Rectification of Defects. 12.1. The Purchaser shall be entitled to submit a written list listing (i) any patent defects in the Property (the "Patent Defects List") to the Seller by no later than 30 (thirty) days after the Occupation Date and (ii) any latent defects in the Property (the "Latent Defect List") to the Seller within 90 (ninety) days of the Occupation Date.
12.2. If neither the Patent Defects List nor the Latent Defects List is furnished to the Seller within the period stipulated in this clause in 12.1, then the Purchaser shall be deemed to have accepted the Property to be in a fit and proper condition and free of any defects (whether latent or patent).
12.3. If the Patent Defects List and the Latent Defects List, as the case may be, is furnished to the Seller timeously then, subject always to the provisions of clauses 12.2, 12.5 and 12.6, the Seller shall cause reasonable repairs to items on the such list(s) for which it is responsible, to be effected as soon as reasonably possible, after receipt of the Patent Defects List of the Latent Defects List (as the case may be).
12.4. After the Seller has attended to remedy the defects for which it is liable in accordance with the provisions of this in this clause 12, no liability shall attach to the Seller in respect of any defects in the Property and (save as may be elsewhere provided) and the Purchaser shall have no further claim in respect of the Property against the Seller.
12.5. The Seller's obligations in terms of this clause 12 shall:-
12.5.1. only apply in respect of defects arising as a result of faulty workmanship or materials used in the construction of the Property and for no other defects, howsoever arising;
12.5.2. only apply, for so long as the Purchaser is the registered owner of the Property (and subject to the Purchaser having submitted the aforementioned defects list/s);
12.5.3. not apply in respect of or arising in any way from any work, carried out by any person appointed directly by the Purchaser or by any consultant, designer, agent, employee, or other person authorised by the Purchaser and effected at the instance of the Purchaser;
12.5.4. not apply to any defects in the Property directly or indirectly caused by the wilful or negligent acts or omission of the Purchaser or any occupant who occupies or uses the Property (or part thereof) with the knowledge of the Purchaser;
12.5.5. not apply to any defect manifesting itself subsequent to the submission of the Latent Defects List or the Patents Defects Lis...
Rectification of Defects. (a) The Developer will use its best endeavours to have rectified any reasonable defect notified to the Developer in accordance with clause 8.4 prior to the Date for Completion.
(b) If the Developer has been unable to arrange the completion of any rectification work notified in accordance with clause 8.4 prior to the Date for Completion, the Buyer may not delay Completion and any unrectified defects will be completed in accordance with clause 7.
(c) The submission of a defects list in accordance with clause 8.4 or the failure to submit a list of defects in accordance with clause 8.4 in no way derogates from the Buyer's rights under clause 7.
Rectification of Defects. 23.1 The Council may give the Developer a Rectification Notice during the Defects Liability Period.
23.2 The developer, at its own cost, is to comply with a Rectification Notice according to its terms and to the reasonable satisfaction of the council.
23.3 The Council is to do such things as are reasonably necessary to enable the Developer to comply with a Rectification Notice that has been given to it under clause 23.1.
Rectification of Defects. 1. The Purchaser shall be obliged, within 14 (fourteen) days from date of written notification by the Developer or his nominee that the Property is ready for inspection, notify the Developer in writing of all or any defects in the Property, failing which the Purchaser shall be deemed to have accepted the Property in good order and condition. The written notification shall be hand delivered by the Purchaser to the Developer’s chosen domicilium address. The Developer shall cause all such reasonable repairs as may be necessary to rectify such defects in accordance with the approved building plans to be effected within 30 (thirty) days of such notification, at the Developer's cost.
2. Any deviation from the building works, fixtures and fittings not reflected on the building plans will be for the purchaser’s account.
3. The Purchaser shall further be obliged, within 14 (fourteen) days after Occupation Date, to notify the Developer in writing of such defects that still require attention and the Developer shall cause all such reasonable repairs as may be necessary to rectify such defects to be effected within 30 (thirty) days of such notification, at the Developer's cost. This written notification shall be hand delivered by the Purchaser to the Developer’s chosen domicilium address.
4. The Purchaser shall allow the Developer and workmen access to the Property, within 7 days of request, during normal business hours in order to attend to the reasonable repairs.
5. The Developer shall only be responsible for defects relating to faulty materials and/or workmanship and the Developer shall under no circumstances be liable for any consequential loss or damage. The Purchaser hereby waives any claim relating to any such loss or damage.
6. A certificate issued by the Architect to the effect that any defect has been rectified shall be final and binding on both parties and shall relieve the Developer from any further obligation in respect of such defect.
7. The Purchaser acknowledges and agrees that the Purchaser shall have no claim against the Developer in respect of defects, whether latent, patent or otherwise in the Common Property or the Property save for defects of which the Purchaser has notified the Developer in accordance with the aforegoing provisions.
8. The Developer warrants that in respect of the Buildings :
11.8.1 the building contractor engaged to construct and erect the Buildings, is registered as a home builder;
11.8.2 the Buildings will be enrolled with the...
Rectification of Defects. Unless stated otherwise in Schedule 2 Scope, Section 2 Defects, Hazard Notices & Observations Resulting from Inspections and or 3 Inspection & Maintenance – Roads Including Landscape, Defects shall be temporarily and or permanently rectified by the Operating Company in accordance with the Trunk Road Information Manual.
Rectification of Defects. (a) Save and except as otherwise expressly provided in this Agreement, if the Project or any part thereof shall suffer any loss or damage during the Concession Period, from any cause whatsoever, the Concessionaire shall, at its cost and expense rectify and remedy such loss or damage in a manner so as to make the Project conform in every respect to the Specifications and Standards, quality and performance as prescribed by this Agreement.
(b) In the event the Concessionaire does not maintain and/ or repair the Project or part thereof up to and in accordance with the Specifications and Standards and / or in accordance with the Maintenance Programme or the Maintenance Manual or the O&M Inspection Report, as the case may be, and shall have failed to commence remedial works within (7) Seven days of notice in this behalf from ITEL, ITEL shall, without prejudice to its rights/remedies under this Agreement, including Termination, be entitled to undertake to cause the repair and maintenance of the Project at the risk and cost of the Concessionaire. The Concessionaire shall reimburse to ITEL within seven days of demand the costs and expenses incurred by ITEL for undertaking such repairs and maintenance.
(c) If the Concessionaire commences any works for curing any defects or deficiencies in the Project, it shall complete such works expeditiously in accordance with Good Industry Practice.
(d) The Concessionaire shall not be considered in breach of its obligations under this Agreement if any part of the Project is not available on account of any of the following, for the duration thereof:
(i) Force Majeure Event;
(ii) compliance with a request from ITEL or the directions of any Government Agency the effect of which is to close all or any part of the Project. Notwithstanding the above, the Concessionaire shall keep all unaffected parts of the Project for use provided they can be safely operated and kept open for users.
Rectification of Defects. Should Customer have furnished a written list of defects in good time, OT shall rectify the specified defects within a reasonable period, taking the project plan into account. OT shall again provide the Work Product for (partial) acceptance.
Rectification of Defects. 16.1 During the Defects Liability Period the Council may give to the Developer a Defects Notice in relation to the Footpath Works specifying:
16.1.1 the Footpath Works requiring rectification,
16.1.2 the action required to be undertaken by the Developer to rectify those Footpath Works, and
16.1.3 the date on which those Footpath Works are to be rectified.
16.2 A Defects Notice must contain the following information:
(a) the nature and extent of the Defect;
(b) the work Council requires the Developer to carry out in order to rectify the Defect; and
(c) the time within which the Defect must be rectified (which must be a reasonable time and not less than 10 Business Days).
16.3 The Developer must comply with a Defects Notice at its own cost according to the terms of the Notice.
16.4 The parties agree that Transport for NSW will be responsible for issuing defects notices in relation to the Offsite Roadworks and the Developer will comply with Transport for NSW’s lawful requirements in relation to defects.
16.5 When the Developer considers that rectification is complete, the Developer may give to the Council a Defects Certificate relating to the Footpath Works the subject of the relevant Defects Notice.
16.6 A Defects Certificate discharges the Developer from any further obligation to comply with the relevant Defects Notice.
16.7 If the Developer does not comply with a Defects Notice and a Dispute Notice has not been issued, the Council may do all such things as are necessary to rectify the defect and may:
16.6.1 call upon the Security to meet its costs in rectifying the defect, and
16.6.2 recover, as a debt due in a court of competent jurisdiction, any difference between the amount of the Security and the costs incurred by the Council in rectifying the defect.
Rectification of Defects. 16.1 Any defect in the Building which is notified to the Builder in writing within 45 days after Practical Completion, or within 12 months after completion of the Building Work if section 362Q of the Building Act 2004 applies to this Contract, shall be rectified by the Builder at the Builder's expense, within a reasonable time. The notification of any defect must be sufficiently detailed so that the Builder knows precisely what is required to be done.
16.2 In this Part 16 a “defect” means any fault or flaw in the Building Work or the Building which is sufficient to constitute a breach of the Builder’s obligations under clause 2.1 or any implied warranties or guarantees, and “rectified” means remedied, re-done, fixed or completed so that the relevant item complies with those obligations. Defects do not include:
a) Mere cosmetic blemishes, imperfections, or trivial faults or flaws that are within the tolerances normally regarded as acceptable according to common trade practice. Sample
b) Any failure to achieve standards of finish or detail that are beyond what is required by the Contract Documents (subject to any Variations) and (if applicable) the relevant Building Consent.
c) Any fault or flaw that is attributable to the acts or omissions of, or materials supplied by, anyone who has contracted directly with the Owner.
d) Any fault or flaw that is attributable to any event or occurrence beyond the Builder’s reasonable control or the acts or omissions of anyone for whom the Builder is not responsible.
e) Any fault or flaw that is attributable to fair wear and tear, or any failure by the Owner to adequately maintain, preserve, protect and care for the Building.
16.3 The Builder is both obliged and entitled to rectify any defects in accordance with clause 16.1. The Owner must give the Builder a reasonable opportunity to rectify any defects that are notified in accordance with that clause and shall not engage anyone else to do so unless and until a reasonable time has elapsed and the Owner has given the Builder at least 20 Working Days’ notice of the Owner’s intention to engage someone else, or the Builder has permanently and unequivocally abandoned the Project.
Rectification of Defects. 17.1 The Purchaser undertakes to give the Seller written notification of any defects manifesting themselves in relation to the Property as soon as is reasonably possible, but by no later than 14 (fourteen) days after the Possession Date, and in such notice specify the nature of the defect complained of. Should the Purchaser fails to give such notice, then the Purchaser shall be deemed to be satisfied with the Property and shall have no claims against the Seller in respect of such defects.
17.2 The Seller shall cause any reasonable repairs as notified by the Purchaser in terms of this clause 17 to be effected as soon as is reasonably possible thereafter at its cost.
17.3 The Seller shall only be responsible in terms of this clause for defects arising as a result of faulty workmanship and/or materials and shall under no circumstances be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence or abuse on the part of the Purchaser, any third parties, the Purchaser’s employees, visitors, agents and/or directors.
