Common use of DEFECT LIABILITY PERIOD Clause in Contracts

DEFECT LIABILITY PERIOD. i. The Scope of Project shall be subject to a cumulative Defect Liability Period (DLP) of 60 (Sixty) months from the Completion Date. The Defect Liability Period of 60 (Sixty) months shall be inclusive of any guarantee/warrantee provided by the manufacture/supplier of the Works, equipment. During the Defect Liability Period, the Contractor shall, at its own cost and responsibility, rectify all defects in the Works performed by them in accordance with the Contract. The Authority shall notify the Contractor, in writing, regarding the Defects at the Project. The Contractor, within the time notified by the Authority as per Good Industry Practice, shall repair or rectify the Defect or deficiency. ii. The Contractor agrees that in the event of failure of any particular part of any equipment and/or the equipment, for more than three times during the DLP, it shall not be repaired but the complete part and/or equipment shall be replaced by the Contractor. However, during the DLP, the Contractor shall be liable for complete replacement of any equipment only once. In case it is found that the above mentioned failure is due to some connected part of the equipment, that part shall also be rectified or replaced by the Contractor to avoid such failure. For electrical motors during the DLP, if some important part of motor like starter winding shaft bearing squirrel cage, motor etc. becomes defective the Contractor shall replace the same at its own cost and no repairs shall be allowed. Until such time the defects are not remedied, Defect Liability Period shall be deemed to be extended. Any materials or Works with Defects identified as above and replaced or repaired during the Defects Liability Period or the extended Defects Liability Period, as the case may be, would be further warranted for a period of twelve (12) months from the date of completion (as per clause 11.2) of such repair or replacement. The Contractor shall upon termination or expiry of this Contract, or upon expiry of the Defects Liability Period, assign any outstanding benefit in respect of any subcontract or any warranty from any Subcontractor, to the Authority or to such other person as the Authority may direct. iii. The Contractor shall repair defects or deficiencies within the time limit mentioned in clause 12.2

DEFECT LIABILITY PERIOD. i. The Scope of Project shall be subject to a cumulative Defect Liability Period (DLP) of 60 (Sixty) months from the Completion Date. The Defect Liability Period of 60 (SixtySixtey) months shall be inclusive of any guarantee/warrantee provided by the manufacture/supplier of the Works, equipment. During the Defect Liability Period, the Contractor Developer shall, at its own cost and responsibility, rectify all defects in the Works performed by them in accordance with the Contract. The Authority shall notify the ContractorDeveloper, in writing, regarding the Defects at the Project. The ContractorDeveloper, within the time notified by the Authority as per Good Industry Practice, shall repair or rectify the Defect or deficiency. ii. The Contractor Developer agrees that in the event of failure of any particular part of any equipment and/or the equipment, for more than three times during the DLP, it shall not be repaired but the complete part and/or equipment shall be replaced by the ContractorDeveloper. However, during the DLP, the Contractor Developer shall be liable for complete replacement of any equipment only once. In case it is found that the above mentioned failure is due to some connected part of the equipment, that part shall also be rectified or replaced by the Contractor Developer to avoid such failure. For electrical motors during the DLP, if some important part of motor like starter winding shaft bearing squirrel cage, motor etc. becomes defective the Contractor Developer shall replace the same at its own cost and no repairs shall be allowed. Until such time the defects are not remedied, Defect Liability Period shall be deemed to be extended. Any materials or Works with Defects identified as above and replaced or repaired during the Defects Liability Period or the extended Defects Liability Period, as the case may be, would be further warranted for a period of twelve (12) months from the date of completion (as per clause 11.2) of such repair or replacement. The Contractor Developer shall upon termination or expiry of this Contract, or upon expiry of the Defects Liability Period, assign any outstanding benefit in respect of any subcontract or any warranty from any Subcontractor, to the Authority or to such other person as the Authority may direct. iii. The Contractor Developer shall repair defects or deficiencies within the time limit mentioned below or as stated by Authority, 1 Breach or blockade of the pavement/ walkways/ Within the museum and the utilities building 4 hours 2 Damage to or silting of culverts and side drain during and immediately preceding the rainy season. 4 hours 3 Damages/defects in clause 12.2retaining wall, weep holes, apron stone pitching/culverts, cover slabs etc. 7 days 4 Any failure of the exterior lighting (including street lighting) and telecom 4 days 5 Any failure/defect of escalators and elevators 24 hours 6 Defects in electrical/mechanical/HVAC 24 hours 7 Cracks/gaps 2 days 8 Damages in joineries/flooring, walls etc. 2 days 9 Damages to septic tank, STP 24 hours 10 Damages to tube ▇▇▇▇▇ &pumps including water tank 24 hours 11 Damages to CCTV and security system 24 hours 12 Damages to electrical substation/transformer 24 hours 13 Damages to DG set 24 hours 14 Damages to indoor and outdoor furniture 7 days 15 Projectors 5days (repair) 30 days (replacement) 16 Server/ Network/ Wi-Fi system/ entertainment system, computer system 5days (repair) 30 days (replacement) 17 All other Minor repairs not mentioned above 2 days 18 All other Major repairs/replacement not mentioned above 15 days The developer agrees, that in the event that the Developer fails to repair or rectify such Defect or deficiency within the aforementioned period, the Authority at its discretion, may undertake to get the same repaired, rectified or remedied at the Developer’s cost so as to make the Project conform to the Technical Specifications and Standards and the provisions of this Contract. All costs consequent thereon shall, after due consultation with the Authority and the Developer, be determined by the Authority. The cost so determined, and an additional amount equal to 50% (fifty per cent) of such cost as Damages, shall be recoverable by the Authority from the Developer and may be deducted by the Authority from Performance Security or subsequent bills/invoices or retention money of the Developer.

DEFECT LIABILITY PERIOD. i. The Scope of Project shall be subject to a cumulative Defect Liability Period (DLP) of [60 (Sixtysixty) months from the Completion Date. The Defect Liability Period of 60 (Sixty) months shall be inclusive of any guarantee/warrantee provided by the manufacture/supplier of the Works, equipmentEquipment and Exhibits. During the Defect Liability Period, the Contractor shall, at its own cost and responsibility, rectify all defects in the Works performed by them in accordance with the Contract. The Authority shall notify Contractor shall, after receiving a notice to this effect from the Authority, rectify such defects as soon as possible and to the reasonable satisfaction of the Authority. If the Contractor, after receiving any notice to this effect from the Authority, fails to remedy any defect in writingthe Works performed by it within the Defect Liability Period, regarding the Defects Authority may (at his option), carry out the Works himself or by others, in a reasonable manner and at the Projectcost of the Contractor. The ContractorIn addition to the specification/terms and conditions provided under the Contract for Maintenance Services for Equipment and Exhibits, within the time notified by the Authority as per Good Industry Practice, shall repair or rectify the Defect or deficiency. ii. The Contractor agrees that in the event of failure of any particular part of any equipment and/or the equipment, for Equipment and Exhibits more than three times during the DLP, it shall not be repaired but the complete part and/or equipment shall be replaced by the Contractor. However, during the DLP, the Contractor shall be liable for complete replacement of any equipment Equipment and Exhibits only once. In case it is found that the above mentioned failure is due to some connected part of the equipmentEquipment and Exhibits, that part shall also be rectified or replaced by the Contractor to avoid such failure. For electrical motors during the DLP, if some important part of motor like starter winding shaft bearing squirrel cage, motor etc. becomes become defective the Contractor shall replace the same at its own cost and no repairs shall be allowed. Until such time the defects are not remedied, Defect Liability Period shall be deemed to be extended. Any materials or Works with Defects identified as above and replaced or repaired during the Defects Liability Period or the extended Defects Liability Period, as the case may be, would be further warranted for a period of twelve (12) months from the date of completion (as per clause 11.2) of such repair or replacement. The Contractor shall upon termination or expiry of this Contract, or upon expiry of the Defects Liability Period, assign any outstanding benefit in respect of any subcontract or any warranty from any Subcontractor, to the Authority or to such other person as the Authority may direct. iii. The Contractor shall repair defects or deficiencies within the time limit mentioned in clause 12.2

DEFECT LIABILITY PERIOD. i. The Scope of Project shall be subject to a cumulative Defect Liability Period (DLP) of 60 12 (SixtyTwelve) months from the Completion Date. The Defect Liability Period of 60 (Sixty) 12 months shall be inclusive of any guarantee/warrantee provided by the manufacture/supplier of the Works, equipment, and exhibits. During the Defect Liability Period, the Contractor shall, at its own cost and responsibility, rectify all defects in the Works performed by them in accordance with the Contract. The Authority shall notify the Contractor, in writing, regarding the Defects at the Project. The Contractor, within the time notified by the Authority as per Good Industry Practice, shall repair or rectify the Defect or deficiency. ii. The Contractor agrees that in the event of failure of any particular part of any equipment and/or the equipment, for more than three times during the DLP, it shall not be repaired but the complete part and/or equipment shall be replaced by the Contractor. However, during the DLP, the Contractor shall be liable for complete replacement of any equipment only once. In case it is found that the above above- mentioned failure is due to some connected part of the equipment, that part shall also be rectified or replaced by the Contractor to avoid such failure. For electrical motors during the DLP, if some important part of motor like starter winding shaft bearing squirrel cage, motor etc. becomes defective the Contractor shall replace the same at its own cost and no repairs shall be allowed. Until such time the defects are not remedied, Defect Liability Period shall be deemed to be extended. Any materials or Works with Defects identified as above and replaced or repaired during the Defects Liability Period or the extended Defects Liability Period, as the case may be, would be further warranted for a period of twelve (12) months from the date of completion (as per clause 11.2) of such repair or replacement. The Contractor shall upon termination or expiry of this Contract, or upon expiry of the Defects Liability Period, assign any outstanding benefit in respect of any subcontract or any warranty from any Subcontractor, subcontractor to the Authority or to such other person as the Authority may direct. iii. Time limit for rectification of any defect/deficiency is maximum 7 days. Further if the Contractor fails to repair or rectify such Defect or deficiency within the aforementioned period, the Authority at its discretion, may undertake to get the same repaired, rectified or remedied at the Contractor’s cost so as to make the Project conform to the Specifications and Standards and the provisions of this Contract. All costs consequent thereon shall, after due consultation with the Authority and the Contractor, be determined by the Authority. The cost so determined, and an amount equal to 50% (fifty per cent) of such cost as Damages, shall be recoverable by the Authority from the Contractor shall repair defects or deficiencies within and may be deducted by the time limit mentioned in clause 12.2Authority from Performance Guarantee of the Contract.

DEFECT LIABILITY PERIOD. i. The Scope of Project shall be subject to a cumulative Defect Liability Period (DLP) of 60 36 (SixtyThirty-Six) months from the Completion Date. The Defect Liability Period of 60 36 (SixtyThirty-Six) months shall be inclusive of any guarantee/warrantee provided by the manufacture/supplier of the Works, equipment. During the Defect Liability Period, the Contractor shall, at its own cost and responsibility, rectify all defects in the Works performed by them in accordance with the Contract. The Authority shall notify the Contractor, in writing, regarding the Defects at the Project. The Contractor, within the time notified by the Authority as per Good Industry Practice, shall repair or rectify the Defect or deficiency. ii. The Contractor agrees that in the event of failure of any particular part of any equipment and/or the equipment, for more than three times during the DLP, it shall not be repaired but the complete part and/or equipment shall be replaced by the Contractor. However, during the DLP, the Contractor shall be liable for complete replacement of any equipment only once. In case it is found that the above mentioned failure is due to some connected part of the equipment, that part shall also be rectified or replaced by the Contractor to avoid such failure. For electrical motors during the DLP, if some important part of motor like starter winding shaft bearing squirrel cage, motor etc. becomes defective the Contractor shall replace the same at its own cost and no repairs shall be allowed. Until such time the defects are not remedied, Defect Liability Period shall be deemed to be extended. Any materials or Works with Defects identified as above and replaced or repaired during the Defects Liability Period or the extended Defects Liability Period, as the case may be, would be further warranted for a period of twelve (12) months from the date of completion (as per clause 11.2) of such repair or replacement. The Contractor shall upon termination or expiry of this Contract, or upon expiry of the Defects Liability Period, assign any outstanding benefit in respect of any subcontract or any warranty from any Subcontractor, to the Authority or to such other person as the Authority may direct. iii. The Contractor shall repair defects or deficiencies within the time limit mentioned in clause 12.2

DEFECT LIABILITY PERIOD. i. (a) The Scope of Project Defect liability period shall be subject to for a cumulative Defect Liability Period period of 5 (DLPfive) of 60 (Sixty) months years from the Completion Datedate of issuance of the Occupancy Certificate for the Row House. The Defect Liability Period liability shall cover rectification of 60 (Sixty) months shall be inclusive structural defects, owing to the negligence/omission of any guarantee/warrantee provided the Seller. It is however agreed by the manufacturePurchaser/supplier s that from the date of handing over of the Works, equipment. During possession of the Unit and till completion of the Defect Liability Period, the Contractor Purchaser/s shall maintain the said Unit and services therein in the same state and condition in which it will be handed over to the Purchaser/s. Further, the Purchaser/s shall, at its own cost and responsibility, rectify all defects not during such period change/ amend/ modify or carry out any repairs in the Works performed by them in accordance said Unit or meddle with the Contract. The Authority shall notify the Contractorelectrical, water and sanitary layouts, in writingany manner whatsoever. All defects that are caused due to normal wear and tear, regarding abuse and improper usage / negligence / omission / act / commission on the Defects at part of the ProjectPurchaser/s/others, is excluded from this clause and for which the Seller are neither liable nor responsible. The Contractor, within Subject to the time notified by terms as stated in this clause the Authority as per Good Industry Practice, Seller shall repair or endeavor to rectify the Defect or deficiencydefect within a period of 30 days of such defect being notified in writing to the Seller. ii. (b) The Contractor agrees that in the event of failure of any particular part of any equipment and/or the equipment, for more than three times during the DLP, it Seller shall not be repaired but the complete part and/or equipment shall be replaced by the Contractor. Howeverresponsible for issues such as difference in shades of tiles, during the DLPTolerances as per IS and building codes, the Contractor shall be liable Air Pockets beneath tiles, Separation cracks / gaps between non-homogeneous building components, slopes considered for complete replacement of any equipment only once. In case it is found that the above mentioned failure is water drainage, reduction in carpet area due to some connected part plaster thickness and skirting. Minor tile chipping, places were welding is done, shall not be considered as defects. Defects arising from natural wear and tear/forced/ intentional/accidental damages do not come under the scope of maintenance under defect liability. Any defects or damages caused to glass, ceramic, vitrified, porcelain materials shall not come under the defect liability after accepting possession of the equipmentUnit. (c) The Seller shall not be responsible for routine/non-structural cracks resulting from differential co-efficient of thermal expansion, that part shall also be rectified or replaced by the Contractor to avoid such failure. For electrical motors during the DLPnon-monolithic joints, if some important part seasoning effects, sweating of motor like starter winding shaft bearing squirrel cagewalls, motor etc. becomes defective the Contractor shall replace the same at its own cost and no repairs shall be allowed. Until such time the defects are not remedied, Defect Liability Period shall be deemed to be extended. Any materials or Works with Defects identified as above and replaced or repaired during the Defects Liability Period or the extended Defects Liability Period, as the case may be, would be further warranted for a period of twelve (12) months from the date of completion (as per clause 11.2) of such repair or replacement. The Contractor shall upon termination or expiry of this Contract, or upon expiry of the Defects Liability Period, assign any outstanding benefit in respect of any subcontract or any warranty from any Subcontractor, to the Authority or to such other person as the Authority may directdefects caused due to normal wear and tear, abuse and improper usage. iii. The Contractor shall repair defects or deficiencies within the time limit mentioned in clause 12.2

DEFECT LIABILITY PERIOD. i. The Scope of Project shall be subject to a cumulative Defect Liability Period (DLP) of [60 (Sixtysixty) months from the Completion Date. The Defect Liability Period of 60 (Sixty) months shall be inclusive of any guarantee/warrantee provided by the manufacture/supplier of the Works, equipment, and exhibits. During the Defect Liability Period, the Contractor shall, at its own cost and responsibility, rectify all defects in the Works performed by them in accordance with the Contract. The Authority shall notify Contractor shall, after receiving a notice to this effect from the Authority, rectify such defects as soon as possible and to the reasonable satisfaction of the Authority. If the Contractor, after receiving any notice to this effect from the Authority, fails to remedy any defect in writingthe Works performed by it within the Defect Liability Period, regarding the Defects Authority may (at his option), carry out the Works himself or by others, in a reasonable manner and at the Projectcost of the Contractor. The ContractorIn addition to the specification/terms and conditions provided under the Contract for Maintenance Services for equipment, within and exhibits, the time notified by the Authority as per Good Industry Practice, shall repair or rectify the Defect or deficiency. ii. The Contractor agrees that in the event of failure of any particular part of any equipment and/or the equipment, for and exhibits more than three times during the DLP, it shall not be repaired but the complete part and/or equipment shall be replaced by the Contractor. However, during the DLP, the Contractor shall be liable for complete replacement of any equipment and exhibits only once. In case it is found that the above mentioned failure is due to some connected part of the equipment, and exhibits, that part shall also be rectified or replaced by the Contractor to avoid such failure. For electrical motors during the DLP, if some important part of motor like starter winding shaft bearing squirrel cage, motor etc. becomes become defective the Contractor shall replace the same at its own cost and no repairs shall be allowed. Until such time the defects are not remedied, Defect Liability Period shall be deemed to be extended. Any materials or Works with Defects identified as above and replaced or repaired during the Defects Liability Period or the extended Defects Liability Period, as the case may be, would be further warranted for a period of twelve (12) months from the date of completion (as per clause 11.2) of such repair or replacement. The Contractor shall upon termination or expiry of this Contract, or upon expiry of the Defects Liability Period, assign any outstanding benefit in respect of any subcontract or any warranty from any Subcontractor, to the Authority or to such other person as the Authority may direct. iii. The Contractor shall repair defects or deficiencies within the time limit mentioned in clause 12.2