DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties
Appears in 6 contracts
Samples: Agreement for Sale, Agreement for Sale (Ews), Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not ot making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of fo any of the installed or provided components, facilities, fitments, finishesfinished. Any breakage or damage, intentional or by negligenceunintentional defect caused due to negligence of allottee, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacture/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty liability provided by its respective manufacturer / such manufacture/supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesshall
Appears in 5 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 5 contracts
Samples: Agreement for Sale, Sale Agreement, Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over obtaining completion certificate and Notice of possession, it shall be the duty of the Promoter to rectify such defects through the structural engineer without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect liability mentioned herein this agreement shall be subject 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 allottee not making any changes Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of whatsoever naturepurported defect in the Apartment, whether structural or otherwise, or by way of relocation or by tempering or modification of any alters the state and condition of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark area of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplierpurported defect, then the defect liability for Promoter shall be relieved of its obligations contained in clause 14 hereinabove. The Promoter shall obtain all such products/machines/fitments etcinsurances, 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 restricted and limited to borne by the warranty liability provided by such manufacturer/supplier and 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 at 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 provide 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 curedefects 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/cover over Manufacturers that all equipments, fixtures and above 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 terms Apartments and conditions the Common project amenities wherever applicable. The Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of such respective warrantiesthe 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 5 contracts
Samples: Agreement for Sale, Agreement for Sale, Buyers Agreement
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Promoter, as per the agreement for sale relating to such development 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 offer of possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) ninety days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that,
(a) The above-mentioned liability of the Promoter shall be limited to structural defects only (quality and workmanship).
(b) The Promoter shall not be liable for any such structural/ architectural defect induced by the Allottee, by means of carrying out structural or architectural changes from the original specifications/ design or any misuse thereof;
2. It is further clarified that the defect liability mentioned herein this agreement Promoter shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liabilityliable for any defects caused due to normal wear and tear.
(a) The Promoter shall procure fixtures, fittings, equipment, appliances, gadgets and/or services including but not limited to elevator, DG set, pumps etc. Provided also that the benchmark of the workmanship standard makes and these shall be governed as specified in PWD norms and schedulesby their respective warranties provided by their manufactures/installers. Any dispute The said warranties of the same shall be made available to the Allottee/ association of allotees by the Promoter.
(b) The Promoter having procured the items from standard makes, shall not be liable for any defects relating to workmanship defect the same and the same shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered governed by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its their respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability warranties provided by such manufacturertheir manufactures/supplier installers and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantieshave no liability in this regard.
Appears in 5 contracts
Samples: Sale Agreement, Sale Agreement, Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first unit of the 3rd (Third) Phase of the project; it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 4 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first unit of the 2nd (Second) Phase of the project; it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Duplex / Row Houses or areas appurtenant to the apartment Duplex / Row House will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 3 contracts
Samples: Agreement for Sale, Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that however, The Allottee/s shall not, without the defect liability mentioned herein this agreement shall be subject prior written consent of the concerned Local Authority as well as Promoter to the allottee not making carry out any changes alterations of whatsoever nature, whether structural nature in the said Unit or otherwise, or by way of relocation or by tempering or modification of make any alterations in any of the installed fittings, pipes, water supply connections as this may result in seepage of water. The Allottee/s shall also not chisel or cause damage to the columns, beams, walls, slabs, R.C.C. members and other structural members or damage the water proofing of the flooring of the said Unit and do or omit to do any act which may result in damage to the said Unit. If any of such works are carried out without the written consent of the Promoter, the liability of the Promoter under the Real Estate (Regulation and Development) Xxx 0000 to rectify defects automatically shall become void and Allottee/s shall be liable to pay all costs and damages towards restoration, repairs etc. arising from such unauthorized works. Notwithstanding anything to the contrary contained hereinabove as regards Items/ Goods/ Systems such as Lifts, Fire-Fighting Equipment, Solar Heating System, Sewage Treatment Plant, Organic Waste Converter, Sanitary Fittings, C.P. Fittings, Electrical and Electronic peripherals, Doors and hardware, Windows, Tiles, Glass, Wooden Flooring etc. procured from manufacturers / third parties, to be provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession the Promoter in the apartments or areas appurtenant to said Project and/or in the apartment will not be covered under said Unit, the defect liability. Provided also that the benchmark of the workmanship Promoter’s liability for any manufacturing defects therein shall be governed as specified in PWD norms concurrent with and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided period of Warranty given by the Manufacturers of such manufacturerItems/ Goods/ Systems and shall not extend beyond such periods. Further, such warranties pertaining to such Items/ Goods/ Systems which require periodic maintenance shall become null and void if such periodic maintenance is not attended to by the Allottee / Co-operative Housing Society formed of the purchasers of Flats/ Units in the said Project. If there is any dispute regarding any defect in the building or material used within five years from the date of handing over possession, then first the Allottee/supplier and s shall inform the customer care department of the Promoter and resolve the issues amicably and mutually. The Promoter shall arrange inspection through its engineer in respect of the defects and if it is found that such defects are due to wear and tear / non periodic maintenance / misuse / mishandling of the materials / unit / building, then Promoter would not at all be liable to provide rectify such defects. Promoter would also not be liable to rectify the defects like minor hairline cracks on the external and internal walls including RCC structure which might occur due to variation of heat intensity / weathering as these do not affect the structural stability of the Building and hence does not amount to structural defect or bad workmanship defect. Allottee/s shall be at liberty to approach concern authority and refer the matter for the decision of Adjudicating Officer appointed under the said Act in the event of defects being not resolved to his / her satisfaction by the Promoter. The Purchasers with prior permission of the Promoters and on furnishing necessary undertaking/declaration shall take soft possession of the said Premises for carrying out internal changes / interior works in the said Premises. The said internal changes / interior works shall be done by Purchasers as per the rule and regulation and guidelines of the prevailing laws. The Purchasers shall be liable for any cure/cover over and mishap or entire acts of the external agency appointed by him or its agents or contractor or sub contractor. The Purchasers hereby declares that the Purchasers shall not claim for any deficiency or defect on account of the work done by the Purchasers or his external agency under above the terms and conditions of such respective warrantiespara
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 the agreement for sale this Agreement relating to such development the Apartment, is brought to the notice of the Promoter by the Allottee, within a period of 5 five (five5) years by the Allottee Allottee, from the date of handing over possessionof possession to the Allottee, it the Promoter shall be the duty of the Promoter responsible to rectify such defects without further charge, charge within 30 (thirty) days, days and in the event of the Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under in the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever naturethat, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all 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 provide the Promoter. Provided further that, the Promoter shall not be liable for any cure/cover over 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 Notwithstanding anything stated hereinabove, the Promoter shall not be liable for defects pertaining to the following:
8.2.1 Equipment (including but not limited to, lifts, generators, motors, sewerage treatment plants, transformers and above the terms gym equipment) which carry manufacturer’s guarantees for a limited period;
8.2.2 Fittings relating to plumbing, sanitary, electrical, hardware, etc. having natural wear and conditions of tear;
8.2.3 Allowable structural and other deformations including expansion quotient; and
8.2.4 Works such respective warrantiesas painting, which are subject to wear and tear.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Sale Agreement
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Promoter, as per the agreement for sale relating to such development 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 offer of possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) ninety days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that,
(a) The above-mentioned liability of the Promoter shall be limited to structural defects only (quality and workmanship).
(b) The Promoter shall not be liable for any such structural/ architectural defect induced by the Allottee, by means of carrying out structural or architectural changes from the original specifications/ design or any misuse thereof;
2. It is further clarified that the defect liability mentioned herein this agreement Promoter shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liabilityliable for any defects caused due to normal wear and tear.
(a) The Promoter shall procure fixtures, fittings, equipment, appliances, gadgets and/or services including but not limited to elevator, DG set, pumps etc. Provided also that the benchmark of the workmanship standard makes and these shall be governed as specified in PWD norms and schedulesby their respective warranties provided by their manufactures/installers. Any dispute The said warranties of the same shall be made available to the Allottee/ association of allotees by the Promoter.
(b) The Promoter having procured the items from standard makes, shall not be liable for any defects relating to workmanship defect the same and the same shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered governed by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its their respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability warranties provided by such manufacturertheir manufactures/supplier installers and the Promoter shall not have no liability in this regard. In case any such structural defect or any other defect in workmanship, quality or provision of services by the Promoter at all the Project, reasonably and in the ordinary course requires additional time beyond the said 90 (ninety) days having regard to the nature of defect, then the Promoter shall be liable entitled to provide any cure/cover over such additional time period, provided an intimation thereof has been provided to the Allottee / the association of allottees / the maintenance agency, as the case may be, prior to expiry of the said initial 90 (ninety) days. The Promoter / Allottee / the association of allottees / the Maintenance Agency shall mutually work upon and above the terms agree to a reasonable and conditions justifiable additional time period for rectification of such respective warrantiesdefects. The Allottee hereby agrees to such additional time / extension of time.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement, Sale Agreement
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. herein
e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesherein
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not ot making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of fo any of the installed or provided components, facilities, fitments, finishesfinished. Any breakage or damage, intentional or by negligenceunintentional defect caused due to negligence of allottee, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacture/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty liability provided by its respective manufacturer / such manufacture/supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or of provision of services or any other obligations of the Owner/Promoter as per the agreement for sale relating to such development is brought to the notice of the Owner/Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Owner/Promoter to rectify such defects without further charge, within 30 (thirty) days, days and in the event of Owner/Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. It is clarified that the aforesaid responsibility of the Owner/Promoter shall not cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Owner or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/equipments (v) accident and (iv) negligent use. Warranty for all consumables or equipments used such as generators, lifts, fittings and fixtures, will be as provided by the respective manufacturers on their standard terms. It is agreed and recorded that the allottee of flats should also pay maintenance charges for maintenance of the project and its facilities and amenities during the period of first five years and thereafter. In case non-payment of maintenance charges by the allottee and there being discontinuation of proper maintenance in that event the Owner/promoter should not be held as liable as default on its part under this clause. Provided that where the manufacturer warranty as shown by the Owner/Promoter to the Allottee ends before the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be period and such warranties are covered under the defect liability. Provided also that the benchmark maintenance of the workmanship shall be governed as specified in PWD norms said Unit/building/phase wing and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that if the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered annual maintenance contracts are not done/renewed by the manufacturer / supplier of such fitmentsallottees, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such productsOwner/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at 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 liable maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to provide 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 cureliability 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/cover over wing and above in the terms and conditions workmanship executed keeping in mind the aforesaid agreed clauses of such respective warrantiesthis Agreement.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first plot of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments plot or areas appurtenant to the apartment plot will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first unit of the 2nd (Second) Phase of the project; it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Developers/ Promoters as per the agreement for sale Agreement relating to such development is brought to the notice of the Developer/Promoter within a period of 5 (five) years by the Allottee from the date issuance of handing over possessionthe occupancy/ completion certificate by the Arambagh Municipality and the same being occurred due to the acts of the Developer /Promoter and so certified by the Architect for the time being for the Project, it shall be the duty of the Developer/Promoter to proceed to rectify such defects without further charge, charge within 30 (thirty) days, days and in the event of Promoter’s Developers /Promoter's failure to proceed to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Developer/Promoter shall not be liable to compensate if the defect liability mentioned herein this agreement shall be subject 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 not using the Allotted Apartment or due to reasons not solely attributable to the allottee Developer/Promoter or if the related annual maintenance contracts and the licenses are not making validly maintained by the Maintenance-in-Charge. Provided Further that it is declared by the Developer/Promoter and the Allottee hereby acknowledges that any changes manufacturing or other defect in any branded inputs or fixtures or services of whatsoever naturea third party; and/or any equipments (including but not limited to generators, whether structural motors, sewage treatment plants, transformers and gym equipment) which carry manufacturer’s guarantees for a limited period; and/or fittings relating to plumbing, sanitary, electrical, hardware, etc. having natural wear and tear; or otherwise, or by way any other defects due to occurrence of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will force majeure event(s) shall not be covered under this clause. Notwithstanding anything herein contained, it is hereby expressly agreed and understood that in case the Allottee, without first notifying the Developers/ Promoters and without giving the Developer/Promoter the reasonable opportunity to inspect, assess and determine the nature of purported defect liability. Provided also that in the benchmark Apartment, alters the state and condition of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty area of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplierpurported defect, then the defect liability for such productsDeveloper/machines/fitments etc. Promoter shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions relieved of such respective warrantiesits obligations contained hereinabove in this clause.
Appears in 2 contracts
Samples: Sale Agreement, Sale Agreement
DEFECT LIABILITY. It is agreed that in case If within a period of five years from the date of handing over the plot to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the project in which the plot is situated or any other defect in defects on account of workmanship, quality or provision of services or any other obligations of service, then, wherever possible such defects shall be rectified by the Promoter as per the agreement for sale relating to such development at his own cost and in case it is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter not possible to rectify such defects without further chargedefects, within 30 (thirty) days, and in then the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate from the Promoter, compensation for such defect in the manner as provided under the Act. Provided The regular maintenance and due care has been taken by Allottees own cost to keep the plot in good conditions and repairs from the date of possession. Also to carry out at his own cost all internal repairs to the said project and maintain the plot in the same condition, state and order in which it was delivered by the Promoter to the Allottee. 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 defects caused by normal wear and tear and by negligent use of common amenities, roads, water pipes, electrical connections etc. by the Occupants, vagaries of nature etc. That the project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the vendors/manufacturers that the defect liability mentioned herein this agreement all equipment's, fixtures and fittings shall be subject maintained and covered by maintenance / warranty contracts so as to be sustainable and in proper working condition to continue warranty in both the allottee not making plot and the common project amenities wherever applicable. It is expressly agreed that before any changes liability of whatsoever nature, whether structural defect is claimed by or otherwise, or by way of relocation or by tempering or modification of any on behalf of the installed or provided componentsAllottee, facilitiesit 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 used, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark structure built of the unit/phase/wing and in the workmanship shall be governed as specified executed keeping in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light mind the aforesaid agreed clause of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesthis agreement.
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not ot making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of fo any of the installed or provided components, facilities, fitments, finishesfinished. Any breakage or damage, intentional or by negligenceunintentional defect caused due to negligence of allottee, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacture/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty liability provided by its respective manufacturer / such manufacture/supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesto
Appears in 2 contracts
Samples: Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. 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 Builder as per the agreement for sale relating to such development is brought to the notice of the Promoter Builder within a period of 5 (five) years by the Allottee Buyer from the date of handing over possession, it shall be the duty of the Promoter Builder to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterBuilder’s failure to rectify such defects within such time, the aggrieved Allottees Buyer s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the .
b. The defect liability mentioned herein this agreement shall be subject to the allottee buyer not making any changes of whatsoever nature, whether structural infrastructural or otherwise, or by way of relocation or by tempering tampering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, / damages intentional or by negligence, subsequent to possession in the apartments bungalow or areas appurtenant to the apartment bungalow will not be covered under the defect liability. .
c. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter Builder shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties
Appears in 1 contract
Samples: Real Estate Purchase Agreement
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments offices or areas appurtenant to the apartment office will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect only or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale Agreement to Sale relating to such development in project is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Association of Allottees from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Association of Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided however, that the Allottee/s shall not carry out any alterations of the whatsoever nature in said infrastructure and facilities provided in the project, in particular it is hereby agreed that the Allottee/s shall not make any alterations in any of the fittings, pipes, water supply connections or any erection or any alteration in the structure of said infrastructure and facilities. If any of such works are carried out the defect liability mentioned herein this agreement 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 Allottees by the occupants, vagaries of nature etc. That it shall be subject the responsibility of the Association of allottees to maintain the allottee said infrastructure and facilities in a proper manner and take all due care needed. Howsoever for the purpose of defect liability on towards the developer, the date shall be calculated from the date of completion certificate issued by the competent authority for completion of infrastructure and facilities and that the said liability shall be those responsibilities which are not making covered under maintenance of the said project as stated in the said Agreement. That further it has been agreed by the allottees that any changes of whatsoever nature, whether structural damage or otherwise, change done in the infrastructure and facilities by them or by way of relocation or by tempering or modification of any third person on and behalf of the installed or provided componentsallottee/s then the allotte/se expressly absolves the developer from the same liability and specifically consents that on such act done, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent he shall waive his right to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then enforce the defect liability for such products/machines/fitments etc. shall be restricted on and limited to towards the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesdeveloper.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first unit of the 3rd (Third) Phase of the project; it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Duplex/Row Houses or areas appurtenant to the apartment Duplex/Row House will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. 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 Developer/Promoter as per the agreement for sale relating to such development Agreement For Sell is brought to the notice of the Promoter Promoters within a period of 5 (five) years by the Allottee Buyer from the date of handing over possession, it shall be the duty of the Promoter Promoters to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s Developer/Promoter s’ failure to rectify such defects within such time, the aggrieved Allottees Buyer shall be entitled to receive appropriate compensation in the manner as provided under the Act. The Buyer shall, in order to mitigate any further prejudicial effect, notify the Developer/Promoter 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. However, the Developer/Promoter shall not be liable for rectification of defects in the following circumstances:
(i) if the same has resulted due to any act, omission or negligence attributable to the Buyer or non-compliance of any Applicable Laws by the Buyer; and
(ii) the defects that are the result of ordinary wear and tear in due course. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also Buyer understands that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered fundamental difference between hand over of the building/constructions or infrastructure services and systems free from defects on the one hand and maintenance of handed over building/constructions or infrastructure services and systems so as to maintain defect free functioning which by its nature is a lifelong process. Accordingly, the continued maintenance of the systems handed over would not be the responsibility of the Developer/Promoter, and the Developer/Promoter shall not be liable for rectification of any defects therein. Provided further that in case rectification of any such structural defect or any other defect in workmanship, quality or provision of services by the manufacturer / supplier of such fitmentsDeveloper/Promoter at the Project, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplierreasonably and in the ordinary course requires additional time beyond the said 30 (thirty) days, then the defect liability for such productsDeveloper/machines/fitments etc. Promoter shall be restricted and limited entitled to the warranty liability same, provided by 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 manufactureradditional time/supplier and 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 Developer/ Promoter shall not at be held responsible for any delay in completing the rectification if the same is caused due to any non-cooperation from other apartment Allottees/Buyers/Owners and the Association of Buyers. Provided further that the above said responsibility of the Developer/Promoter shall not cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Buyer 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. Provided further that the Buyer shall also pay maintenance charges for maintenance of the Project and its facilities and amenities during the period of first five years and thereafter and in case non-payment of maintenance charges by the Buyer and there being discontinuation of proper maintenance in that event the Developer/Promoter shall not be held as liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesas default on its part under this clause.
Appears in 1 contract
Samples: Deed of Conveyance
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period until society handover to the association of 5 (five) years Allottee, by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee Allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided componentscomponent, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified specific in PWD norms and schedulesschedule. Any dispute disputes relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for For which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines machines, or products etc. shall Shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / manufacture/ supplier, then the defect liability for such products/machines/fitments etc. shall Shall be restricted and limited to the warranty liability provided by such manufacturermanufacturers/supplier and the Promoter promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. (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 obligation as per the agreement for sale relating to such development provided herein is brought to the notice of the Promoter by the Allottee within a period of 5 (fiveFive) years by the Allottee from the date of handing over possessionexecution of this AFS, it such defect shall be rectified by the duty Promoter without any further cost or charges from the Allottee. In the event of failure of the Promoter to rectify such defects without further charge, defect within 30 (thirtya period of 90(Ninety) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Real Estate Act. Provided that, the Promoter shall not be liable for any such structural/architectural defect induced by the allottee(s), by means carrying out structural or architectural changes from the original specifications/design.
(b) The Allottee hereby confirms and agrees that the Promoter shall be responsible for handing over the building/constructions or infrastructure services and systems, laid out for the said Project, as specified in this AFS, in typical working order and free from any structural or fundamental defect. Only such defects of workmanship and quality that would in the ordinary course lead to the breakdown, malfunction or failure of building/constructions or infrastructure services and systems shall be covered under defect liability mentioned herein this agreement (“Defect Liability”). The Allottee further confirms and agrees that the Defect Liability would be rendered void in case of failure to maintain the 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. The Allottee also agree that the Promoter shall not be subject responsible in cases where such defect has occasioned on account of unauthorized tampering, mishandling, human error or intervention by a technically unqualified person. Furthermore, it is agreed that the defects that are the result of ordinary wear and tear in due course or which are result of failure by the Authorities to provide its obligated services, infrastructure, etc., upto and outside the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any periphery of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will Project shall not be covered under Defect Liability.
(c) The Allottee hereby confirms and agrees that all fittings, fixtures, apartment level equipment whatsoever like air-conditioners, CP fittings, toilet fixtures, etc., shall be made functional at the defect liability. Provided also that time of handing over the benchmark possession of the workmanship Apartment but the maintenance thereof through appropriate AMCs or otherwise shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty responsibility of the fitmentsAllottee. Intrinsically, machines breakable or products degradable items like tiles, stones, wooden items, glass, iron grills, aluminium items, façade, doors, windows and such like shall also not be covered under Defect Liability.
(d) The Allottee acknowledges and agrees that despite of all the necessary steps and precautions taken while designing and construction, the concrete slabs/beams may deflect due to self-weight, imposed loading, creep and/or shrinkage phenomenon (inherent properties of concrete), for years after completion of construction. Further, there may be cracks in finishes i.e., flooring, ceiling, slab gypsum etc. for which there is as a separate warranty rendered result of such slab/beam deflection and due to any renovation work or alterations undertaken by the manufacturer / supplier Promoter or allottees of such fitments, machines other apartments or products etccracks in walls due to expansion and/or contraction. The Allottee hereby agree and confirm that it shall prevail & supersede any defect liability covered herein i.e. not hold the Promoter liable for any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and defects or claim any compensation from the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesin this regard.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionpossession or Completion/ Occupancy Certificate whichever is earlier. Any defect or insufficiency in the allotted Unit with respect to workmanship, it quality or provision of services or any obligations of the Promoter as per the agreement for sale relating to such development is noticed by The Allottee can be rectified by the PROMOTER, if brought to its notice within 1 (one) month of taking possession by the Allottee. It shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided Provide that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, otherwise or by the way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or of common areas appurtenant to the apartment said Unit will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacturer/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/products/ machines/fitments etc. etc shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and the above the terms and conditions of such respective warranties. It is clearly agreed between the promoter and allottee that the defect liability clause is not applicable in regard to the simple repair and maintenance.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 8.1 It is agreed that in case of any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale this Deed relating to such development is the Project, being brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionthe completion certificate/partial completion certificate of the Project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided specified under the ActApplicable Law.
8.2 Notwithstanding anything stated in Clause 8.1 hereinabove, the Promoter shall not be liable for defects pertaining to the following: (i) equipment (including but not limited to, lifts, generators, motors, sewerage treatment plants, transformers and gym equipment) which carry manufacturer’s guarantees for a limited period; (ii) fittings relating to plumbing, sanitary, electrical, hardware, etc. Provided that the having natural wear and tear; (iii) allowable structural and other deformations including expansion quotient; and (iv) normal wear and tear, accidents or misuse. The Promoter’s defect liability mentioned herein this agreement obligations shall also be subject to the allottee not making any changes of whatsoever nature, whether Purchaser continuing with all annual maintenance contracts for equipment/material installed/used within the Residential Project. The Purchaser also acknowledges that non-structural or otherwise, or by way of relocation or by tempering or modification of any cracks may appear in the external and internal walls of the installed Building on account of variations in temperature or provided componentsdue to occurrence of events of force majeure, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will which shall not be covered under the defect liabilityliability obligations of the Promoter. It is expressly agreed that before any liability of defect is claimed by or on behalf of the Purchaser, it shall be necessary for the Parties to mutually appoint an expert at the cost and expense of the Purchaser, who shall be an independent surveyor who shall survey and assess such alleged defect and submit a report in this regard. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitmentsthat, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Purchaser or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to provide the Promoter. Provided further that, the Promoter shall not be liable for any cure/cover over manufacturing or other defects of any branded inputs or fixtures or services of any third party, unless it results in a structural defect.
8.3 It is expressly agreed and above understood that in case the terms Purchaser, without first notifying the Promoter or without giving to the Promoter the opportunity to inspect assess and conditions determine the nature of such respective warrantiesdefect (which inspection the Promoter shall be required to complete within 15 (fifteen) days of receipt of the notice from the Purchaser), alters the state and condition of such defect, then the Promoter shall be relieved of its obligations contained in Clause 8.1 and the Purchaser shall not be entitled to any cost or compensation in respect thereof.
Appears in 1 contract
Samples: Deed of Conveyance
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession. Any defect or insufficiency in the allotted unit with respect to workmanship, it quality or provision of services or any obligations of the Promoter as per the agreement for sale relating to such development is noticed by The Allottee can be rectified by the PROMOTER, if brought to its notice within 1 (one) month of taking possession by the Allottee. It shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided .
12.2 Provide that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, otherwise or by the way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or of common areas appurtenant to the apartment said unit will not be covered under the defect liability. .
12.3 Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. .
12.4 Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacturer/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/products/ machines/fitments etc. etc shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and the above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 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 Developer/Promoter as per the agreement for sale relating to such development Agreement For Sell is brought to the notice of the Promoter Promoters within a period of 5 (five) years by the Allottee Buyer from the date of handing over possession, it shall be the duty of the Promoter Promoters to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s Developer/Promoter s’ failure to rectify such defects within such time, the aggrieved Allottees Buyer shall be entitled to receive appropriate compensation in the manner as provided under the Act. The Buyer shall, in order to mitigate any further prejudicial effect, notify the Developer/Promoter 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. However, the Developer/Promoter shall not be liable for rectification of defects in the following circumstances:
(i) if the same has resulted due to any act, omission or negligence attributable to the Buyer or non-compliance of any Applicable Laws by the Buyer; and
(ii) the defects that are the result of ordinary wear and tear in due course. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also Buyer understands that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered fundamental difference between hand over of the building/constructions or infrastructure services and systems free from defects on the one hand and maintenance of handed over building/constructions or infrastructure services and systems so as to maintain defect free functioning which by its nature is a lifelong process. Accordingly, the continued maintenance of the systems handed over would not be the responsibility of the Developer/Promoter, and the Developer/Promoter shall not be liable for rectification of any defects therein. Provided further that in case rectification of any such structural defect or any other defect in workmanship, quality or provision of services by the manufacturer / supplier of such fitmentsDeveloper/Promoter at the Project, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplierreasonably and in the ordinary course requires additional time beyond the said 30 (thirty) days, then the defect liability for such productsDeveloper/machines/fitments etc. Promoter shall be restricted and limited entitled to the warranty liability same, provided by 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 manufactureradditional time/supplier and 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 Developer/ Promoter shall not at be held responsible for any delay in completing the rectification if the same is caused due to any non-cooperation from other apartment Allottees/Buyers/Owners and the Association of Buyers. Provided further that the above said responsibility of the Developer/Promoter shall not cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Buyer 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. Provided further that the Buyer shall also pay maintenance charges for maintenance of the Project and its facilities and amenities during the period of first five years and thereafter and in case non-payment of maintenance charges by the Buyer and there being discontinuation of proper maintenance in that event the Developer/Promoter shall not be held as liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesas default on its part under this clause.
Appears in 1 contract
Samples: Deed of Conveyance
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it Any defect or insufficiency in the allotted unit with respect to workmanshi p, quality or provision of services or any obligations of the Promoter as per the agreement for sale relating to such development is noticed by The Allottee can be rectified by the PROMOTER, if brought to its notice within 1 (one) month of taking possessio n by the Allottee. It shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive rec eive appropriate compensation in the manner as provided under the Act. Provided .
12.2 Provide that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, otherwise or by the way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishesfitments etc. Any breakage brekage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment plot will not be covered under the defect liability. .
12.3 Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. .
12.4 Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacturer/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machinesmachi nes, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/products/ machines/ fitments etc. etc shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cure/ cover over and above the a xxxx terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or • Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. • Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not ot making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of fo any of the installed or provided components, facilities, fitments, finishesfinished. Any breakage or damage, intentional or by negligenceunintentional defect caused due to negligence of allottee, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacture/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty liability provided by its respective manufacturer / such manufacture/supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Developer as per the agreement for sale relating to such development is brought to the notice of the Promoter Developer within a period of 5 (five) years by the Allottee from the date of handing over possessionissuance of the completion certificate, it shall be the duty of the Promoter Developer to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure of the Developer to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. The Developer shall not be liable for the damage/ decay caused by natural wear and tear or by any act and/or neglect of the allottees.
12.2 It is clarified that the above responsibility of the Developer shall not cover defects, damages or malfunction due to (i) misuse, (ii) unauthorized modifications or repairs done by the allottees or the Association, (iii) cases of force xxxxxx, (iv) failure to maintain the amenities and installations, (v) accident and (vi) negligent use. Provided that where the manufacturer warranty as shown by the Developer to the allottees ends before the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be period and such warranties are covered under the defect liabilitymaintenance of the said Apartment/Building and if the annual maintenance contracts are not done/ renewed by the allottees, the Developer shall not be responsible for any defects occurring due to the same. Provided also The Project as a whole has been conceived, designed and constructed based on the commitments and warranties given by the vendors/manufacturers/suppliers 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 for both the Apartments and the Common Areas, Amenities and Installations wherever applicable. The Allottee has been made aware and the Allottee expressly agrees that the benchmark regular wear and tear of the Apartment/Building excludes minor hairline cracks on the external and internal walls which happens due to variation in temperature of more than 20* C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Allottee, it shall be governed as specified in PWD norms and schedules. Any dispute relating necessary to workmanship defect appoint an expert who shall be resolved a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in light of these norms only. Provided however that material used in the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered structure built by the manufacturer / supplier Developer for the Apartment/ Building and in the workmanship executed keeping in view the aforesaid agreed terms of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesthis Agreement.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Promoter, as per the agreement for sale relating to such development 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 offer of possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) ninety days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that,
(a) The above-mentioned liability of the Promoter shall be limited to structural defects only (quality and workmanship).
(b) The Promoter shall not be liable for any such structural/ architectural defect induced by the Allottee, by means of carrying out structural or architectural changes from the original specifications/ design or any misuse thereof; or any act, omission or negligence or non- compliance of any Applicable Laws;
2. It is further clarified that the defect liability mentioned herein this agreement Promoter shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liabilityliable for any defects caused due to normal wear and tear.
(a) The Promoter shall procure fixtures, fittings, equipment and/or services including but not limited to elevator, power back up equipment, pumps, common toilets, etc. Provided also that the benchmark of the workmanship standard makes and these shall be governed as specified in PWD norms and schedulesby their respective warranties provided by their manufactures/installers. Any dispute The said warranties of the same shall be made available to the Allottee/ association of allotees by the Promoter.
(b) The Promoter having procured the items from standard makes, shall not be liable for any defects relating to workmanship defect the same and the same shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered governed by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its their respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability warranties provided by such manufacturertheir manufactures/supplier installers and the Promoter shall not have no liability in this regard.
4. In case any such structural defect or any other defect in workmanship, quality or provision of services by the Promoter at all the Project, reasonably and in the ordinary course requires additional time beyond the said 90 (ninety) days having regard to the nature of defect, then the Promoter shall be liable entitled to provide any cure/cover over such additional time period, provided an intimation thereof has been provided to the Allottee / the association of allottees / the maintenance agency, as the case may be, prior to expiry of the said initial 90 (ninety) days. The Promoter / Allottee / the association of allottees / the Maintenance Agency shall mutually work upon and above the terms agree to a reasonable and conditions justifiable additional time period for rectification of such respective warrantiesdefects. The Allottee hereby agrees to such additional time / extension of time.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession. Any defect or insufficiency in the allotted unit with respect to workmanship, it quality or provision of services or any obligations of the Promoter as per the agreement for sale relating to such development is noticed by The Allottee can be rectified by the PROMOTER, if brought to its notice within 1 (one) month of taking possession by the Allottee. It shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled entit led to receive appropriate compensation in the manner as provided under the Act. Provided .
12.2 Provide that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, otherwise or by the way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments apartment or areas appurtenant to the apartment will not be covered under the defect liability. .
12.3 Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. .
12.4 Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacturer/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability liabil ity covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/products/ machines/ fitments etc. etc shall be restricted and limited to the warranty xxxxxx xx liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cure/ cover over and the above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, of the first Row House / Bungalow of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Row House/ Bungalows or areas appurtenant to the apartment Plot will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / manufacturer/supplier, then the defect liability for such products/machines/fitments products/ machines /fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/manufacturer/ supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case If within a period of five years from the date of handing over the Shop/Shop to the Purchaser/ Allottee, the Purchaser/ Allottee brings to the notice of the Promoter any structural defect in the Shop/Shop/Unit or the building in which the Shop/Shop/Unit are situated or any other defect in defects on account of workmanship, quality or provision of services or any other obligations of service, then, wherever possible such defects shall be rectified by the Promoter as per the agreement for sale relating to such development at his own cost and in case it is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter not possible to rectify such defects without further chargedefects, within 30 (thirty) days, and in then the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Purchaser/ Allottee shall be entitled to receive appropriate from the Promoter, compensation for such defect in the manner as provided under the Act. Provided 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 Shop/Shop/Unit in good conditions and repairs from the date of possession. Also to carry out at his own cost all internal repairs to the said Shop / Shop / Unit and maintain the Shop/Shop/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 carry out any alterations of the whatsoever nature in the said Shop/Shop/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 structure, 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 liability mentioned herein this agreement automatically shall become void. The word defect here means only the manufacturing and workmanship defect/s caused on account of wilful neglect on the part of the Promoter, and shall not mean defect/s caused by normal wear and tear and by negligent use of Shop/Shop/Unit by the Occupants, vagaries of nature etc. Defects in fittings and fixtures are not included herein. That it shall be subject the responsibility of the 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 Shop/Shop/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 not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of / purchaser ends before the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be defects liability period and such warranties are covered under the defect liability. Provided also that the benchmark maintenance of the workmanship shall be governed as specified in PWD norms said unit/building/phase/wing, and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that if the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered annual maintenance contracts are not done / renewed by the manufacturer / supplier of Purchaser/s/ Allottee/s, in such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the case Promoter shall not at 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/manufacturers that all equipment's, fixtures and fittings shall be liable maintained and covered by maintenance / warranty contracts so as to provide be sustainable and in proper working condition to continue warranty in both the Shop/Shop/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 cureliability 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 used, in the structure built of the unit/cover over phase/wing and above in the terms and conditions workmanship executed keeping in mind the aforesaid agreed clause of such respective warrantiesthis agreement.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes charges of whatsoever nature, whether structural or otherwise, otherwise or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or of products etc. for the which there is a separate warranty rendered by the manufacturer / supplier /supplier of such fitments, machines or products etc. shall Shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / manufacturer/ supplier, then the defect liability for such products/machinesproducts /machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier supplies and the Promoter promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not ot making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of fo any of the installed or provided components, facilities, fitments, finishesfinished. Any breakage or damage, intentional or by negligenceunintentional defect caused due to negligence of allottee, subsequent to possession in the apartments apartmentUnits or areas appurtenant to the apartment apartmentUnit will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacture/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty liability provided by its respective manufacturer / such manufacture/supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first unit of the 2rd (Second) Phase of the project; it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to the internal/external development and/or common area facilities/amenities and 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, of the first Plot of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottee or association of Allottees as the case may be shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee or association of Allottees as the case may be,not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishesfinishes the internal/external development and/or common area facilities/amenities. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Plots or areas appurtenant to the apartment Plot will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / manufacturer/supplier, then the defect liability for such products/machines/fitments products/ machines /fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/manufacturer/ supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed 28.1 The Contractor warrants that the Services or any part thereof shall be free from defects in case the design, engineering, materials and workmanship of the Services executed.
28.2 The Defect Liability Period shall be eighteen (18) months from the Completion Date of the Contract (or any structural part thereof). If during the Defect Liability Period any defect should be found in the design, engineering, materials and workmanship of the Services executed by the Contractor, the Contractor shall promptly perform all appropriate remediation and corrective measures, in consultation and agreement with SLWE. Measures, such repair, replacement, adjustment or any other requirement shall be performed at the Contractor’s own expense and liability. The Contractor will provide an appropriate remediation plan (determined at his own discretion and responsibility) for approval of SLWE. The Contractor shall not be responsible for the repair, replacement or remediation of defect or any other defect in workmanshipdamage resulting from improper operation or maintenance of the wastewater system by SLWE following the substantial completion and handing over.
28.3 The Contractor’s obligations under this CC Clause 28 shall not apply to:
(a) any materials that are supplied by SLWE, quality or provision materials that are normally consumed through operation, or have a normal life shorter than the Defect Liability Period stated herein;
(b) any designs, specifications or other data designed, supplied or specified by or on behalf of services SLWE or any matters for which the Contractor has mutual agreed with SLWE to be disclaimed of his responsibility herein;
(c) any other materials supplied or any other obligations work executed by or on behalf of SLWE, except for the work executed by SLWE under CC Sub-Clause 28.6;
28.4 SLWE shall give the Contractor a notice stating the nature of the Promoter as per defect together with all available evidence thereof, promptly following the agreement discovery thereof. SLWE shall provide all reasonable opportunities for sale relating the Contractor to inspect any of such development is brought defects.
28.5 SLWE shall provide the Contractor the necessary access to the notice Facilities to perform his obligations under this CC Clause 28. The Contractor may remove from the Site any Plant and Equipment or any part of the Promoter Facilities that are defective if the nature of the defect, and/or any damage to the Facilities caused by the defect, if the repairs cannot be promptly carried out at the Facilities while making sure not to disrupt the regular water supply.
28.6 If the Contractor fails to initiate the required work to remedy such defect or any damage caused by such defect within a period of 5 reasonable time (five) years by the Allottee from the date of handing over possession, it which shall in no event be the duty of the Promoter considered to rectify such defects without further charge, within 30 be less than fifteen (thirty15) days). Upon a notification issued by SLWE to the contractor, SLWE hold the rights to proceed to implement such works, and in hold the event Contractor accountable of Promoter’s failure all reasonable costs incurred. Such costs will be paid to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that SLWE or deducted from the defect liability mentioned herein this agreement guarantee.
28.7 Except as provided in CC Clauses 27 and 28, the Contractor shall be subject under no liability whatsoever and howsoever arising, and whether under the Contract or at law, in respect to defects in the allottee not making wastewater system or any changes of whatsoever naturepart thereof, whether structural the Plants and Stations, design or otherwise, engineering or by way of relocation or by tempering or modification of any work executed that appear after Completion of the installed or provided components, facilities, fitments, finishesServices. Any breakage or damage, intentional or by Exceptions apply where such defects are the result of the gross negligence, subsequent to possession in the apartments fraud, criminal or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark willful action of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesContractor.
Appears in 1 contract
Samples: Performance Based Operation and Maintenance Contract
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first unit of the project; it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments shops or areas appurtenant to the apartment shop will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in first unit of the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. 3rd Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Duplex / Row Houses or areas appurtenant to the apartment Duplex / Row House will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first plot of the 1st phase of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments plot or areas appurtenant to the apartment plot will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionpossession or the date of issue the completion / occupancy certificate, whichever is earlier, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided It is expressly agreed and understood that in case the defect liability mentioned herein this agreement Allottee, without first notifying the Promoter and without giving to the Promoter the opportunity to inspect assess and determine the nature of such defect, alters the state and condition of such defect, then the Promoter shall be relieved of its obligations contained in the para immediately preceding and the Allottee shall not be entitled to any cost or compensation in respect thereof. Defect, if any, found in the materials within the warranty period, the Promoter shall replace the same with materials of same value or make, whichever is available in the market at the given point of time. No compensation shall be paid to any Allottee and no extra work shall be carried out by the Promoter. The Allottee shall be solely responsible of the fittings in their respective flats/apartments after possession is handed over and the Promoter shall thereafter not be held responsible and/or liable for the quality of the materials. The Promoter shall, however, not in any manner be responsible and/or liable to undertake repair or rectify malfunction of any electrical equipment, including, but not limited to lift, STP, WTP, Transformer, CCTV, Intercom, which shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not and be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered guided by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then third party's own policy (AMC) with the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier Promoter and the Promoter Supplier Company/Utility Provider shall not at all be liable to provide any cure/cover over and above change, rectify, or repair the items as per the terms agreed upon with the Promoter and conditions the Allottee shall not be entitled to raise any dispute with regard to the same. The Promoter shall also not in any manner be responsible and/or liable to repair any damage that may be caused to the flat/apartment or the common wall of such respective warrantiesthe flat/apartment of the Allottee with any neighbour of the Allottee.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 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 Builder as per the agreement for sale relating to such development is brought to the notice of the Promoter Builder within a period of 5 (five) years by the Allottee Buyer from the date of handing over possession, it shall be the duty of the Promoter Builder to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterBuilder’s failure to rectify such defects within such time, the aggrieved Allottees Buyer s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the .
b. The defect liability mentioned herein this agreement shall be subject to the allottee buyer not making any changes of whatsoever nature, whether structural infrastructural or otherwise, or by way of relocation or by tempering tampering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, / damages intentional or by negligence, subsequent to possession in the apartments Flat or areas appurtenant to the apartment Flat will not be covered under the defect liability. .
c. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter Builder shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties
Appears in 1 contract
Samples: Real Estate Purchase Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionpossession or Completion/ Occupancy Certificate whichever is earlier. Any defect or insufficiency in the allotted unit with respect to workmanship, it quality or provision of services or any obligations of the Promoter as per the agreement for sale relating to such development is noticed by The Allottee can be rectified by the PROMOTER, if brought to its notice within 1 (one) month of taking possession by the Allottee. It shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided .
12.2 Provide that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, otherwise or by the way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or of common areas appurtenant to the apartment said unit will not be covered under the defect liability. .
12.3 Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. .
12.4 Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacturer/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/products/ machines/fitments etc. etc shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and the above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Vendors as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter Vendors within a period of 5 (five) years by the Allottee Vendee from the date of handing over possession, it shall be the duty of the Promoter Vendors to rectify such defects without further charge, within 30 90 (thirtyninety) days, and in the event of Promoter’s the Vendors’ failure to rectify such defects within such time, the aggrieved Allottees vendees shall be entitled to receive appropriate compensation in the manner as provided under the Act: Provided that, the Vendors shall not be liable for any such structural/ architectural/interior defect induced by the Vendee, by means of carrying out structural or architectural or interior changes from the original specifications/ design. Provided that further that, the Vendors shall not be liable forrectification of any such defect as stated above in case of the Vendee fails to take over possession of the Apartment within180 days of the offer of possession of the same by the Vendors. That the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier effect in construction (i.e. structure) however, air cracks in plaster masonry and the Promoter general wear and tear shall not at all be liable to provide any cure/considered as structural defect. Defect liability shall not cover over and above Force Majeure situations. The defect liability shall not be applicable on the terms and conditions bought-out items, most of which are covered under warranty by manufacturers themselves. However, in the event of reoccurring problems with the bought-out items purchased from third party vendors which shall have warranties from their respective manufacturers the Vendors shall cooperate with the Vendee in rectifying such respective warrantiesdefects.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionpossession or date when the possession was offered or Completion/ Occupancy Certificate whichever is earlier. Any defect or insufficiency in the allotted Unit with respect to workmanship, it quality or provision of services or any obligations of the Promoter as per the agreement for sale relating to such development is noticed by The Allottee can be rectified by the PROMOTER,ifbrought to its notice within 1 (one) month of taking possession by the Allottee. It shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided Provide that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, otherwise or by the way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or of common areas appurtenant to the apartment said Unit will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacturer/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/products/ machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and the above the terms and conditions of such respective warranties. It is clearly agreed between the promoter and allottee that the defect liability clause is not applicable in regard to the simple repair and maintenance, damage or loss caused due to negligence or mishandling of allottee.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionobtaining completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided It is clarified that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes above said responsibility of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Owner or its nominee/agent, (iii) cases of force majeure (iv) failure to maintain the amenities/equipment (v) accident and (iv) negligent use. Provided that where the manufacturer warranty as shown by the Promoter to the Allottee 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 equipment, fixtures and fittings shall be liable maintained and covered by maintenance / warranty contracts so as it be sustainable and in proper working condition to provide 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 shrinkage in concrete, brick work, plaster, which is inherent property of cementitious material and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any cureliability 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/cover over wing and above in the terms and conditions workmanship executed keeping in mind the aforesaid agreed clauses of such respective warrantiesthis Agreement.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments House or areas appurtenant to the apartment House will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products like CP fittings, Sanitary fitting, Electrical fittings, Pump, water tank etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products like CP fittings, Sanitary fitting, Electrical fittings, Pump, water tank etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments like CP fittings, Sanitary fitting, Electrical fittings, Pump, water tank etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, of the first EWS/LIG Flat of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments EWS/LIG Flat or areas appurtenant to the apartment EWS/LIG Flat will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / manufacturer/supplier, then the defect liability for such products/machines/fitments products/ machines /fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/manufacturer/ supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionpossession of the first flat of the block, 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 Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for For which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall Shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/products/ machines/ fitments etc. shall Shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first unit of the 3rd (Third) Phase of the project; it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Duplex / Row Houses or areas appurtenant to the apartment Duplex / Row House will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessioncompletion/occupancy certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments apartment / units or areas appurtenant to the apartment / unit will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties. Provided however that any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. 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 Owner/Vendor/Promoter as per the agreement for sale relating to such development Agreement For Sell is brought to the notice of the Promoter Promoters within a period of 5 (five) years by the Allottee Buyer from the date of handing over possession, it shall be the duty of the Promoter Promoters to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s Owner/Vendor/Promoters’ failure to rectify such defects within such time, the aggrieved Allottees Buyer shall be entitled to receive appropriate compensation in the manner as provided under the Act. The Buyer shall, in order to mitigate any further prejudicial effect, notify the Owner/Vendor/Promoter 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. However, the Owner/Vendor/Promoter shall not be liable for rectification of defects in the following circumstances:
(i) if the same has resulted due to any act, omission or negligence attributable to the Buyer or non-compliance of any Applicable Laws by the Buyer; and
(ii) the defects that are the result of ordinary wear and tear in due course. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also Buyer understands that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered fundamental difference between hand over of the building/constructions or infrastructure services and systems free from defects on the one hand and maintenance of handed over building/constructions or infrastructure services and systems so as to maintain defect free functioning which by its nature is a lifelong process. Accordingly, the continued maintenance of the systems handed over would not be the responsibility of the Owner/Vendor/Promoter, and the Owner/Vendor/ Promoter shall not be liable for rectification of any defects therein. Provided further that in case rectification of any such structural defect or any other defect in workmanship, quality or provision of services by the manufacturer / supplier of such fitmentsOwner/Vendor/Promoter at the Project, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplierreasonably and in the ordinary course requires additional time beyond the said 30 (thirty) days, then the defect liability for such productsOwner/machinesVendor/fitments etc. Promoter shall be restricted and limited entitled to the warranty liability same, provided by 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 manufactureradditional time/supplier 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 completing the rectification if the same is caused due to any non- cooperation from other apartment Allottees/Buyers/Owners and the Association of Buyers. Provided further that the above said responsibility of the Owner/ Vendor/Promoter shall not at cover defects, damage, or malfunction resulting from (i) misuse (ii) unauthorised modifications or repairs done by the Buyer 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. Provided further that the Buyer shall also pay maintenance charges for maintenance of the Project/Complex and its facilities and amenities during the period of first five years and thereafter and in case non- payment of maintenance charges by the Buyer and there being discontinuation of proper maintenance in that event the Owner/Vendor /Promoter shall not be held as liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesas default on its part under this clause.
Appears in 1 contract
Samples: Deed of Conveyance
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within Promoterwithin a period of 5 (five) years by the Allottee from the date of handing over possessionpossession or receipt of the completion certificate whichever is earlier, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the ActXxx.Xx terms of the provisions of the RERA Act & Rules, the word defect hereinabove stated shall mean only the structural defects caused on account of workmanship, quality or provision of service and shall not mean defects caused by normal wear and tear,negligent use of the said flat, Abnormal fluctuations in the temperatures,abnormal heavy rains etc. Provided Any external leakage or external defects to the new building being detected within the above mentioned period of 5 years, the same shall be rectified by the Developer, however any internal repairs inside the flat, not attributable to the Prmoter, shall be carried out by the purchaser at his /her own cost. It is clarified that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed promoter shall not be extended to any such defect if same have been caused by reason of the default and /or negligence of the purchaser or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession any other purchaser in the apartments or areas appurtenant to building including the apartment will not be covered under family members, servants, occupants, against the defect liabilityguidelines, precautions, warranties, warning on the products provided by the promoters/utility providers for the said flat/building/block. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that For any Branded products/material the warranty of will be applied as per the fitments, machines or products etc. for which there is a separate warranty rendered as provided by the manufacturer / supplier concerned branded products and such liability will be cast upon owner company of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such branded products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesservices.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case (a) If within a period of five years from the date of handing over the Apartment to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the Apartment or the building in which the Apartment are situated or any other defect in defects on account of workmanship, quality or provision of services or any other obligations of service, then, wherever possible such defects shall be rectified by the Promoter as per the agreement for sale relating to such development at his own cost and in case it is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter not possible to rectify such defects without further chargedefects, within 30 (thirty) days, and in then the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate from the Promoter, compensation for such defect in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement warranty given above shall be subject 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 fittings therein,
(ii) Allottee 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/ organization of allottees 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, water purification, water treatment plants, solar systems due to lack of maintenance are not covered under the warranty above.
(v) Further the defects and damages arising out of the unauthorized works by purchaser or organization without written permission of the promoter and lack of maintenance shall automatically nullify the warranty given hereby.
(vi) The word ‘defect’ here means only the manufacturing and workmanship defect/s caused on account of wilful neglect on part of the Promoter, and shall not mean defect/s caused by normal wear and tear and by negligent use of apartment by the Occupants, vagaries of nature etc.
(vii) That it shall be the responsibility of the allottee 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 flat are regularly filled with white cement/epoxy to prevent water seepage.
(viii) Further where the manufacturer warranty as shown by the developer to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of ends before the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be defects liability period and such warranties are covered under the defect liability. Provided also maintenance of the said unit/building/phase/ wing, and 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 it to be sustainable and in proper working condition to continue warranty in both the flats and the common project amenities wherever applicable.
(x) That the allottee has been made aware and that the benchmark 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 degree *C and which do not amount to structural defects and hence cannot be attributed to either bad workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesstructural defect.
Appears in 1 contract
Samples: Partnership Agreement
DEFECT LIABILITY. (a) It is agreed that in case any structural defect or any other major defect in workmanship, quality or provision of services or any other obligations of the Promoter as per Company, directly attributable to the agreement for sale Company’s obligations in this Agreement, relating to such development is brought to the notice of the Promoter Company within a period of 5 (five) years by the Allottee from the date of handing over possessionphysical possession of the Unit, it shall be the duty of the Promoter Company to rectify such defects without further charge, within 30 a period of 90 (thirtyninety) days, and in the event of PromoterCompany’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Real Estate Act. Provided .
(b) The Allottee also agree that the Company shall not be responsible in cases (i) where such defect liability mentioned herein this agreement shall be subject has occasioned on account of unauthorized tampering, mishandling, human error or intervention by a technically unqualified person;(ii) where such defects are made or brought about by the Allottee by means of carrying out structural/architectural changes from the original specifications/design; and/or (iii) where the defects are the result of ordinary wear and tear in due course or which are result of failure by the Authorities to provide its obligated services, infrastructure, etc., up to and outside the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any periphery of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will Group Housing Colony/Project shall not be covered under the defect liability. Provided also .
(c) The Allottee hereby confirms and agrees that all fittings, fixtures, etc., shall be made functional at the benchmark time of handing over the physical possession of the workmanship Unit but the maintenance thereof shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty responsibility of the fitmentsAllottee. Intrinsically, machines breakable or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of degradable items like tiles, stones, wooden items, glass, iron grills, modular kitchen, home automation equipment, air conditioning, aluminium items, façade, doors, windows and such fitments, machines or products etc. like shall prevail & supersede any also not be covered under defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesliability.
Appears in 1 contract
Samples: Apartment Buyer’s Agreement
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, of the first Row House/Bungolow/shop/flat of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s Promoter‟s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, of the first Row House / Bungalow of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Row House/ Bungalows or areas appurtenant to the apartment Row House/ Bungalow will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / manufacturer/supplier, then the defect liability for such products/machines/fitments products/ machines /fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/manufacturer/ supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, of the first Apartment/Shop/Flat of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s Promoter‟s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Apartment/Shop/Flat s or areas appurtenant to the apartment Apartment/Shop/Flat will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments machines /fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it or from the date of notice of handing over of possession given by the promoter to the allottee or Completion/ Occupancy Certificate whichever is earlier. Any defect or insufficiency in the allotted Unit with respect to workmanship, quality or provision of services or any obligations of the Promoter as per the agreement for sale relating to such development is noticed by The Allottee can be rectified by the PROMOTER . It shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided Provide that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, otherwise or by the way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or of common areas appurtenant to the apartment said Unit will not be covered under the defect liability. Provided also that If any defect or damage is caused due to the benchmark mishandling of the workmanship allottee or allottee, then such defect and damage is required to be cure by such allottee or allottees and promoter shall not be governed as specified in PWD norms and schedules. Any dispute relating to workmanship liable for such defect shall be resolved in light of these norms onlyor damage. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacturer/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/products/ machines/fitments etc. etc shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and the above the terms and conditions of such respective warranties. It is clearly agreed between the promoter and allottee that the defect liability clause is not applicable in regard to the wear & tear and repair and maintenance.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, of the first Apartment/Shop/Flat of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s Promoter‟s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Apartment/Shop/Flat /Shop/Flat s or areas appurtenant to the apartment Apartment/Shop/Flat will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. 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 Builder as per the agreement for sale relating to such development is brought to the notice of the Promoter Builder within a period of 5 (five) years by the Allottee Buyer from the date of handing over possession, it shall be the duty of the Promoter Builder to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterBuilder’s failure to rectify such defects within such time, the aggrieved Allottees Buyer s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the .
b. The defect liability mentioned herein this agreement shall be subject to the allottee buyer not making any changes of whatsoever nature, whether structural infrastructural or otherwise, or by way of relocation or by tempering tampering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, / damages intentional or by negligence, subsequent to possession in the apartments Bunglow or areas appurtenant to the apartment Bunglow will not be covered under the defect liability. .
c. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter Builder shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties
Appears in 1 contract
Samples: Real Estate Agreement
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development development(Other than normal wear and tear) is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionpossessionand/or the date whenthe possession was offered to allottee,, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. .Provided that the defect thedefect liability mentioned herein this agreement shall be subject to the allottee not of making any changes of whatsoever what so ever nature, whether structural or otherwise, or by way of relocation or of by tempering or modification of any of the installed installed/ construct new wall , column, beam or any part of structure done allottee himself/herself or done by promoter on the written request of allottee or provided components, facilities, fitments, finishes. Any finished, any breakage or damage, damage intentional or by negligenceunintentional defect caused due to negligence or default of allottee or any other person on behalf of allottee, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also further that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the guaranty / warranty of the fitments, machines machines, products or products services etc are given by the supplier/provider of goods, material or services etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall Shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for fitments, products or services etc. For which there is a separate guarantee / warranty provided by its respective manufacturer / supplier, then such manufacturer/trader/supplier the defect liability for such products/machinesmachine/fitments product/ fitments/services etc. shall Shall be restricted and limited to the warranty liability provided by such manufacturer/trader/supplier and the Promoter promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided however, that the Allottee/s shall not carry out any alterations of the whatsoever nature in the said apartment/Flat.If any of such works are carried out without the written consent of the Promoter the defect liability mentioned herein this agreement automatically shall become void. The word defect here means only the manufacturing and workmanship defect/s caused on account of wilful neglect on the part of the Promoter, and shall not mean defect/s caused by normal wear and tear and by negligent use of apartment by the Occupants, vagaries of nature etc.
12.2 That it shall be subject the responsibility of the allottee 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 flat are regularly filled with white cement/epoxy or any other relevant treatment to prevent water seepage. Further where the manufacturer warranty as shown by the developer to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any ends before the defects liability period and such warranties are Covered/open under the maintenance of the installed said unit/building/phase/ wing, and if the annual maintenance contracts are not done/renewed by the allottee/s the promoter shall not be responsible for any defects occurring due to the same. It shall be the duty of the Allottee to visit the site and satisfy Him/her is all respect about the quality of construction. It shall be responsibility of the allottee to satisfy himself/herself in all respect before taking possession of the Apartment/Flat.
12.3 It is expressly agreed that before any liability of defect is claimed by or provided componentson behalf of the allottee, facilitiesit 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 used, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark structure built of the Apartment/flat and in the workmanship shall be governed as specified executed keeping in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light mind the aforesaid agreed clauses of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesthis agreement.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee’s from the date of handing over possession, of the first plot of the 1st phase of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterXxxxxxxx’s failure to rectify such defects within such time, the aggrieved Allottees Allottee’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments plot or areas appurtenant to the apartment plot will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, of the first Apartment/Flat/Shop of the project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s Promoter‟s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Apartment/Flat/Shop s or areas appurtenant to the apartment Apartment/Flat/Shop will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/products/ machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Developer as per the agreement for sale relating to such development is brought to the notice of the Promoter Developer within a period of 5 (five) years by the Allottee Purchasers from the date of handing over possessionobtaining completion certificate, it shall be the duty of the Promoter Developer to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s Developer's failure to rectify such defects within such time, the aggrieved Allottees Purchasers shall be entitled to receive appropriate compensation in the manner as provided under the ActAct It is clarified that the above said responsibility of the Developer 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. Provided that where the manufacturer warranty as shown by the Developer to the Purchasers ends before the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be period and such warranties are covered under the defect liabilitymaintenance of the said Unit/building/phase wing and if the annual maintenance contracts are not done/renewed by the Purchasers, the Developer shall not be responsible for any defects occurring due to the same. Provided also 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 Purchasers has been made aware and the Purchasers expressly agrees that the benchmark 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 shrinkage in concrete, block wok/brick work, plaster, which Is inherent property of cementitious material and which do not amount to structural defects and hence cannot be attributed to either bad workmanship or structural defect. It is expressly agreed that before any liability of defect is claimed by or on behalf of Purchasers it shall be governed as specified in PWD norms and schedules. Any dispute relating necessary to workmanship defect appoint an expert who shall be resolved a nominated surveyor who shall survey and assess the same and then submit a report to state the defects in light of these norms only. Provided however that material used in the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered structure built by the manufacturer / supplier Unit /phase/wing and in the workmanship executed keeping in mind the aforesaid agreed clauses of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesthis Agreement.
Appears in 1 contract
Samples: Partnership Agreement
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for For which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall Shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/products/ machines/ fitments etc. shall Shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possessionpossession or the date of issue the completion/occupancy certificate, whichever is earlier, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided It is expressly agreed and understood that in case the defect liability mentioned herein this agreement Allottee, without first notifying the Promoter and without giving to the Promoter the opportunity to inspect assess and determine the nature of such defect, alters the state and condition of such defect, then the Promoter shall be relieved of its obligations contained in the para immediately preceding and the Allottee shall not be entitled to any cost or compensation in respect thereof. Defect, if any, found in the materials within the warranty period, the Promoter shall replace the same with materials of same value or make, whichever is available in the market at the given point of time. No compensation shall be paid to any Allottee and no extra work shall be carried out by the Promoter. The Allottee shall be solely responsible of the fittings in their respective flats/apartments after possession is handed over and the Promoter shall thereafter not be held responsible and/or liable for the quality of the materials. The Promoter shall, however, not in any manner be responsible and/or liable to undertake repair or rectify malfunction of any electrical equipment, including, but not limited to lift, STP, WTP, Transformer, CCTV, Intercom, which shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not and be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered guided by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then third party's own policy (AMC) with the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier Promoter and the Promoter Supplier Company/Utility Provider shall not at all be liable to provide any cure/cover over and above change, rectify, or repair the items as per the terms agreed upon with the Promoter and conditions the Allottee shall not be entitled to raise any dispute with regard to the same. The Promoter shall also not in any manner be responsible and/or liable to repair any damage that may be caused to the flat/apartment or the common wall of such respective warrantiesthe flat/apartment of the Allottee with any neighbour of the Allottee.
Appears in 1 contract
Samples: Sale Agreement
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not to making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of fo any of the installed or provided components, facilities, fitments, finishesfinished. Any breakage or damage, intentional or by negligenceunintentional defect caused due to negligence of allottee, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacture/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty liability provided by its respective manufacturer / such manufacture/supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Samples: Agreement for Sale
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Promoter, as per the agreement for sale relating to such development 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 offer of possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) ninety days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that,
(a) The above-mentioned liability of the Promoter shall be limited to structural defects only (quality and workmanship).
(b) The Promoter shall not be liable for any such structural/ architectural defect induced by the Allottee, by means of carrying out structural or architectural changes from the original specifications/ design or any misuse thereof; or any act, omission or negligence or non- compliance of any Applicable Laws;
2. It is further clarified that the defect liability mentioned herein this agreement Promoter shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liabilityliable for any defects caused due to normal wear and tear.
(a) The Promoter shall procure fixtures, fittings, equipment and/or services including but not limited to elevator, power back up equipments, pumps etc. Provided also that the benchmark of the workmanship standard makes and these shall be governed as specified in PWD norms and schedulesby their respective warranties provided by their manufactures/installers. Any dispute The said warranties of the same shall be made available to the Allottee/ association of allotees by the
(b) The Promoter having procured the items from standard makes, shall not be liable for any defects relating to workmanship defect the same and the same shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered governed by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its their respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability warranties provided by such manufacturertheir manufactures/supplier installers and the Promoter shall not have no liability in this regard.
4. In case any such structural defect or any other defect in workmanship, quality or provision of services by the Promoter at all the Project, reasonably and in the ordinary course requires additional time beyond the said 90 (ninety) days having regard to the nature of defect, then the Promoter shall be liable entitled to provide any cure/cover over such additional time period, provided an intimation thereof has been provided to the Allottee / the association of allottees / the maintenance agency, as the case may be, prior to expiry of the said initial 90 (ninety) days. The Promoter / Allottee / the association of allottees / the Maintenance Agency shall mutually work upon and above the terms agree to a reasonable and conditions justifiable additional time period for rectification of such respective warrantiesdefects. The Allottee hereby agrees to such additional time / extension of time.
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Samples: Sale Agreement