DEVELOPER: LIABILITY FOR DEFECTS Sample Clauses

DEVELOPER: LIABILITY FOR DEFECTS. 9.1 The Property is sold subject to the conditions, reservations and servitudes contained in the sectional title register and such conditions of sectional title as may be imposed by the Developer, the City of Cape Town or any other authority. Save as provided for in the Consumer Protection Act and this Agreement to the contrary, the Purchaser purchases the Property “voetstoots” and shall have no claim against the Seller respect of defects whether latent or patent in the Property or the Common Property of the Scheme. 9.2 The Seller shall notify the Purchaser of the issue of the Occupation Certificate by the City of Cape Town. The Seller (or his Agent) and Purchaser shall inspect the Unit and shall complete and sign Acceptance of Handover Document after such inspection. 9.3 The Purchaser shall in writing, within 10 days of taking occupation, identify all Snags in the Unit on the Snag List provided by Seller, where after the Seller shall attend to such snags within 3 (three) months of the Purchaser taking occupation. 9.4 If there is any dispute regarding the existence or extent of any defect referred to in Clause 9.3 above, the matter shall be referred to the Architect, whose decision shall be final and binding upon the parties. 9.5 The Seller shall within a reasonable time remedy any defect in respect of roof leaks and gutter leaks in the Building which may manifest themselves within 1 year after the Occupation Date provided that the Purchaser notifies the Seller in writing within the said period of 1 year of any such defects, failing which, the Purchaser shall be deemed to have accepted the Property in the condition in which the same are as at the Occupation Date. 9.6 The Seller shall within a reasonable time remedy any material structural defects in the Building which may manifest themselves within 5 (five) years after the Occupation Date provided that the Purchaser notifies the Seller in writing within the said period of 5 years of any such defects, failing which, the Purchaser shall be deemed to have accepted the Property in the condition in which the same are as at the Occupation Date. 9.7 It is inevitable that hairline cracks occur. These cracks are not of a structural nature and are caused by shrinkage and movement between building materials or settlement. These cracks are considered normal maintenance. The Seller shall not repair any cracking of this nature. 9.8 The Seller shall not be held responsible for any mould growth caused by lack of ventilati...

DEVELOPER: LIABILITY FOR DEFECTS. The property is sold subject to the conditions, reservations and servitudes contained in the sectional title register and such conditions of sectional title as may be imposed by the Seller, the local authority or any other authority. Save as provided for in the Consumer Protection Act and this contract to the contrary, the Purchaser purchases the property “voetstoots” and shall have no claim against the Seller in respect of defects whether latent or patent in the property or the common property of the scheme.

DEVELOPER: LIABILITY FOR DEFECTS. 10.1 The seller undertakes to repair 10.1.1 any latent defect in the unit of which the seller is advised in writing within a period of 6 (SIX) months from the occupation date;

DEVELOPER: LIABILITY FOR DEFECTS. 7.1 The unit is sold subject to the conditions, reservations and servitudes contained in the title deeds of the land and the sectional title register and such conditions of sectional title as may be imposed by the developer, the local authority or any other authority. 7.2 The seller undertakes to repair: 7.2.1 any defect in the structure of the unit which is due to faulty materials and/or improper workmanship, of which the seller is advised in writing within a period of twenty one (21) days from the occupation date; 7.2.2 any defect in the fixtures or fittings in the unit which is due to faulty materials and/or improper workmanship, of which the seller is advised in writing within a period of twenty one (21) days from the occupation date; 7.2.3 any failure in the waterproofing of the unit of which the seller is advised in writing within twelve months of the date of occupation. The seller shall not under any circumstances be liable to any party for any defect, latent or patent, in the unit or the common property of which the seller is not advised as specified within the time periods stipulated herein. 7.3 If there is any dispute regarding the existence or extent of any defect referred to in clause 7.2, the matter shall be referred to the architect, whose decision shall be final and binding upon the parties. 7.4 The purchaser shall not be entitled to claim cancellation of this agreement or any reduction in the purchase price by reason of any minor variations between the plans and the sectional plan as finally registered or any alteration size, location or participation quota of any section as reflected on the plans. 7.5 Although the seller shall be liable within the period referred in clause 7.2.3 to make good any cracks or defects in the waterproofing giving rise to any leak, the seller shall not be liable for any consequential damages arising from the leakage, for example any repair to or replacement of carpets, household goods, electrical appliances and the like, all of which shall be for the account of the purchaser. 7.6 If, at any time the purchaser fails to make payment of any amount which is at that time owing due and payable to the seller, the seller shall not be obliged to commence or complete any remedial work in terms of this paragraph until the entire amount then outstanding has been paid.

DEVELOPER: LIABILITY FOR DEFECTS. 6.1 The Unit is sold subject to the conditions, reservations and servitudes contained in the sectional title register and such conditions of sectional title as may be imposed by the developer, the local authority or any other authority. Save as provided for in the Consumer Protection Act and this contract to the contrary, the Purchaser purchases the property “voetstoots” and shall have no claim against the Seller in respect of defects whether latent or patent in the property or the Common Property of the scheme. 6.2 Notwithstanding the above, the Seller shall rectify any defects or fault in the Unit, which arises from faulty materials or workmanship and which appears within a period of 6 (six) months from the occupation date, provided that notice of any defects or faults are given in writing by the Purchaser to the Seller within the said period. In the event that the Purchaser fails timeously to notify the Seller of any defects, the Purchaser shall have no further claims against the Seller for rectification of such defects. 6.3 If there is any dispute regarding the existence or extent of any defect referred to in 6.2, the matter shall be referred to the architect, whose decision shall be final and binding upon the parties. 6.4 If, at any time the Purchaser fails to make payment of any amount which is at that time owing due and payable to the Seller, the Seller shall not be obliged to commence or complete any remedial work in terms of this paragraph until the entire amount then outstanding has been paid.

Related to DEVELOPER: LIABILITY FOR DEFECTS

Liability for defects 5.1 The Customer is required to inspect the delivered Products without undue delay after delivery and to report any defects. 5.2 The delivered Products are deemed to have been approved if XXXX, with regard to obvious defects, obvious shortages or other defects which were or would have been identifiable in the course of an immediate, careful inspection, has not received notifi- cation of the defect within 7 days of delivery of the product, or otherwise – in the case of unclear or hidden defects – within 7 days of the discovery of the defect or the time at which the defect was identifiable to the Customer in the course of normal use of the Product without closer inspection. 5.3 In the event of a justified complaint, the Customer will be entitled to two attempts to rectify defects or make a replacement delivery at XXXX'x discretion free of charge within a reasonable period of time. Shortages will be delivered subsequently. If two attempts to rectify defects or make a replacement delivery within a reasonable period of time are unsuccessful, the Customer will be entitled to the statutory rights, subject to the provisions of clause 7. Subsequent performance will include neither removal of the defective item nor reassembly if XXXX was not originally required to carry out assembly. The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs (not: removal and assembly costs), insofar as these are not increased because the subject matter of the contract is located at a place other than our Customer's place of performance, will be borne by XXXX if there is actually a defect. Otherwise, XXXX may demand compensation from the Customer for the costs incurred by the unjustified request for rectification of the defect (in particular inspection and transport costs), unless the lack of defectiveness was not identifiable for the Customer. XXXX can refuse to rectify defects or make a replacement delivery if the Customer does not fulfil its payment obligations towards XXXX to an extent that corresponds to the defect-free part of the service provided. 5.4 No warranty will be assumed, in particular, in the following cases: Unsuitable or in- correct use by the Customer or by third parties instructed by the Customer, in particular through the use of insufficiently qualified personnel, faulty assembly or commission- ing, natural wear and tear (wearing parts), faulty or negligent handling, improper maintenance, unsuitable operating materials, defective construction work, unsuitable construction land, chemical, electrochemical or electrical influences, provided XXXX is not responsible for these circumstances. 5.5 XXXX is also not required to provide a warranty insofar as defects of Products are based on defective materials supplied by the Customer or insofar as defects of Products are based on the fact that the Customer has prescribed the execution of the order ac- cording to construction plans of third parties. 5.6 A delivery of used Products agreed with the Customer in the individual case is made to the exclusion of any warranty, unless XXXX has caused the defect intentionally or through gross negligence or has fraudulently concealed the defect. 5.7 The warranty period will be one year from delivery or, where acceptance was stipu- lated, from acceptance. Replaced parts will become our property and must be sent to us at our request. If shipping, assembly or commissioning is delayed through no fault of our own, our liability will expire no later than twelve months after the transfer of risk. 5.8 The right of recovery in accordance with sections 445a, 445b German Civil Code (BGB) is excluded, unless XXXX has caused the defect intentionally or by gross neg- ligence or has fraudulently concealed the defect.
Liability for Damage Each party shall be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy.
Liability for Damages 1. The Purchaser shall be liable for any damages sustained by the State arising from Purchaser’s breach of the terms of this Contract and the State may cause all or part of the performance bond to be forfeited to recover such damages. 2. In the event that a portion of the timber sale under this Contract is resold as a result of the Purchaser’s forfeiture and the stumpage rate pursuant to the resold contract is lower than the stumpage rate provided herein, the difference between the original rate and the new rate shall be considered damages and the Purchaser shall be liable to the State for those damages. The State may cause all or part of the Purchaser’s performance bond to be forfeited to recover such damages.
Member Liability You are responsible for all transfers you authorize using your Card under this Agreement. If you permit other persons to use your Card or your PIN, you are responsible for any transactions they authorize or conduct on any of your accounts. However, tell us at once if you believe anyone has used your PIN or accessed your accounts without your authority. Telephoning is the best way of keeping your possible losses down. For Visa Debit Card purchase transactions, if you notify us of your lost or stolen card within twenty-four (24) hours of discovery and meet certain conditions, you may not be liable for any losses. This zero liability will apply only if: (i) you can demonstrate that you exercised reasonable care in safekeeping your Card from risk of loss or theft; (ii) you have not reported two or more incidents of unauthorized use to us within the preceding 12 months; and (iii) your account is in good standing. If you notify us of your lost or stolen Card after twenty-four (24) hours of discovery or do not satisfy the conditions set forth above, your maximum liability for losses to your account may be up to $50. These liability limits will apply, provided you did not receive a benefit or the unauthorized use of your Card was by someone without actual, implied, or apparent authority, otherwise the liability limits set forth below may apply. For all other EFT transactions, including ATM Card transactions, if you tell us within two (2) business days, you can lose no more than $50 if someone accessed your account without your permission. If you do not tell us within two (2) business days after you learn of the unauthorized use of your account or Card, and we can prove that we could have stopped someone from accessing our account without your permission if you had told us, you could lose as much as $500. Your liability for unauthorized loan transactions through an EFT service is $50. Also, if your statement shows EFT transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you, you may be liable for the following amounts if we can prove that we could have stopped someone from making the transfers if you had told us in time: (i) for unauthorized Visa Debit Card purchase transactions - up to the limits set forth above and (ii) for all other unauthorized ATM transactions - up to the full amount of the loss. If a good reason (such as a hospital stay) kept you from telling us, we will extend the time periods. If you believe your Card or PIN have been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call: (000) 000-0000 or write: Alaska Air Group Credit Union 00000 Xxxxxxxxxxxxx Xxxx X, Xxx 000 XxxXxx, XX 00000
Liability for Specific Obligations The Administrator will be liable only for its specific obligations under this Agreement. All other liability is expressly waived and released as a condition of, and consideration for, the execution of this Agreement by the Administrator. The Administrator will be liable for its willful misconduct, bad faith or negligence in performing its obligations under this Agreement.
Liability for Default 11.1 The Parties agree and acknowledge that if any Party (“Defaulting Party”) breaches any provision of this Agreement, or fails to perform any obligation under this Agreement, it shall constitute a default under this Agreement (“Default”) and the non-defaulting Party shall be entitled to request the Defaulting Party to cure such Default or take remedies within a reasonable time period. If the Defaulting Party fails to cure such Default or take remedies within such reasonable time period or within ten (10) days after the non-Defaulting Party notifies the Defaulting Party in writing and requests it to cure such Default, then the non-defaulting Party is entitled to decide at its discretion: 11.1.1 If Party B is the Defaulting Party, Party A shall be entitled to terminate this Agreement and request the Defaulting Party to indemnify it against all the damages, or to request the Defaulting Party to continue to perform its obligations under this Agreement and to request the Defaulting Party to indemnify it for all the damages; 11.1.2 If Party A is the Defaulting Party, Party B shall be entitled to request the Defaulting Party to indemnify it for all the damages, unless otherwise stipulated by the Laws, the non-defaulting Party shall not be entitled to terminate or cancel this Agreement under any circumstances. 11.2 Notwithstanding any other provisions of this Agreement, the validity of this Section 11 shall not be affected by any suspension or termination of this Agreement.
Cyber Liability identity theft insurance with a combined limit of Two Million Dollars ($2,000,000) per claim and Two Million Dollars ($2,000,000) general aggregate;
Defects Liability 9.1 In this Contract, and subject to Clause 9.2, a defect shall mean any non-conformity of the Supplies with the express terms of this Contract resulting from circumstances existing in the Supplies at the time of the transfer of risk to the Customer (“Defects”). 9.2 In particular, the following shall not be Defects: a) normal wear and tear, non-conformity resulting from excessive strain, b) non-conformity resulting from faulty or negligent handling; non-compliance with instructions or recommendations in operation or maintenance manuals and other documents; c) installation, erection, modification, commissioning, or pre-commissioning, in each case not carried out by Xxxxxxx, d) non-reproducible software errors, e) defects which do not significantly impair the use of the respective Supplies. 9.3 The Customer shall immediately inspect the Supplies upon delivery and shall notify Flender in writing of any Defects without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Flender shall, at its option, remedy a Defect by repair, replacement, or re-performance. Flender shall be given a reasonable period of time and opportunity to remedy the Defect. For this purpose, the Customer shall xxxxx Xxxxxxx working access to the non- conforming Supplies, shall undertake any necessary dis-assembly and re-assembly, and shall provide access to operation and maintenance data, all at no charge to Flender. Upon Flender’s request, the Customer shall ensure that the title to the replaced parts/items shall pass to Flender. 9.4 Unless otherwise agreed, the defects liability period for any part of the Supplies is 12 months. It starts at the date of transfer of risk. For replaced or repaired parts of the Supplies, the defects liability period is 6 months from the date of replacement or repair, if the original defects liability period for the Supplies expires earlier. In any event, the defects liability period shall end no later than 24 months from the beginning of the original defects liability period. 9.5 If software is defective, Flender shall only be obliged to provide the Customer with an updated version of the software in which the Defect has been remedied when such updated version is reasonably available from Flender or, if Flender is only licensee, from Flender’s licensor. If the software has been modified or individually developed by Flender, Flender shall in addition provide the Customer with a workaround or other interim corrective solution until the provision of an updated version of the software, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be substantially impeded. 9.6 If Flender carries out remedial work and it is ultimately not established that there was a Defect, the Customer shall pay Flender for such remedial work including error diagnosis. 9.7 Any other liability of Flender and rights and remedies of the Customer in case of defects of the Supplies, other than those expressly stipulated in this Clause 9 or , in case Flender failed at least three times in remedying the defect, in Clause 15.2b) shall be excluded. All warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or law are, to the fullest extent permitted by applicable law, excluded from this 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 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.
Responsibility for Damages Contractor is responsible for all damage that occurs as a result of Contractor’s fault or negligence or that of its’ employees, agents, or representatives in connection with the performance of this Contract. Contractor shall immediately report any such damage to people and/or property to the Contract Administrator.

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