before any liability of defect is claimed by or on behalf of the AllotteePurchaser/s, without first notifying the Promoter and without giving the Promoter the reasonable opportunity such defect shall have to inspect, assess and be certified by a Registered Consulting Engineer / Professional competent to determine the nature problem and then shall submit a report to state the defects in materials used, in the structure built of the purported defect Flat/phase/wing and in the Apartment, alters workmanship executed keeping in mind the state and condition aforesaid agreed clauses of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in Clause 8.1 hereinabovethis agreement.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee(s) from the date of handing over possession possession, save those as mentioned in clause 13.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 13.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee Allottee(s) taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the AllotteeAllottee(s), the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 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;
8.2.4 iv) If the Allottee 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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee Allottee(s) or his / her agents in the manner in which same is required to be maintained;.
8.2.7 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; and/or.
8.2.8 viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore contained, it is hereby expressly agreed and understood that in case the Allottee, without first notifying 13.3 The liability of the Promoter and without giving 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 reasonable opportunity same has not been caused and/or occasioned directly and/or indirectly, by/due to inspectany act of commission and/or omission of any act, assess and determine deed or thing of/by the nature Allottee(s) and/or of/by the men, servants, contractors, agents personnel etc. of the purported defect 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 the Apartment, alters the state and condition of the area of the 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, then the Promoter said dispute shall, notwithstanding anything to the contrary contained in this Agreement, be referred to the Architect, whose decision in respect thereof shall be relieved of its obligations contained in Clause 8.1 hereinabovefinal and binding.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 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 this Agreement relating to such development, is brought to the notice of the Promoter by the Allottee (a) If within a period of five (5) years from the date of handing over possession the Apartment to the Allottee/s, the Allottee/s brings to the notice of the ApartmentPromoter any structural defect in the Apartment or the building in which the Apartment are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter shall be responsible at his own cost and in case it is not possible to rectify such defects without further chargedefects, within 30 (thirty) days and in then the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate from the Promoter, compensation for such defect in the manner as provided under Applicable Laws for the time being in forceAct. Provided thatthat the warranty given above shall be valid only if –
i) The Allottee/s don’t/ doesn’t not 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 Promoter 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 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 be liable for any defect covered under the warranty above.
v) Further the defects and damages arising out of the unauthorized works by Allottee/s or deficiency occasioned 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 any act or omission wilful neglect on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the Promoter and shall not be liable for any manufacturing or other defects mean defect/s caused by normal wear and tear and by negligent use of any branded inputs or fixtures or services apartment by the Occupants, vagaries of any third party, unless it results in a structural defectnature etc.
8.2 The Promoter vii) That it 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 the responsibility of the Promoter;allottee/s to maintain his unit in a proper manner and 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.
8.2.5 Different materials have different coefficient viii) Further where the manufacturer warranty as shown by the developer to the allottee/s ends before the defects liability period and such warranties are covered under the maintenance of expansion the said unit/building/phase/ wing, and contraction if the annual maintenance contracts are not renewed by the allottee/s the promoter shall not be responsible for any defects occurring due to the same.
ix) That 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’s, fixtures and fittings shall be maintained and covered by maintenance/warranty contracts so 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 it to be repaired from time sustainable and in proper working condition to time. Any continue warranty in both the Apartments and the 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 developed for reasons other than as mentioned above on the Promoter shall get external and internal walls excluding 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 his / her agents in the manner in RCC structure 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 happens due to voltage fluctuations or other reasons variation in temperature of more than 20 degree *C and which do not under the control of the Promoter amount to structural defects and hence cannot amounting be attributed to poor either bad workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor qualitystructural defect.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee(s) from the date of handing over possession possession, save those as mentioned in clause 12.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time 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.Xx 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. 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 thatthat where the manufacturer warranty as shown by the Promoter to the Allottee ends before the defect 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 allottees, the Promoter shall not be liable responsible for any defect or deficiency occasioned on account of any act or omission defects occurring due to the same. The Project as a whole has been conceived, designed and constructed based on the part commitments and warranties given by the Vendors/Manufacturers that all equipments, 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 Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of the Allottee or any authority or third party over whom Unit/Building/phase/wing excludes minor hairline cracks on the Promoter has no control or any defect or deficiency external and internal walls excluding the RCC structure which is happens due to variation in temperature of more than 20* C and which do not attributable amount to the Promoter. Provided further that, the Promoter shall structural defects and hence cannot be liable for any manufacturing attributed to either bad workmanship or other defects of any branded inputs or fixtures or services of any third party, unless it results in a 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 Unit /phase/wing and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
8.2 12.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee Allottee(s) taking over possession of the Apartment, the Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the AllotteeAllottee(s), the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 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;
8.2.4 iv) If the Allottee 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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 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 Towers and need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee Allottee(s) or his / her her/their agents in the manner in which same is required to be maintained;.
8.2.7 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; and/or.
8.2.8 viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 . 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 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 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 hereinbefore contained, herein contained it is hereby expressly agreed and understood that in case the AllotteeAllottee(s), without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of the 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 8.1 clause 12 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 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 Owner as per this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee Owner within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, save those as mentioned in clause 15.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible Owner to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s Owner‘s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 15.2 The Promoter Owner shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations 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 Promoter Owner will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter Owner will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter Owner 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;
8.2.4 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 defects 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 responsibility of the PromoterOwner;
8.2.5 Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks 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 columns. Any contraction, any such cracks are being normal in high rise buildings and need to be repaired by Allottee or Association from time to time. Any , as the case may be, Provided However that any cracks developed which develop for reasons other than as mentioned above above, the Promoter Owner shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter Owner are not being maintained or used by the Allottee or his / her agents in the manner in which same is required to be maintained;maintained or used.
8.2.7 vii) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter Owner in the Common Areas and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations fluctuation or other reasons not under the control of the Promoter Owner and not amounting to poor workmanship or manufacture thereof; and/or.
8.2.8 viii) If the Architect Project Architect(s) certifies that such the defects complained of are not manufacturing defect or due to poor workmanship or poor quality.
8.3 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, contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter Owner and without giving the Promoter Owner the reasonable opportunity to inspect, assess and determine the nature of the purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter Owner shall be relieved of its obligations contained in Clause 8.1 clause 15 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 It 13.1 Once, the said Apartment is agreed that in case any structural defect or any other defect in workmanshipready for use and occupation, quality or provision of services or any other obligations the Promoter shall send a written intimation/notice to the Allottee, about the same. Thereafter, the Allottee shall be bound to take the possession of the Promoter as per this Agreement relating to such development, is brought to the notice said Apartment within 15 days from receipt of the Promoter by the Allottee written intimation/notice. If within a period of five (5) 5 years from the date of handing over possession the said Apartment to the Allottee, the Allottee brings to the notice of the ApartmentPromoter any structural defect in the said Apartment or the building in which the said Apartment is situated or any defects on account of 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 shall be responsible at his own cost and in case it is not possible to rectify such defects without further chargedefects, within 30 (thirty) days and in then the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate from the Promoter, compensation for such defect in the manner as provided under Applicable Laws the Act.
13.2 It is clarified that the defect liability of the Promoter for the time being standard fixtures, fittings in forcethe apartment, machinery including, STP, electric pumps, waste management plants, , security equipment, if any, solar system, if any, etc. Provided thatwill 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 maintenance and upkeep of the aforesaid. If they fail to maintain and upkeep the same, then the Promoter shall not be liable for 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 changes in the building or equipments etc. If any of such works are carried out without the written consent of the Promoter, the defect or deficiency occasioned on account of any act or omission 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 Allottee or any authority or third party over whom Promoter and shall not mean defect/s caused by normal wear and tear, negligent use of the Promoter has no control or any defect or deficiency which is not attributable to said Apartment by the PromoterOccupants, vagaries of nature etc. Provided further thatThe hair cracks appearing in the walls/plaster are possible in normal course of time, the Promoter hence shall not be liable for any construed as manufacturing or other defects of any branded inputs or fixtures or services of any third party, unless it results in a structural defect/workmanship defects.
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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Partnership Agreement
DEFECT LIABILITY. 8.1 It 10.1 The Successful bidder, on whom award is agreed made/Implementing Partner/Consultant warrants that in case any structural defect the Facilities or any other defect part thereof shall be free from defects in workmanshipthe design, quality or provision of services or any other obligations engineering, materials and workmanship of the Promoter as per this Agreement relating to such development, is brought to the notice Plant and Equipment supplied and of the Promoter by the Allottee within a period of five work executed, wherever applicable.
10.2 The Defect Liability Period shall be eighteen (518) years months from the date of handing over possession Completion of the ApartmentFacilities (or any part thereof) or twelve (12) months from the date of Operational Acceptance of the Facilities (or any part thereof), whichever first occurs, unless specified otherwise in the SCC. If during the Defect Liability Period any defect should be found in the design, engineering, materials and workmanship of the Plant and Equipment supplied or of the work executed by the Implementing Partner, the Promoter Implementing Partner shall be responsible to rectify such defects without further chargepromptly, within 30 (thirty) days in consultation and in agreement with the event CESL regarding appropriate remedying of the Promoter’s failure defects, and at its cost, repair, replace or otherwise make good (as the Implementing Partner shall, at its discretion, determine) such defect as well as any damage to rectify the Facilities caused by such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forcedefect. Provided that, the Promoter The Implementing Partner shall not be liable responsible for any defect the repair, replacement or deficiency occasioned on account making good of any act defector of any damage to the Facilities arising out of or omission resulting from any of the following causes: improper operation or maintenance of the Facilities by the CESL operation of the Facilities outside specifications provided in the Contract. Normal wear and tear.
10.3 The CESL shall give the Successful bidder, on whom award is made/Implementing Partner a notice stating the nature of any such defect together with all available evidence thereof, promptly following the discovery thereof. The CESL shall afford all reasonable opportunity for the Implementing Partner to inspect any such defect.
10.4 The CESL shall afford the Implementing Partner all necessary access to the Facilities and the Site to enable the Implementing Partner to perform its obligations. The Implementing Partner may, with the consent of the CESL, remove from the Site any Plant and Equipment or any part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 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 Facilities that 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore 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 defective if the nature of the purported defect, and/or any damage to the Facilities caused by the defect, is such that repairs cannot be expeditiously carried out at the Site.
10.5 If the repair, replacement or making good is of such a character that it may affect the efficiency of the Facilities or any part thereof, the CESL may give to the Implementing Partner a notice requiring that tests of the defective part of the Facilities shall be made by the Implementing Partner immediately upon completion of such remedial work, whereupon the Implementing Partner shall carry out such tests. If such part fails the tests, the Implementing Partner shall carry out further repair, replacement or making good (as the case may be) until that part of the Facilities passes such tests. The tests in character shall in any case be not less than what has already been agreed by the CESL and the Implementing Partner for the original equipment/part of the Facilities.
10.6 If the Implementing Partner fails to commence the work necessary to remedy such defect or any damage to the Facilities caused by such defect within a reasonable time (which shall in no event be considered to be less than fifteen (15) days), the CESL may, following notice to the Implementing Partner, proceed to do such work, and the reasonable costs incurred by the CESL in connection therewith shall be paid to the CESL by the Implementing Partner or may be deducted by the CESL from any monies due to the Implementing Partner or claimed under the Performance Security.
10.7 If the Facilities or any part thereof cannot be used by reason of such defect and/or making good of such defect, the Defect Liability Period of the Facilities or such part, as the case may be, shall be extended by a period equal to the period during which the Facilities or such part cannot be used by the CESL because of any of the aforesaid reasons.Upon correction of the defects in the ApartmentFacilities or any part thereof by repair/ replacement, alters such repair/replacement shall have the state and condition Defect Liability Period extended by a period of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in Clause 8.1 hereinabove.twelve
Appears in 1 contract
Samples: Contract Agreement
DEFECT LIABILITY. 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 this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s Promoter failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defectAct.
8.2 13.1 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 13.1.1. 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 ApartmentSaid Unit, the Promoter will not take any responsibility of waterproofing, cracks or for any defects in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 13.1.2. If there are changes, modifications or alterations in electrical lines and wirings after handing over possession of the Apartment Unit 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 13.1.3. 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;
8.2.4 13.1.4. If the Allottee after taking actual physical possession of the ApartmentUnit, 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 ApartmentUnit, 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 the responsibility of the Promoter;
8.2.5 13.1.5. Different materials have different coefficient of expansion and contraction and as such because of this difference 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee(s) from the date of handing over possession possession, save those as mentioned in clause 12.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 12.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations 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 Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 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;
8.2.4 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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or his / her agents in the manner in which same is required to be maintained;.
8.2.7 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; and/or.
8.2.8 viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 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 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 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 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 hereinbefore contained, 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 the 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 8.1 clause 12 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 It is agreed that in case any 12.1. 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 this Agreement relating to such development, is brought to Architect during the notice of the Promoter by the Allottee within a defect liability period of five which would be 5 (5five) years from the date Possession Date or the Deemed Date of handing over possession Possession, whichever is applicable (“Defect Liability Period”). During such Defect Liability Period, if any major defect is proved to the satisfaction of the ApartmentArchitect, which makes the Apartment uninhabitable, the Promoter shall same will be responsible remedied at no extra cost to rectify such defects without further charge, within 30 (thirty) days and in the event Allottee/s. It is agreed that the decision of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in force. Provided that, Architect of the Promoter shall not will be liable for any defect or deficiency occasioned final and binding on account of any the Allottee/s and the Promoter. All defects that are caused due to force majeure, normal wear and tear, abuse, accident and improper usage/negligence/omission/act or omission commission on the part of the Allottee Allottee/s or any authority or third party over whom their nominee/agent and also due to those 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 has no control or any defect or deficiency which is not attributable to shall neither be liable nor responsible for the Promotersame. Provided further thatFurther, the Promoter shall not be liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party, party unless it results in a structural defectdefects. The Promoter’s defect liability obligation shall be subject to the Allottee/Association of Allottees continuing with all annual maintenance contracts for equipment/material installed/used within the Project Sunshine Two and prompt payment of maintenance charges.
8.2 12.2. The Promoter shall not be liable responsible for any issues (such as difference in shades of 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 Carpet Area due to rectify any plaster thickness and skirting). Moreover, minor tile chipping, minor damages in places where welding has conducted, shall not be considered as defects for the purposes of this section. Xxxxxxxx agrees and acknowledges that defects arising from natural wear and tear/forced/ intentional/accidental damages shall not come within the scope of defect occurring under the following circumstances:
8.2.1 If there are changes, modifications or alterations in plumbing pipes liability and fittings and fixtures or change of wall or floor tiles after the Allottee taking over possession of the Apartment, hence the Promoter will shall not take any responsibility of waterproofingbe responsible for the same. Further, cracks or for Parties agree that any defects in plumbing pipes and fittings and fixtures that have developed directly or indirectly due damages caused to such changes;
8.2.2 If there are changesglass, modifications or alterations in electrical lines and wirings fixtures, sanitary fixtures, ceramic, vitrified, porcelain materials after handing over acceptance of possession of the 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 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;
8.2.4 If by the Allottee after taking actual physical possession shall not come under scope 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 the responsibility of the Promoter;
8.2.5 Different materials have different coefficient of expansion defect liability 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;not be held liable for not curing/ entertaining such claims.
8.2.6 If the materials 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 fittings and fixtures provided by the Promoter are not being maintained by the Allottee or 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 such other fittings and fixtures provided by the Promoter in the Common Areas and/or in the Apartment going out of order or malfunctioning defects caused due to voltage fluctuations or other reasons not under the control of the Promoter normal wear and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor qualitytear, abuse and improper usage.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 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 this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee – I within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible Promoters to rectify such defects through the structural engineer without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, that the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 The Promoter Promoters shall not be liable to rectify compensate if the defect is attributable to any defect occurring under the following circumstances:
8.2.1 If there are changes, modifications acts or alterations in plumbing pipes and fittings and fixtures omissions or change commissions of wall or floor tiles after the Allottee taking over possession of the Apartment, the Promoter will not take (or any responsibility of waterproofing, cracks person appointed by him or for any defects in plumbing pipes and fittings and fixtures that have developed directly acting under him or indirectly under his instructions) or arising due to such changes;
8.2.2 If there are changes, modifications or alterations in electrical lines any normal wear and wirings after handing over possession of the 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect tear or due to poor workmanship or poor qualityreasons not attributable to the Promoters.
8.3 14.2 Notwithstanding anything hereinbefore contained, 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 the purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter Promoters shall be relieved of its their obligations contained herein.
14.3 The Promoters may obtain such insurances, as it may decide in Clause 8.1 hereinaboveits 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. After expiry of the insurance, the Association of Allottees shall be responsible for renewing the same.
14.4 It is 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 ends before the defect liability period and such warranties are covered under the maintenance of the Apartment/Phase /Complex and if the annual maintenance contracts are not done /renewed by the allottees, the Promoter – I shall not be responsible for any defects occurring due to the same. The Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the vendors/manufacturers that all equipments, 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 areas/common parts and facilities wherever applicable. The Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of 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 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 of the Apartment/Phase /Complex and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 12.1. It is agreed that in case any structural defect or any other defect in workmanship, work xxxxxxx,quality or provision of services or any other obligations of the Promoter as per this Agreement the agreement for sale relating to such development, development is brought to tothenoticeofthePromoterwithinaperiodof2(two)yearsbytheAllotteefromthe date of obtaining completion certificate, it shall be the notice duty of the Promoter by the Allottee within a period of five (5) years from the date of handing over possession of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 60 (thirtySixty) days days, and in the event of the Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct.
12.2. Provided thatThe Promoter hereto declare that upon delivery of the possession of the Apartment to the 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 be liable for have any defect liability to maintain internal pipeline or deficiency occasioned on account of internal electric line and shall not have any act liability regarding sweeper. The Promoter shall have the liability to maintain the outside and common pipeline. But if the common pipeline or omission on the part outside pipeline is blocked by any of the Allottee Apartment owners due to throwing of choking substance or any authority or third party over whom hazardous substance by the Promoter has no control or any defect or deficiency which is not attributable respective Apartment owners and in such circumstances the respective Apartment owners shall have to bear the Promoter. Provided further that, cost of the Promoter shall not be liable for any manufacturing or other defects maintenance and the cost of any branded inputs or fixtures or services of any third party, unless it results in a structural defectclearing the choking substance.
8.2 12.3. The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i. It is 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 the 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 allottee/person in the Project.
ii. If there are changes, modifications or alterations alteration in plumbing pipes and and/or fittings and and/or 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 defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 iii. If there are changes, modifications or alterations alteration in electrical lines and wirings and/or wiring's after handing over said possession of the Apartment unto the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings wiring's that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 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;
8.2.4 v. 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 or by making any changes in the Apartment, then any defects 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 the responsibility of entertained by 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 columnsvi. 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 his / her agents in the manner in which same is required to be maintained;
8.2.7 Any vii. Iny electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas 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 Promoter and not amounting to poor workmanship or manufacture thereof; and/or.
8.2.8 viii. If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. 8.1 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 this Agreement relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the Possession Date or Deemed Possession Date or date of handing over possession issuance of Completion Certificate, whichever is earlier, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defectAct.
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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 his / her agents in the manner in which same 14.2 It 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore contained, it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving to the Promoter the reasonable opportunity to inspect, inspect assess and determine the nature of the purported defect in the Apartmentsuch defect, alters the state and condition of the area of the purported such defect, then the Promoter shall be relieved of its obligations contained in Clause 8.1 hereinabove14.1 above and the Allottee shall not be entitled to any cost or compensation in respect thereof.
14.3 It is 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 the 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 Allottee and/or any other Allottee/Person in the Project. The Allottee is/are aware that the 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 same as mentioned in this Clause 14 and the Allottee and/or the Association of Allottees shall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, save those as mentioned in clause 13.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 13.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee taking over possession of the ApartmentUNIT, the Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 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;
8.2.4 iv) If the Allottee after taking actual physical possession of the ApartmentUNIT, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment UNIT by making any changes in the ApartmentUNIT, then any defects 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 the responsibility of entertained by the Promoter;
8.2.5 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 UNITs and need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or his / her agents in the manner in which same is required to be maintained;.
8.2.7 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 UNIT going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof; and/or.
8.2.8 viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 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 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 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 Notwithstanding anything hereinbefore contained, 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 the purported defect in the ApartmentUNIT, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of its obligations contained in Clause 8.1 clause 13 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, save those as mentioned in clause 14.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 14.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 (i) If there are changes, modifications or alterations 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 Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 (ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 (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;
8.2.4 (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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 (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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 (vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or his / her agents in the manner in which same is required to be maintained;.
8.2.7 (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; and/or.
8.2.8 (viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 . Notwithstanding anything hereinbefore contained, 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 the 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 8.1 clause 14 hereinabove.
14.3 The Promoter/maintenance agency/Association of Allottees shall have the right of unrestricted access of all Common Areas, parking spaces for providing necessary maintenance services and the Allottee agrees to permit the Promoter / Association of Allottees and/or maintenance agency to enter into the Apartment or any part thereof, after due notice and during normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect.
Appears in 1 contract
Samples: Partnership Agreement
DEFECT LIABILITY. 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 promoter as per this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession obtaining completion certificate and Notice of possession, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects through the structural engineer without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, that the Promoter shall not be liable for to compensate if the defect is attributable to any defect acts or deficiency occasioned on account of any act omissions or omission on the part commissions of the Allottee (or any authority person appointed by him or third party over whom the Promoter has no control acting under him or under his instructions) or arising due to any defect normal wear and tear or deficiency which is due to reasons not solely attributable to the Promoter. Provided further that, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore contained, 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 the 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 8.1 clause 15 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 maintenance contract with the suppliers. The Promoter shall transfer manufacturers guarantees/warrantees to the allottee or Association of Allottees as the case may be.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. 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 Promoters as per this the Agreement relating to such development, is brought to the notice of the Promoter by the Allottee Promoters within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible Promoters to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s Promoters’ failure to rectify such defects within such time, the aggrieved Allottee allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being Act. The Allottee shall, in forceorder to mitigate any further prejudicial effect, notify the Promoters of such structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoters, in a prompt manner and preferably within 7 (seven) days from the date of occurrence. Provided thatHowever, the Promoter Promoters shall not be liable for any defect or deficiency occasioned on account rectification of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 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(i) if the same has resulted due to any act, modifications omission or alterations in plumbing pipes and fittings and fixtures or change of wall or floor tiles after negligence attributable to the Allottee taking or non-compliance of any Applicable Laws by the Allottee; and
(ii) the defects that are the result of ordinary wear and tear in due course. Provided that the Allottee understands that there is a fundamental difference between hand over possession of the Apartmentbuilding/ 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 Promoter will not take any responsibility of waterproofing, cracks or for any defects in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 If there are changes, modifications or alterations in electrical lines and wirings after handing over possession continued maintenance of the 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 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;
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 systems handed over would not be the responsibility of the Promoter;
8.2.5 Different materials have different coefficient Promoters, and the Promoters shall not be liable for rectification of expansion and contraction and as any defects therein. Provided further that in case rectification of any such because structural defect or any other defect in workmanship, quality or provision 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 services by the Promoter are not being maintained by Promoters at the Real Estate Project, reasonably and in the ordinary course requires additional time beyond the said 30 (thirty) days, then the Promoters shall be entitled to the same, provided an intimation thereof has been provided to the Allottee or his prior to expiry of the said initial 30 (thirty) days. The Allottee hereby agrees to such additional time / her agents extension of time without being entitled to / making any claim to receive appropriate compensation in the manner as provided under the Act and/or otherwise under the Applicable Laws. Further, the Promoters shall not be held responsible for any delay in which completing the rectification if the 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 caused due to voltage fluctuations or any non-cooperation from other reasons not under apartment allottees / owners and the control Association of the Promoter and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor qualityAllottees.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 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 this Agreement relating to such development, is brought to the notice of the Promoter by the Allottee 10.1 If within a period of five 5 (5five) years from the date of handing over possession the said Apartment to the Allottee, the Allottee brings to the notice of the ApartmentPromoter any structural defect in the said Apartment or the Real Estate Project or any defects on account of workmanship, quality or provision of service, then, wherever possible, such defects shall be rectified by the Promoter shall be responsible at its own cost and in case it is not possible to rectify such defects without further chargedefects, within 30 (thirty) days and in then the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate from the Promoter, compensation for such defect in the manner as provided under Applicable Laws for the time being in forceRERA (“Defect Liability”). Provided that, It is further clarified that the Promoter shall not be liable for any defect or deficiency occasioned on account defects caused by reason of the willful default and/or negligence of the Allottee and/or any act or omission on the part of the Allottee or any authority person under the Allottees directions and/or any other allottees in the Real Estate Project. It is further clarified that the Defect Liability shall not cover such damages as are caused due to any Force Majeure Event or third party over whom such items for which the Promoter has no control or manufacturer itself provides any defect or deficiency which is not attributable to warranty/guarantee 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 Project-Vicino.
10.2 Thereafter, the Allottee shall cause the Association of Allottees /Apex Body carry out the necessary repairs, structural audit, fire safety audit at regular intervals as required by the Chief Fire Officer.
10.3 The utility meters such as electric and gas meter will initially be in the Promoter. Provided further that, ’s name and it shall be the 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 Allottee’s obligation to get the same changed to their names 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 records of the Apartment, utility companies. Notwithstanding the Promoter will not take any responsibility of waterproofing, cracks or for any defects meters standing in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 If there are changes, modifications or alterations in electrical lines and wirings after handing over possession the name of the Apartment unto the AllotteePromoter, the Promoter it 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 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;
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 the responsibility of the Promoter;Allottee to make payment of all utility charges from the date the possession of the said Apartment is offered to the Allottee. This clause shall operate as no-objection (NOC) of the Promoter for transfer of the names (i.e. from the Promoter to the Allottee) in the records of the utility companies. However, in case the Allottee requires any specific letter / NOC from the Promoter then the Promoter agrees to provide the same only at the request of the Allottee.
8.2.5 Different materials have different coefficient 10.4 The electricity, communication and utility lines, cables and meters, etc., in respect of expansion the Project-Vicino may be laid down and contraction and installed in common with real estate projects of the Project-Vicino on the said Project Land or otherwise as such because the Promoter deems fit.
10.5 Notwithstanding the other provisions of this difference there are chances Agreement, the Promoter shall be entitled to nominate any one or more persons including itself or any of cracks developing on joints its subsidiaries (“Facility Management Agency”) to manage the operation and maintenance of brick walls and RCC beams and columns. Any such cracks are normal in high rise buildings and need the Real Estate Project / Project–Vicino to be repaired constructed on the said Project Land, common amenities, common areas, facilities and infrastructure on the said Project Land after the completion of the development of the Real Estate Project / said Project Land, i.e. completion of the Project-Vicino, for a period of at least 3 (three) years after the completion of the Project-Vicino. The Promoter shall have the authority and discretion to negotiate with such Facility Management Agency and to enter into and execute formal agreement/s for maintenance and management of infrastructure with it / them. The cost incurred / to be incurred in appointing and operating the Facility Management Agency shall be borne and paid by the allottees and/or occupants of the apartments in the Real Estate Project including the Allottee on a pro rata basis. Such charges may vary and the Allottee agrees that it shall not raise any dispute regarding the appointment of any Facility Management Agency by the Promoter for the said Real Estate Project / Project-Xxxxxx or towards the maintenance charges determined by such agency. The Allottee agrees to abide by any and all terms, conditions, rules and/or regulations that may be imposed by the Promoter and/or the Facility Management Agency including for the smooth working and proper use of the amenities and facilities, including without limitation, payment of the Allottee’s share of the service charges that may become payable, from time to time. Any cracks developed for reasons other than as mentioned above The Allottee is aware that the Promoter shall get is not in the same rectified at its own cost;
8.2.6 If the materials and fittings and fixtures business of providing services proposed to be provided by the Facility Management Agency. The Parties hereto agree that the Promoter are is not being maintained by and shall not be responsible or liable in connection with any defect or the Allottee performance or his / her agents in non-performance or otherwise of 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 services 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; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor qualityFacility Management Agency.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 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 this Agreement relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five (5) years by the Allottee(s) from the date of handing over possession or Deemed Date Of Possession or from the date of occupancy certificate, whichever is earlier, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 thirty (thirty30) days days, and in the event of the Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottee Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 In case any such structural defect or any other defect in workmanship, quality or provision of services reasonably & in the ordinary course requires additional time beyond the said 30 (thirty) days having regard to the nature of the defect, then Promoter shall be entitled to such additional time period, provided, an intimation thereof has been provided to the Allottee, prior to the expiry of the said initial 30 (thirty) days. The Parties shall mutually work upon and agree to a reasonable and justifiable additional time period for rectification of such defects. The Allottee(s)hereby agrees to such additional time / extension of time without being entitled to or making any claim to receive appropriate compensation in the manner provided under the Act and / or otherwise under Applicable Laws Law.
12.3 Promoter shall not be liable for rectification of any defect if the same has resulted due to natural wear and tear, alterations, modifications, renovation, misuse, and deviation from conditions of usage, and any act, omission or negligence attributable to the Allottee(s)or the Owner’s Association. 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.
12.4 The Allottee(s) further agrees and confirms that the Allottee(s) shall not claim from the Promoter replacement / rectification / service for the fixtures & fittings and/or other items / services covered under warranty period, which shall be limited only upto the extent of the warranty covered and also limited only upto the extent of the warranty period issued by the manufacturing company of such fixtures & fittings and/or other items / services and shall become null and void in case of damages caused to any fixtures & fittings and/or other items / services due to mishandling, misuse, mismanagement and/or maltreatment and/or due to lack of proper and timely maintenance of the same on the part of the Allottee(s) or any of its labourer/s and/or worker/s or any third person representing the Allottee(s) and/or the owners asociation. Such damages caused as stated herein mentioned shall not be covered under Defect Liability and the Promoter shall not be liable to replace / rectify / service the same.
12.5 The Allottee(s) confirms and agrees that all fittings, fixtures etc. shall be made functional at the time being in forceof handing over the possession of the Unit and the common areas, facilities and amenities but the maintenance thereof shall be the responsibility of the Allottees and/or owners association. Provided thatThe 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 for any defect or deficiency occasioned on account rectification of any act defects resulting from improper or omission on the part lack of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or indirectly timely maintenance and/or due to such changes;
8.2.2 If there are changesany natural calamity, modifications or alterations in electrical lines and wirings after handing over possession of the 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 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;
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 the responsibility of the Promoter;
8.2.5 Different product / 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 has lived 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor qualitylife.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Residential Sale Agreement
DEFECT LIABILITY. 8.1 (i) It is agreed that in case any structural defect or any other defect in workmanshipxxxxxxx ship, quality or provision of services or any other obligations of the Promoter Vendor/Developer as per this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee Vendor/Developer within a period of five 5 (5five) years by the Allottee(s) from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible Vendor/Developer to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s Vendor's/Developer‟s failure to rectify such defects within such time, the aggrieved Allottee Allotee(s) shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in force. Provided that, Act.
(ii) It is clarified that the Promoter shall not be liable for any defect 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 the Real Estate Project or deficiency occasioned acts of third party(ies) or on account of any act 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), alteration(s) including breaking of walls or omission on any structural members or the part construction of any new wall or structural member may adversely impact the Said Tower/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 Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 The Promoter shall not be liable Promoter‟s obligation to rectify any defect occurring under defect(s) or compensate for the following circumstances:
8.2.1 If there are changes, modifications or alterations same as mentioned in plumbing pipes this Clause and fittings and fixtures or change of wall or floor tiles after the Allottee taking over possession and/or the association of the Apartment, the Promoter will not take any responsibility allottees shall have no claim(s) of waterproofing, cracks or for any defects in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 whatsoever nature against 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; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor qualitythis regard.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 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 this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee promoter within a period of five 5 (5five) years by the Allottee from the date of handing over possession or the date of issue the completion / occupancy certificate, whichever is earlier, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which It is not attributable to the Promoter. Provided further that, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore contained, it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving to the Promoter the reasonable opportunity to inspect, inspect assess and determine the nature of the purported defect in the Apartmentsuch defect, alters the state and condition of the area of the purported such defect, then the Promoter shall be relieved of its obligations contained in Clause 8.1 hereinabovethe para immediately preceding and the Allottee 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 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 Promoter shall not arise if the defect has arisen owing to act or omission of the Allottee or the Association of Allottees and/or any other person or if the related annual maintenance contract and other licenses are not validly maintained by the Allottee/Association of Allottees/Competent Authority. The Allottee has been made aware and expressly agrees that the regular wear and tear of the 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 structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of the Allottee/Association of Allottees, 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 whether there is any structural defect or any other defect in workmanship, quality or provision of services in terms of the aforesaid agreed clauses of this Agreement.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee Developer within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, save those as mentioned in clause 15.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible Developer to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the PromoterDeveloper’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 15.2 The Promoter Developer shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations 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 Promoter Developer will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter Developer will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 iii) If there are changes, modifications or alterations in doors, windows or other related items, then the Promoter 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;
8.2.4 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 defects 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 responsibility of the PromoterDeveloper;
8.2.5 Different materials have different coefficient of expansion and contraction and as such because of this difference there are chances of cracks 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 columns. Any contraction, any such cracks are being normal in high rise buildings and need to be repaired by Allottee or Association from time to time. Any , as the case may be, Provided However that any cracks developed which develop for reasons other than as mentioned above above, the Promoter Developer shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter Developer are not being maintained or used by the Allottee or his / her agents in the manner in which same is required to be maintained;maintained or used.
8.2.7 vii) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter Developer in the Common Areas and/or in the Apartment going out of order or malfunctioning due to voltage fluctuations fluctuation or other reasons not under the control of the Promoter Developer and not amounting to poor workmanship or manufacture thereof; and/or.
8.2.8 viii) If the Architect Project Architect(s) certifies that such the defects complained of are not manufacturing defect or due to poor workmanship or poor quality.
8.3 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, contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter Developer and without giving the Promoter Developer the reasonable opportunity to inspect, assess and determine the nature of the 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 contained in Clause 8.1 clause 15 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 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 promoter as per this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession obtaining completion certificate and Notice of possession, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects through the structural engineer without further charge, within 30 (thirty) days days, and in the event of the PromoterXxxxxxxx’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, that the Promoter shall not be liable for to compensate if the defect is attributable to any defect acts or deficiency occasioned on account of any act omissions or omission on the part commissions of the Allottee (or any authority person appointed by him or third party over whom the Promoter has no control acting under him or under his instructions) or arising due to any defect normal wear and tear or deficiency which is due to reasons not solely attributable to the Promoter. Provided further that, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore contained, 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 the purported defect in the ApartmentRow 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 8.1 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.
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 to the Allottee ends before the defect 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 allottees, the Promoter shall not be responsible for any defects occurring due to the same. The Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Vendors/Manufacturers that all equipments, 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 Row House/Bungalows and the Common project amenities wherever applicable. The Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of 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 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 Unit /phase/wing 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. 8.1 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 this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee Promote r within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days and in the event of the Promoter’s failure to rectify such ch defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided thathowever, that regular maintenance and due care has been taken by Purchaser / Allottee/s own cost to keep the Apartment/Flat/Unit in good conditions and repairs at his own cost from the date of possession. 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.
12.2 That the Purchaser/s/ Allottee/s shall not be liable for carry out any alterations of the whatsoever nature in the said Apartment/Flat/Unit of phase/wing and in specific the struc ture 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 erection or alteration in the bathroom, toilet and kitchen, which may resul t in seepage of the water. If any of such works are carried out without the written consent of the Promoter the defect or deficiency occasioned liability automatically shall become void. The word defect here means only the manufacturing and workmanship defect/s caused on account of any act or omission o f wilful neglect on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the Promoter and shall not be liable for any manufacturing or other defects mean defect/s caused by normal wear and tear and by negligent use of any branded inputs or fixtures or services Apartment/Flat/Unit by the Occupants, vagaries of any third party, unless it results nature etc. Defects 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor qualityincluded herein.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. 8.1 It is agreed that 9.1 If within a period of five years from the date of handing over the possession of the Apartment to the Allottee, the Allottee brings to the notice of the Promoter any Structural Defect in case any structural defect the Apartment or any other defect in defects on account of workmanship, quality or provision of services (excluding wear and tear and misuse), then, wherever possible such defects (unless caused by or any other obligations of attributable to the Allottee) shall be rectified by the Promoter as per this Agreement relating to such development, at his/ her/ its own cost and in case it is brought to the notice of the Promoter by the Allottee within a period of five (5) years from the date of handing over possession of the Apartment, the Promoter shall be responsible not possible to rectify such defects without further chargedefects, within 30 (thirty) days and in then the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate from the Promoter, reasonable compensation in for rectifying such defect based on the manner estimated cost of rectifying such defects as provided under Applicable Laws for determined by the time being in forceArchitect of the Promoter. Provided thatthat the Promoter shall not be liable in respect of any Structural Defect or defects on account of workmanship, quality or provision of service which cannot be attributable to the Promoter or beyond the control of the Promoter. Notwithstanding anything stated in this clause or elsewhere in this Agreement, the Promoter 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 manner for any defect or deficiency occasioned on account of any act or omission on defects in such materials and related works. Further where the part manufacturer warranty as shown by the Promoter to the Allottee ends before the defects liability period and such warranties are covered under the maintenance of the Allottee or any authority or third party over whom said Apartment/ Building, and if the Promoter has no control or any defect or deficiency which is annual maintenance contracts are not attributable to done/ renewed by the Promoter. Provided further thatAllottee/ Maintenance Society, the 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 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 responsible for any defects in plumbing pipes and fittings and fixtures that have developed directly or indirectly occurring due to such changes;the same.
8.2.2 If there are changes9.4 It is expressly agreed that before any liability of defect is claimed by or on behalf of the Allottee, modifications or alterations it shall be necessary to appoint an expert, who shall be a jointly nominated surveyor, who shall survey and access the same and shall then submit a report to state the defects (if any) in electrical lines and wirings after handing over possession materials used, in the structure built of the 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 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;
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 workmanship executed keeping in mind 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 the responsibility of the Promoter;
8.2.5 Different materials have different coefficient of expansion and contraction and as such because aforesaid agreed clauses 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor qualityAgreement.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. 8.1 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 this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee Owners/Promoters within a period of five 5 (5five) years by the Allottees from the date of handing over possession obtaining the completion certificate, it shall be the duty of the Apartment, the Promoter shall be responsible Owners/Promoters to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Owners/Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore contained, herein contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter Owners/Promoters and without giving the Promoter Owners/Promoters the reasonable opportunity to inspect, assess and determine the nature of the purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter Owners/Promoters shall be relieved of its obligations contained in Clause 8.1 clause 12.1 hereinabove.
12.2 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. 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 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 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 ends before the defect 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 allottees, the Owners/Promoters shall not be responsible for any defects occurring due to the same. 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 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 Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of 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 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 Unit /phase/wing and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 10.1 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 this Agreement Deed relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five (5) years by the Allottee(s) from the date of handing over possession receipt of occupation certificate of the ApartmentSaid Project, it shall be the duty of the Promoter shall be responsible to rectify such defects without further charge, within 30 thirty (thirty30) days days, and in the event of the Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottee Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act.
10.2 In case any such structural defect or any other defect in workmanship, quality or provision of services reasonably & in the ordinary course requires additional time beyond the said 30 (thirty) days having regard to the nature of the defect, then Promoter shall be entitled to such additional time period, provided, an intimation thereof has been provided to the Allottee, prior to the expiry of the said initial 30 (thirty) days. The Parties shall mutually work upon and agree to a reasonable and justifiable additional time period for rectification of such defects. The Allottee(s)hereby agrees to such additional time / extension of time without being entitled to or making any claim to receive appropriate compensation in the manner provided under the Act and / or otherwise under Applicable Laws Law.
10.3 Promoter shall not be liable for rectification of any defect if the same has resulted due to natural wear and tear, alterations, misuse, and deviation from conditions of usage, and any act, omission or negligence attributable to the Allottee(s)or the Owner’s Association. 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.
10.4 The Allottee(s) confirms and agrees that all fittings, fixtures etc., has be made functional at the time being in forceof handing over the possession of the Unit but the maintenance thereof shall be the responsibility of the Allottee(s). Provided thatThe 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 for any defect or deficiency occasioned on account rectification of any act defects resulting from improper or omission on the part lack of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defecttimely maintenance.
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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Conveyance Deed
DEFECT LIABILITY. 8.1 It 13.1 Once, the said Apartment is agreed that in case any structural defect or any other defect in workmanshipready for use and occupation, quality or provision of services or any other obligations the Promoter shall send a written intimation/notice to the Allottee, about the same. Thereafter, the Allottee shall be bound to take the possession of the Promoter as per this Agreement relating to such development, is brought to the notice said Apartment within 15 days from receipt of the Promoter by the Allottee written intimation/notice. If within a period of five (5) years from the date of handing over possession the said Apartment to the Allottee, the Allottee brings to the notice of the ApartmentPromoter any structural defect in the said Apartment or the building in which the said Apartment is situated or any defects on account of 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 shall be responsible at his own cost and in case it is not possible to rectify such defects without further chargedefects, within 30 (thirty) days and in then the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate from the Promoter, compensation for such defect in the manner as provided under Applicable Laws the Act.
13.2 It is clarified that the defect liability of the Promoter for the time being standard fixtures, fittings in forcethe apartment, machinery including generator set for backup, STP, electric pumps, waste management plants, lifts, security equipment, if any, solar system, if any, etc. Provided thatwill 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 maintenance and upkeep of the aforesaid. If they fail to maintain and upkeep the same, then the Promoter shall not be liable for 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 changes in the building or equipments etc. If any of such works are carried out without the written consent of the Promoter, the defect or deficiency occasioned on account of any act or omission 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 Allottee or any authority or third party over whom Promoter and shall not mean defect/s caused by normal wear and tear, negligent use of the Promoter has no control or any defect or deficiency which is not attributable to said Apartment by the PromoterOccupants, vagaries of nature etc. Provided further thatThe hair cracks appearing in the walls/plaster are possible in normal course of time, the Promoter hence shall not be liable for any construed as manufacturing or other defects of any branded inputs or fixtures or services of any third party, unless it results in a structural defect/workmanship defects.
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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Partnership Agreement
DEFECT LIABILITY. 8.1 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/Vendors as per this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee Owners/Vendors within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible Owners/Vendors to rectify such defects through the structural engineer without further charge, within 30 (thirty) days days, and in the event of the Promoter’s Owners’/Vendors’ failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, that the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 The Promoter Owners/Vendors shall not be liable to rectify any defect occurring under the following circumstances:compensate if the
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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 12.2 Notwithstanding anything hereinbefore contained, herein contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter Owners/Vendors and without giving the Promoter Owners/Vendors the reasonable opportunity to inspect, assess and determine the nature of the purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter Owners/Vendors shall be relieved of its obligations contained in Clause 8.1 hereinabove.
12.3 It is clarified that the above said responsibility of the Owners/Vendors shall not cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Owners 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, recorded and clarified 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 Owners/Vendors should not be held as liable as default on its part under this clause.
12.4 The Owners/Vendors has agreements with all the contractors and suppliers for five years warranty /Guarantee for defects and Allottee(s) will be required to get the services from them directly for any structural or other defect. The contact details of all of them will be given to the Allottee at the time of possession. Their details will also be available with the Facility Management team/Association. Allottee can get the job done through Facility Management
a. Equipment (lifts, generator, motors, transformers, etc.) which carry manufacturer’s guarantees for a limited period. Thereafter the association/society shall take annual maintenance contract with the suppliers. The Owners/Vendors shall transfer manufacturers 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.
d. The terms of work like painting etc. which are subject to wear and tear.
e. The Owners/Vendors 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.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 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 this Agreement relating to such development, purchased materials and/or items) is brought to the notice of the Promoter by the Allottee Co-owners / Developer within a period of five 5 (5five) years by the Allottee from the date of handing over possession of the Apartmentdeemed possession, the Promoter Co-owners / Developer shall be responsible take steps to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the PromoterCo-owners / Developer’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, However that the Promoter Co-owners / Developer shall not be liable for under any defect or deficiency occasioned on account of circumstances if any act or omission on additions, alterations and/or modifications etc. have been made in the part of the Allottee or Buildings, Common Areas and/or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 Apartment unto Units by the AllotteeAllottees including the Allottee herein and/or if there is any deviation found from the sanctioned Building Plan. It is further made clear that the structural defect, if any, must be certified by a licensed Architect that it is a defect made at the Promoter will time of construction and is not take any responsibility for any defects in electrical lines and wirings that have developed directly or indirectly due to such changeswear and tear and/or due to weather elements and/or natural causes /calamities and/or due to any additions, modifications or alterations;
8.2.3 If there are changesalterations and/or modifications, 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 etc. made by any other related defects arising directly or indirectly out of such changes, modifications or alterations;
8.2.4 If the Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition Allottees and/or alteration in the layout occupants 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 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 columnsBuilding. 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore contained, herein contained it is hereby expressly agreed and understood that in case the AllotteeAllottees, without first notifying the Promoter Co-owners / Developer and without giving the Promoter Co-owners / Developer the reasonable opportunity to inspect, assess and determine the nature of the purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter Co-owners / Developer shall be relieved of its obligations contained hereinabove in Clause 8.1 hereinabovethis clause. However, the Allottee has been made aware and the Allottee 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 necessary to appoint an expert/ surveyor to be nominated by the architect of the said project, who shall survey and assess the same and 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. 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, save those as mentioned in clause 13.3 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days thirty)days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 (i) If there are changes, modifications or alterations 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 Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 (ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 (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;
8.2.4 (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 defects 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 the responsibility of entertained by the Promoter;
8.2.5 (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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 (vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained Maintained by the Allottee or his / his/her agents in the manner in which same is required Required to be maintained;.
8.2.7 (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 o the reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof; and/or.
8.2.8 (viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 . Notwithstanding anything hereinbefore contained, 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 the 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 8.1 clause 14 hereinabove. The Promoter/maintenance agency/Association of Allottee shall have the right of unrestricted access of all Common Areas, parking spaces for providing necessary maintenance services and the Allottee agrees to permit the Promoter / Association of Allottee and/or maintenance agency to enter into the Apartment or any part thereof, after due notice and during normal working hours, unless the circumstances warrant otherwise, with a view to set right any defect.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 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 No.2 as per this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee No.2 within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible No.2 to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the PromoterPromoter No.2’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defectAct.
8.2 13.1 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 13.1.1. 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 ApartmentUnit, the Promoter will not take any responsibility of waterproofing, cracks or for any defects in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 13.1.2. If there are changes, modifications or alterations in electrical lines and wirings after handing over possession of the Apartment Unit 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 13.1.3. 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;
8.2.4 13.1.4. 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 theUnit 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 the responsibility of the Promoter;
8.2.5 13.1.5. Different materials have different coefficient of expansion and contraction and as such because of this difference 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 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 this Agreement relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five (5) years by the Allottee(s) from the date of handing over possession or Deemed Date Of Possession or from the date of occupancy certificate, whichever is earlier, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 thirty (thirty30) days days, and in the event of the Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottee Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 In case any such structural defect or any other defect in workmanship, quality or provision of services reasonably & in the ordinary course requires additional time beyond the said 30 (thirty) days having regard to the nature of the defect, then Promoter shall be entitled to such additional time period, provided, an intimation thereof has been provided to the Allottee, prior to the expiry of the said initial 30 (thirty) days. The Parties shall mutually work upon and agree to a reasonable and justifiable additional time period for rectification of such defects. The Allottee(s)hereby agrees to such additional time / extension of time without being entitled to or making any claim to receive appropriate compensation in the manner provided under the Act and / or otherwise under Applicable Laws Law.
12.3 Promoter shall not be liable for rectification of any defect if the same has resulted due to natural wear and tear, alterations, modifications, renovation, misuse, and deviation from conditions of usage, and any act, omission or negligence attributable to the Allottee(s)or the Owner’s Association. 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.
12.4 The Allottee(s) further agrees and confirms that the Allottee(s) shall not claim from the Promoter replacement / rectification / service for the time being fixtures & fittings and/or other items / services covered under warranty period, which shall be limited only upto the extent of the warranty covered and also limited only upto the extent of the warranty period issued by the manufacturing company of such fixtures & fittings and/or other items / services and shall become null and void in forcecase of damages caused to any fixtures & fittings and/or other items / services due to mishandling, misuse, mismanagement and/or maltreatment and/or due to lack of proper and timely maintenance of the same on the part of the Allottee(s) or any of its labourer/s and/or worker/s or any third person representing the Allottee(s) and/or the owners asociation. Provided that, Such damages caused as stated herein mentioned shall not be covered under Defect Liability and the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on to replace / rectify / service the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defectsame.
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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore 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 the 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 8.1 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 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 Developer as per this Agreement the Sale Deed relating to such development, development is brought to the notice of the Promoter by the Allottee Developer within a period of five 5 (5five) years by the Buyer from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible Developer to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the PromoterDeveloper’s failure to rectify such defects within such time, the aggrieved Allottee Buyers shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, that the Promoter period of 30 (Thirty) days is only indicative and shall not be liable for sacrosanct only in the event there is any defect or deficiency occasioned on account of any act or omission attempt on the part of the Allottee or Developer to delay, without any authority or third party over whom the Promoter has no control or valid reason, such rectification. Provided further that rectification of any defect under Clause 15.1 which, in the ordinary course of business or deficiency owing to any public holidays or otherwise, is beyond the period of 30 days, shall not entitle the Buyer to compensation under the Sale Deed. The Buyer hereby agrees to such additional time / extension of time without being entitled to / making any claim to receive appropriate compensation in the manner as provided under the Act and/or otherwise under the Applicable Laws.
8.2 However, the Developer shall be liable only for rectification of such of the defects which is not are not:
a. Caused due to any act, omission or negligence attributable to the Promoter. Provided further thatBuyer, or the 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 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 occupant of the Apartment, or owing to the Promoter will not take any responsibility of waterproofingnon-compliance by the Buyer, cracks or for any defects in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
8.2.4 If the Allottee after taking actual physical possession occupant of the Apartment, executes interior decoration work including of any addition and/or alteration Applicable Laws; and
b. Defects that are a result of ordinary wear and tear 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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor qualitycourse.
8.3 Notwithstanding anything hereinbefore contained, For the avoidance of any doubt it is hereby expressly agreed made clear, and understood the Buyer understands and agrees, that any, and all such, defects which are not structural in case nature or do not prove any negligence or default or failure on the Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature part of the purported defect Developer in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter shall be relieved of fulfilling its obligations contained in Clause 8.1 hereinabovewith respect to workmanship, quality or provision of services under the Sale Deed, shall not fall under Clause
15.1 and the Developer shall not have any liability whatsoever to rectify such defects.
Appears in 1 contract
Samples: Sale Deed
DEFECT LIABILITY. 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, that the Promoter shall not be liable for to compensate if the defect is attributable to any defect acts or deficiency occasioned on account of any act omissions or omission on the part commissions of the Allottee (or any authority person appointed by him or third party over whom the Promoter has no control acting under him or under his instructions) or arising due to any defect normal wear and tear or deficiency which is due to reasons not solely attributable to the Promoter. Provided further that, the 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 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 in plumbing pipes and fittings and fixtures that have developed directly or 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 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 Notwithstanding anything hereinbefore contained, 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 the 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 hereinabove. In addition to what has been stated above, 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 confirmed and understood that in Clause 8.1 hereinabovecase 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. The Allottee further specifically agrees and understands as follows: The responsibility of the Promoter shall not cover defects, damage, or malfunction resulting from:
(i) misuse or negligent use;
(ii) unauthorized modifications or repairs done by the Allottee(s) or its nominee(s)/agent(s);
(iii) cases of force majeure;
(iv) failure to maintain the amenities/equipment’s and
(v) accidents. It is understood further by the parties that the Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Promoter 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 Apartment(s) and the Project Common Areas, Shared Common Areas and amenities and facilities wherever applicable. The Allottee(s) has/have been made aware and the Allottee(s) also expressly confirm(s)/understand(s) that the 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 temperature of more than 20 degree C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. The Allottee also understands and confirms that the decision of the Promoter’s architect shall be final in deciding whether there is any actual structural defect in the apartments buildings/wings or defective material being used or regarding workmanship, quality, or provision of service.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 16.1 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 Vendors/Owners/Promoter/Developer as per this Agreement the agreement for sale relating to such development, development is brought to the notice of the Promoter by the Allottee Vendors/Owners/ Promoter/Developer within a period of five 5 (5five) years by the Allottee/Purchaser from the date of handing over possession obtaining completion certificate and Notice of possession, it shall be the duty of the Apartment, the Promoter shall be responsible Vendors/Owners/Promoter/Developer to rectify such defects through the structural engineer without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottee/Purchaser shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws for the time being in forceAct. Provided that, that the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Vendors/Owners/Promoter. Provided further that, the 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 a structural defect.
8.2 The Promoter /Developer shall not be liable to rectify compensate if the defect is attributable to any defect occurring under the following circumstances:
8.2.1 If there are changes, modifications acts or alterations in plumbing pipes and fittings and fixtures omissions or change of wall or floor tiles after the Allottee taking over possession commissions of the Apartment, the Promoter will not take Allottee/Purchaser (or any responsibility of waterproofing, cracks person appointed by him or for any defects in plumbing pipes and fittings and fixtures that have developed directly acting under him or indirectly under his instructions) or arising due to such changes;
8.2.2 If there are changes, modifications or alterations in electrical lines any normal wear and wirings after handing over possession of the 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 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;
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 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 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 and not amounting to poor workmanship or manufacture thereof; and/or
8.2.8 If the Architect certifies that such defects are not manufacturing defect tear or due to poor workmanship or poor quality.
8.3 reasons not solely attributable to the Vendors/Owners/Promoter/Developer. Notwithstanding anything hereinbefore contained, herein contained it is hereby expressly agreed and understood that in case the Allottee/Purchaser, without first notifying the Promoter Promoter/Developer and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of the purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the Promoter Promoter/Developer shall be relieved of its obligations as contained herein.
16.2 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. 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/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 Clause 8.1 hereinabovethe 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/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 Vendors/Owners/Promoter/Developer to the Allottee/Purchaser ends before the defect 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 Allottees/Purchasers, the Vendors/Owners/ Promoter/Developer shall not be responsible for any defects occurring due to the same. The Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the Vendors/Manufacturers that all equipments, 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 Allottee/Purchaser has been made aware and the Allottee/Purchaser expressly agrees that the regular wear and tear of the Apartment /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 expressly agreed that before any liability of defect is claimed by or on behalf of Allottee/Purchaser 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 of the Apartment and in the workmanship executed keeping in mind the aforesaid agreed clauses of this Agreement.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 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 this the Agreement for Sale relating to such development, development is brought to the notice of the Promoter by the Allottee within a period of five 5 (5five) years by the Allottee from the date of handing over possession possession, save those as mentioned in clause 15.2 below, it shall be the duty of the Apartment, the Promoter shall be responsible to rectify such defects without further charge, within 30 (thirty) days days, and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottee Allottees shall be entitled to receive appropriate compensation in the manner as provided under Applicable Laws applicable laws for the time being in force. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the 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 a structural defect.
8.2 15.2 The Promoter shall not be liable to rectify any defect occurring under the following circumstances:
8.2.1 i) If there are changes, modifications or alterations alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee taking over possession of the Said Apartment, the Promoter will not take any responsibility of waterproofing, cracks or for any defects defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
8.2.2 ii) If there are changes, modifications or alterations alteration in electrical lines and wirings after handing over said possession of the Apartment unto the Allottee, the Promoter will not take any responsibility for of any defects defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
8.2.3 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;
8.2.4 iv) If the Allottee after taking actual physical possession of the Said Apartment, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Said Apartment by making any changes in the Apartment, then any defects 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 the responsibility of entertained by the Promoter;
8.2.5 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 need needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get the same it rectified at its own cost;.
8.2.6 vi) If the materials and fittings and fixtures provided by the Promoter are not being maintained by the Allottee or his / her agents in the manner in which same is required to be maintained;.
8.2.7 vii) Any electrical fittings and/or gadgets or appliances or other fittings and fixtures provided by the Promoter in the Common Areas common areas and/or in the Said 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; and/or.
8.2.8 viii) If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality.
8.3 . Notwithstanding anything hereinbefore contained, 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 the purported defect in the Said 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 8.1 clause 15 hereinabove.
Appears in 1 contract
Samples: Sale Agreement
