Common use of DEFECT LIABILITY PERIOD Clause in Contracts

DEFECT LIABILITY PERIOD. If within the time period as prescribed under the law (which shall not be more than the currently held period of five years) from the date of issuance of Occupation Certificate, the Allottee/s brings to the notice of the Promoter any structural defect in the said Apartment, then the Promoter shall rectify any such structural defects with respect to the Apartment (normal wear and tear exempted), which shall not be as the result of any commission or omission of the Allottee/s, any damages caused due to the acts of god or natural calamities or fire accidents, any willful or accidental damages caused, any damages caused due to tampering by the Allottee/s, and thereafter no claim shall be entertained against the Promoter in respect of any alleged defective work in the Apartment under any circumstances. The above liability of the Promoter shall be restricted only to rectify / repair the above defects and consequential damages if any, will not be covered under this Agreement. Provided further that Structural defects shall not include plastering hairline cracks. Third party warranty on products shall be governed by the terms and conditions provided by the manufacturer of the respective products. Provided that the Promoter’s obligation under Defect Liability shall stand automatically cancelled, in case the Allottee makes any kind of changes either structural or non-structural (including interiors) which change the manner in which the Apartment was originally handed over by the Promoter to the Allottee.

Appears in 21 contracts

Sources: Sale Agreement, Sale Agreement, Sale Agreement

DEFECT LIABILITY PERIOD. If within the time period as prescribed under the law (which shall not be more than the currently held period of five years) from the date of issuance of Occupation Certificate, the AllotteePurchaser/s brings to the notice of the Promoter Confirming Party any structural defect in the said Apartment, then the Promoter Confirming Party shall rectify any such structural defects with respect to the Apartment (normal wear and tear exempted), which shall not be as the result of any commission or omission of the AllotteePurchaser/s, any damages caused due to the acts of god or natural calamities or fire accidents, any willful or accidental damages caused, any damages caused due to tampering by the AllotteePurchaser/s, and thereafter no claim shall be entertained against the Promoter Confirming Party in respect of any alleged defective work in the Apartment under any circumstances. The above liability of the Promoter Confirming Party shall be restricted only to rectify / repair the above defects and consequential damages if any, will not be covered under this Agreement. Provided further that Structural defects shall not include plastering hairline cracks. Third party warranty on products shall be governed by the terms and conditions provided by the manufacturer of the respective products. Provided that the PromoterConfirming Party’s obligation under Defect Liability shall stand automatically cancelled, in case the Allottee makes any kind of changes either structural or non-structural (including interiors) which change the manner in which the Apartment was originally handed over by the Promoter Confirming Party to the Allottee.

Appears in 5 contracts

Sources: Tripartite Agreement for Sale, Tripartite Agreement for Sale, Tripartite Agreement for Sale

DEFECT LIABILITY PERIOD. If within the time period as prescribed under the law (which shall not be more than the currently held period of five years) from the date of issuance of Occupation Certificate, the AllotteePurchaser/s brings to the notice of the Promoter Confirming Party any structural defect in the said Apartment, then the Promoter Confirming Party shall rectify any such structural defects with respect to the Apartment (normal wear and tear exempted), which shall not be as the result of any commission or omission of the AllotteePurchaser/s, any damages caused due to the acts of god or natural calamities or fire accidents, any willful or accidental damages caused, any damages caused due to tampering by the AllotteePurchaser/s, and thereafter no claim shall be entertained against the Promoter Confirming Party in respect of any alleged defective work in the Apartment under any circumstances. The above liability of the Promoter Confirming Party shall be restricted only to rectify / repair the above defects and consequential damages if any, will not be covered under this Agreement. Provided further that Structural defects shall not include plastering hairline cracks. Third party warranty on products shall be governed by the terms and conditions provided by the manufacturer of the respective products. Provided that the PromoterConfirming Party’s obligation under Defect Liability shall stand automatically cancelled, in case the Allottee Purchaser/s makes any kind of changes either structural or non-structural (including interiors) which change the manner in which the Apartment was originally handed over by the Promoter Confirming Party to the Allottee.Purchaser/s.

Appears in 3 contracts

Sources: Tripartite Agreement for Sale, Tripartite Agreement for Sale, Tripartite Agreement for Sale