Common use of Warranty Inspection Clause in Contracts

Warranty Inspection. (a) The Vendor is registered under Tarion/HCRA and the Dwelling will be enrolled with Tarion/HCRA. The Purchaser shall reimburse and pay to the Vendor, on closing, the fee for enrolment of the Dwelling with Tarion. The Purchaser agrees to accept the Tarion warranty in lieu of any other warranty or guarantee expressed or implied, it being understood and agreed that there is no representation other than as expressed herein in writing. The Purchaser acknowledges that it has received a copy of the Warranty Information Sheet as Schedule F as published by Tarion and which provides information about warranty coverage, the pre-delivery inspection and, generally, rights and responsibilities of Purchaser/Owners and Builders. In addition, the Purchaser acknowledges that it has received the following link to Xxxxxx's Learning Hub (xxxxx://xxx.xxxxxx.xxx/homeowners/learning-HUB); (b) The Purchaser agrees that the Purchaser or a representative designated in writing by the Purchaser shall meet a representative of the Vendor, at the Property at a time, prior to Closing, designated by the Vendor, to conduct a pre- delivery inspection of the dwelling constructed on the Property (the “Inspection”). At the Inspection any items remaining to be completed shall be listed on a Certificate of Completion and Possession in accordance with the Ontario New Home Warranties Plan Act (the “Certificate”) or on such other forms as prescribed by such Act. Such Certificate shall constitute the Vendor’s only undertaking to complete the incomplete items. The Purchaser agrees that the Purchaser or the Purchaser’s representative shall execute the Certificate at the conclusion of the Inspection and shall be delivered to the Vendor’s representative at such time; (c) In the event the Purchaser elects to designate a representative for the purposes of the Inspection, the Purchaser agrees to provide written authority appointing such representative and deliver such written authority to the Vendor at least one day prior to the date of Inspection. All decisions made by and documentation executed and delivered by the Purchaser’s representative shall be binding upon the Purchaser as if the Purchaser had made such decisions and had executed and delivered such documentation. Without limiting the Purchaser’s rights under the Tarion warranty, the Vendor reserves the right, in its Discretion, to refuse access to the Property by any particular designated representative or representatives; (d) If the Purchaser or a representative authorized in accordance with this clause does not attend for the Inspection at the time designated by the Vendor or does not execute the Certificate or other documents as required by this paragraph 6, the Purchaser shall be in default under this Agreement and the Vendor shall be entitled to exercise any and all remedies available to the Vendor. The Purchaser acknowledges and agrees that the Vendor shall not be obligated to complete this Agreement in the event of the Purchaser being in default under the terms of this paragraph 6, in which case, the Purchaser acknowledges and agrees that tender will not be required. The Purchaser further acknowledges and agrees that if the Purchaser or a representative authorized in accordance with this Schedule does not attend for the Inspection at the time designated by the Vendor or refuses to execute the Certificate, the Vendor is hereby irrevocably appointed by the Purchaser as the Purchaser’s representative, and this shall constitute the written authority contemplated by this clause for such purpose; and the Vendor shall be entitled to complete the Inspection and execute and deliver the Certificate and other documents in its capacity as the Purchaser’s representative and appoints the Vendor as the Purchaser’s attorney in all respects relevant to the Tarion warranty. The Vendor shall have the right to elect, in its Discretion, to carry out the Inspection as agent for and on behalf of the Purchaser or to treat the failure on the part of the Purchaser as a fundamental breach of contract, entitling it to terminate the Agreement and forfeit the deposits; (e) Subject to paragraph 6(c), regarding a designate or representative, in the event that the Vendor invites the Purchaser to attend at the Property prior to the Inspection, the Purchaser acknowledges and agrees that such invitation is personal to the Purchaser and may not be assigned to anyone to attend on behalf of or together with the Purchaser; and (f) The Purchaser covenants that it shall not enter onto the Property or the Dwelling prior to Closing without the express written authority of the Vendor and accompanied by a representative of the Vendor and shall further comply with all safety and health requirements (inclusive of the Occupational Health and Safety Act) of and in the Vendor's Discretion. (g) The Purchaser hereby releases the Vendor, its employees, officers, directors, owners, sales representatives, the Vendor's trades, experts and solicitors and the Vendor's related and affiliated corporations from any causes of action against each and any of them except for any remedy explicitly given to the Purchaser against the Vendor, either in this Agreement or the terms of the Ontario New Homes Warranties Plan Act, the NHCL Act, or any requirements of the Tarion Warranty Corporation. For greater certainty, remedies available to the Purchaser are deemed to exclude: (a) damages for mental distress, loss of enjoyment or loss of a personal preference or personal choice; (b) punitive and/or exemplary damages; and (c) substantial indemnity costs, except for such costs as may be awarded as a result of an offer to settle.

Warranty Inspection. (a) The Vendor is registered under Tarion/HCRA and the Dwelling will be enrolled with Tarion/HCRA. The Purchaser shall reimburse and pay to the Vendor, on closing, the fee for enrolment of the Dwelling with Tarion. The Purchaser agrees to accept the Tarion warranty in lieu of any other warranty or guarantee expressed or implied, it being understood and agreed that there is no representation other than as expressed herein in writing. The Purchaser acknowledges that it has received a copy of the Warranty Information Sheet as Schedule F as published by Tarion and which provides information about warranty coverage, the pre-delivery inspection and, generally, rights and responsibilities of Purchaser/Owners and Builders. In addition, the Purchaser acknowledges that it has received the following link to XxxxxxTarion's Learning Hub (xxxxx://xxx.xxxxxx.xxx/homeowners/learning-HUB); (b) The Purchaser agrees that the Purchaser or a representative designated in writing by the Purchaser shall meet a representative of the Vendor, at the Property at a time, prior to Closing, designated by the Vendor, to conduct a pre- delivery inspection of the dwelling constructed on the Property (the “Inspection”). At the Inspection any items remaining to be completed shall be listed on a Certificate of Completion and Possession in accordance with the Ontario New Home Warranties Plan Act (the “Certificate”) or on such other forms as prescribed by such Act. Such Certificate shall constitute the Vendor’s only undertaking to complete the incomplete items. The Purchaser agrees that the Purchaser or the Purchaser’s representative shall execute the Certificate at the conclusion of the Inspection and shall be delivered to the Vendor’s representative at such time; (c) In the event the Purchaser elects to designate a representative for the purposes of the Inspection, the Purchaser agrees to provide written authority appointing such representative and deliver such written authority to the Vendor at least one day prior to the date of Inspection. All decisions made by and documentation executed and delivered by the Purchaser’s representative shall be binding upon the Purchaser as if the Purchaser had made such decisions and had executed and delivered such documentation. Without limiting the Purchaser’s rights under the Tarion warranty, the Vendor reserves the right, in its Discretion, to refuse access to the Property by any particular designated representative or representatives; (d) If the Purchaser or a representative authorized in accordance with this clause does not attend for the Inspection at the time designated by the Vendor or does not execute the Certificate or other documents as required by this paragraph 6, the Purchaser shall be in default under this Agreement and the Vendor shall be entitled to exercise any and all remedies available to the Vendor. The Purchaser acknowledges and agrees that the Vendor shall not be obligated to complete this Agreement in the event of the Purchaser being in default under the terms of this paragraph 6, in which case, the Purchaser acknowledges and agrees that tender will not be required. The Purchaser further acknowledges and agrees that if the Purchaser or a representative authorized in accordance with this Schedule does not attend for the Inspection at the time designated by the Vendor or refuses to execute the Certificate, the Vendor is hereby irrevocably appointed by the Purchaser as the Purchaser’s representative, and this shall constitute the written authority contemplated by this clause for such purpose; and the Vendor shall be entitled to complete the Inspection and execute and deliver the Certificate and other documents in its capacity as the Purchaser’s representative and appoints the Vendor as the Purchaser’s attorney in all respects relevant to the Tarion warranty. The Vendor shall have the right to elect, in its Discretion, to carry out the Inspection as agent for and on behalf of the Purchaser or to treat the failure on the part of the Purchaser as a fundamental breach of contract, entitling it to terminate the Agreement and forfeit the deposits; (e) Subject to paragraph 6(c), regarding a designate or representative, in the event that the Vendor invites the Purchaser to attend at the Property prior to the Inspection, the Purchaser acknowledges and agrees that such invitation is personal to the Purchaser and may not be assigned to anyone to attend on behalf of or together with the Purchaser; and (f) The Purchaser covenants that it shall not enter onto the Property or the Dwelling prior to Closing without the express written authority of the Vendor and accompanied by a representative of the Vendor and shall further comply with all safety and health requirements (inclusive of the Occupational Health and Safety Act) of and in the Vendor's Discretion. (g) The Purchaser hereby releases the Vendor, its employees, officers, directors, owners, sales representatives, the Vendor's trades, experts and solicitors and the Vendor's related and affiliated corporations from any causes of action against each and any of them except for any remedy explicitly given to the Purchaser against the Vendor, either in this Agreement or the terms of the Ontario New Homes Warranties Plan Act, the NHCL Act, or any requirements of the Tarion Warranty Corporation. For greater certainty, remedies available to the Purchaser are deemed to exclude: (a) damages for mental distress, loss of enjoyment or loss of a personal preference or personal choice; (b) punitive and/or exemplary damages; and (c) substantial indemnity costs, except for such costs as may be awarded as a result of an offer to settle.