Common use of IDENTIFICATION OF DEFICIENCIES Clause in Contracts

IDENTIFICATION OF DEFICIENCIES. (a) The Purchaser (or its authorised nominee) will be entitled to one (1) time inspection of the Unit prior to the Completion Date (on a date and at a time agreed with the Project Manager and as shall be notified to the Purchaser) for the purpose of inspecting the Unit for any defects and deficiencies (excluding any minor settlement cracks) (“Deficiencies”). The Project Manager (or its nominee) shall accompany the Purchaser at such inspection.‌ (b) During the inspection referred to in clause 4.1(a) the Purchaser shall list out any Deficiencies that are identified in the Unit. The list of Deficiencies specified shall then be conclusively determined and finalised by the Project Manager and submitted to the Contractor for the purposes of rectification of such Deficiencies within a reasonable period of time (such period to be notified to the Purchaser by the Project Manager).‌ (c) The Purchaser agrees that the Seller will not be obliged to rectify any Deficiencies prior to the Completion Date and that the rectification of such Deficiencies will not affect or delay the Completion Date or the obligations of the Purchaser under this Agreement including the obligation to pay the Final Instalment (and any other moneys due and payable under this Agreement) on the Completion Date. (d) The Purchaser agrees that any Deficiencies submitted to the Seller for rectification pursuant to clause 4.1(b) will be rectified by the Contractor (or the Seller) to the exclusive satisfaction of DRAFT (e) In the event of any dispute concerning any Deficiencies and/or their rectification, a decision by the Project Manager in this respect will be final and binding on the Seller and the Purchaser.

IDENTIFICATION OF DEFICIENCIES. (a) The Purchaser (or its authorised nominee) will be entitled to one (1) time inspection of the Unit prior to the Completion Date (on a date and at a time agreed with the Project Manager and as shall be notified to the Purchaser) for the purpose of inspecting the Unit for any defects and deficiencies (excluding any minor settlement cracks) (“Deficiencies”). The Project Manager (or its nominee) shall accompany the Purchaser at such inspection.‌ (b) During the inspection referred to in clause 4.1(a) the Purchaser shall list out any Deficiencies that are identified in the Unit. The list of Deficiencies specified shall then be conclusively determined and finalised by the Project Manager and submitted to the Contractor for the purposes of rectification of such Deficiencies within a reasonable period of time (such period to be notified to the Purchaser by the Project Manager).‌ (c) The Purchaser agrees that the Seller will not be obliged to rectify any Deficiencies prior to the Completion Date and that the rectification of such Deficiencies will not affect or delay the Completion Date or the obligations of the Purchaser under this Agreement including the obligation to pay the Final Instalment (and any other moneys due and payable under this Agreement) on the Completion Date. (d) The Purchaser agrees that any Deficiencies submitted to the Seller for rectification pursuant to clause 4.1(b) will be rectified by the Contractor (or the Seller) to the exclusive satisfaction of the Project Manager in its absolute discretion. DRAFT (e) In the event of any dispute concerning any Deficiencies and/or their rectification, a decision by the Project Manager in this respect will be final and binding on the Seller and the Purchaser.