Common use of LIMITATION OF LIABILITY; DISCLAIMER Clause in Contracts

LIMITATION OF LIABILITY; DISCLAIMER. i) Notwithstanding anything stated in Clause 12, 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. 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 obligations shall also be subject to the Allottee continuing and ensuring that the Association shall continue with all annual maintenance contracts for equipment/ material installed/used within the Residential Project. The Allottee also acknowledges that non-structural cracks may appear in the external and internal walls of the Building on account of variations in temperature or due to occurrence of events of Force Majeure, which shall not be covered under the defect liability obligations of the Promoter. It is expressly agreed that before any liability of defect is claimed by or on behalf of the Allottee, it shall be necessary for the Parties to mutually appoint an expert at the cost and expense of the Allottee, who shall be an independent surveyor who shall survey and assess such alleged defect and submit a report in this regard. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the Promoter shall not be liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party, unless it results in a structural defect.

LIMITATION OF LIABILITY; DISCLAIMER. i) 33.5.1 Notwithstanding anything stated in Clause 12, 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 pumps and gym equipmenttransformers) which carry manufacturer’s guarantees for a limited period; (ii) fittings relating to plumbing, sanitary, electrical, hardware, etc. 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 obligations shall also be subject to the Allottee continuing and ensuring that the Association shall continue with all annual maintenance contracts for equipment/ material installed/used within the Residential Project. The Allottee also acknowledges that non-structural cracks may appear in the external and internal walls of the Building on account of variations in temperature or due to occurrence of events of Force Majeure, which shall not be covered under the defect liability obligations of the Promoter. It is expressly agreed that before any liability of defect is claimed by or on behalf of the Allottee, it shall be necessary for the Parties to mutually appoint refer the same to an expert independent expert, who shall be a third party appointed by the Promoter at the cost and expense of the Allottee, who shall be an independent surveyor and who shall survey and assess such alleged defect and submit a report in this regard. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the Promoter shall not be liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party, unless it results in a structural defect.

LIMITATION OF LIABILITY; DISCLAIMER. i) 33.6.1 Notwithstanding anything stated in Clause 12, the Promoter shall not be liable for defects pertaining to the following: (i) equipment (including but not limited to, lifts, generators, motors, sewerage treatment plantspumps, transformers and gym equipmentequipment etc.) which carry manufacturer’s guarantees for a limited period; (ii) fittings relating to plumbing, sanitary, electrical, hardware, etc. 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 obligations shall also be subject to the Allottee continuing and ensuring that the Association shall continue with all annual maintenance contracts for equipment/ material installed/used within the Residential Project. The Allottee also acknowledges that non-structural cracks may appear in the external and internal walls of the Building on account of variations in temperature or due to occurrence of events of Force Majeure, which shall not be covered under the defect liability obligations of the Promoter. It is expressly agreed that before any liability of defect is claimed by or on behalf of the Allottee, it shall be necessary for the Parties to mutually appoint an expert at the cost and expense of the Allottee, who shall be an independent surveyor who shall survey and assess such alleged defect and submit a report in this regard. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the PromoterPromoter including but not limited to as mentioned in sl. nos. (i) to (iv). Provided further that, the Promoter shall not be liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party, unless it results in a structural defect.

LIMITATION OF LIABILITY; DISCLAIMER. i) 33.7.1 Notwithstanding anything stated in Clause 12, 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. 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 obligations shall also be subject to the Allottee continuing and ensuring that the Association shall continue with all annual maintenance contracts for equipment/ material installed/used within the Residential Project. The Allottee also acknowledges that non-structural cracks may appear in the external and internal walls of the Building on account of variations in temperature or due to occurrence of events of Force Majeure, which shall not be covered under the defect liability obligations of the Promoter. It is expressly agreed that before any liability of defect is claimed by or on behalf of the Allottee, it shall be necessary for the Parties to mutually appoint an expert at the cost and expense of the Allottee, who shall be an independent surveyor who shall survey and assess such alleged defect and submit a report in this regard. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the Promoter shall not be liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party, unless it results in a structural defect.

LIMITATION OF LIABILITY; DISCLAIMER. i) 39.1. Notwithstanding anything stated in Clause 12, the Promoter shall not be liable for defects pertaining to the following: (i) equipment (including but not limited to, lifts, generators, motors, sewerage sewage treatment plants, transformers and gym equipment) which carry manufacturer’s guarantees for a limited period; (ii) fittings relating to plumbing, sanitary, electrical, hardware, etc. 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 obligations shall also be subject to the Allottee continuing and ensuring that the Association shall continue with all annual maintenance contracts for equipment/ material installed/used within the Residential Project. The Allottee also acknowledges that non-structural cracks may appear in the external and internal walls of the Building on account of variations in temperature or due to occurrence of events of Force Majeure, which shall not be covered under the defect liability obligations of the Promoter. It is expressly agreed that before any liability of defect is claimed by or on behalf of the Allottee, it shall be necessary for the Parties to mutually appoint an expert at the cost and expense of the Allottee, who shall be an independent surveyor who shall survey and assess such alleged defect and submit a report in this regard. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the Promoter shall not be liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party, unless it results in a structural defect.

LIMITATION OF LIABILITY; DISCLAIMER. i) a. Notwithstanding anything stated in Clause 12, the Promoter and/or BAPL shall not be liable for defects pertaining to the following: (ia) 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; (iib) fittings relating to plumbing, sanitary, electrical, hardware, etc. having natural wear and tear; (iiic) allowable structural and other deformations including expansion quotient; and (ivd) normal wear and tear, accidents or misuse. .The Promoter’s and/or BAPL’s defect liability obligations shall also be subject to the Allottee continuing Allotteecontinuing and ensuring that the Association shall continue with all annual maintenance contracts for equipment/ equipment/material installed/used within the Residential Project. The Allottee also acknowledges that non-structural cracks may appear in the external and internal walls of the Building on account of variations in temperature or due to occurrence of events of Force Majeure, which shall not be covered under the defect liability obligations of the Promoter. It Promoter and/or XXXX.Xx is expressly agreed that before any liability of defect is claimed by or on behalf of the Allottee, it shall be necessary for the Parties to mutually appoint an expert at the cost and expense of the Allottee, who shall be an independent surveyor who shall survey and assess such alleged defect and submit a report in this regard. Provided that, the Promoter and/or BAPL shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has or BAPLhas no control or any defect or deficiency which is not attributable to the PromoterPromoteror BAPL. Provided further that, the Promoter and/or BAPL shall not be liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party, unless it results in a structural defect.

LIMITATION OF LIABILITY; DISCLAIMER. i) Notwithstanding anything stated in Clause 12, 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. 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 obligations shall also be subject to the Allottee continuing and ensuring that the Association shall continue with all annual maintenance contracts for equipment/ material installed/used within the Residential Project. The Allottee also acknowledges that non-non- structural cracks may appear in the external and internal walls of the Building on account of variations in temperature or due to occurrence of events of Force Majeure, which shall not be covered under the defect liability obligations of the Promoter. It is expressly agreed that before any liability of defect is claimed by or on behalf of the Allottee, it shall be necessary for the Parties to mutually appoint an expert at the cost and expense of the Allottee, who shall be an independent surveyor who shall survey and assess such alleged defect and submit a report in this regard. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the Promoter shall not be liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party, unless it results in a structural defect.

LIMITATION OF LIABILITY; DISCLAIMER. i) 33.6.1 Notwithstanding anything stated in Clause 12, 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. 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 obligations shall also be subject to the Allottee continuing and ensuring that the Association shall continue with all annual maintenance contracts for equipment/ material installed/used within the Residential Project. The Allottee also acknowledges that non-structural cracks may appear in the external and internal walls of the Building on account of variations in temperature or due to occurrence of events of Force Majeure, which shall not be covered under the defect liability obligations of the Promoter. It is expressly agreed that before any liability of defect is claimed by or on behalf of the Allottee, it shall be necessary for the Parties to mutually appoint an expert at the cost and expense of the Allottee, who shall be an independent surveyor who shall survey and assess such alleged defect and submit a report in this regard. Provided that, the Promoter shall not be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to the Promoter. Provided further that, the Promoter shall not be liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party, unless it results in a structural defect.