DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottees from the date of obtaining the completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. 12.2 It is clarified that the Promoter shall not be liable for any such defects if the same has been caused by reason of the default and/or negligence of the Allottees and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottees are aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees and/or the association of allottees shall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottees from the date of obtaining the completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees and/or any other allottees Allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees and/or any other allotteeAllottees/person persons in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottees is/are aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees and/or the association of allottees Allottees shall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 2 contracts
Sources: Partnership Agreement, Partnership Agreement
DEFECT LIABILITY. 12.1 It is agreed clarified that in case the Promoter shall not be liable for any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottees from the date of obtaining the completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee / Purchaser and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee / Purchaser and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Said Property. The Allottees Allottee is/are aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s Promoter‟s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee / Purchaser and/or the association of allottees shall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
DEFECT LIABILITY. 12.1 (i) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Vendor as per the agreement for sale this Agreement relating to such development is brought to the notice of the Promoter Vendor within a period of 5 (five) five years by the Allottees Purchaser from the date of obtaining the completion certificatehanding over possession, it shall be the duty of the Promoter Vendor to rectify such defects without further charge, within 30 (thirty) thirty days, and in the event of PromoterVendor's failure to rectify such defects within such time, the aggrieved Allottees Purchaser(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 (ii) It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottees Allottee is/are aware that the Said BlockTower/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said BlockTower/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall allotteesshall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 2 contracts
Sources: Sale Agreement, Agreement for Sale
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottees Allottee from the date of obtaining the completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger PropertyProject. The Allottees Allottee is/are aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall allotteesshall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. 12.1 (i) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Vendors as per the agreement for sale this Agreement relating to such development is brought to the notice of the Promoter Vendors within a period of 5 (five) five years by the Allottees Purchaser from the date of obtaining the completion certificatehanding over possession, it shall be the duty of the Promoter Vendors to rectify such defects without further charge, within 30 (thirty) thirty days, and in the event of Promoter's Vendors’ failure to rectify such defects within such time, the aggrieved Allottees Purchaser(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 (ii) It is clarified that the Promoter Vendors shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottees Allottee is/are aware that the Said BlockTower/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said BlockTower/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the PromoterVendor’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall have no claim(s) of whatsoever nature against the Promoter Vendors in this regard.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 (i) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Vendor as per the agreement for sale this Agreement relating to such development is brought to the notice of the Promoter Vendor within a period of 5 (five) five years by the Allottees Purchaser from the date of obtaining the completion certificatehanding over possession, it shall be the duty of the Promoter Vendor to rectify such defects without further charge, within 30 (thirty) thirty days, and in the event of PromoterVendor's failure to rectify such defects within such time, the aggrieved Allottees Purchaser(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 (ii) It is clarified that the Promoter Vendor shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottees Allottee is/are aware that the Said BlockTower/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said BlockTower/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the PromoterVendor’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall allotteesshall have no claim(s) of whatsoever nature against the Promoter Vendor in this regard.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that The Promoter/Developer shall rectify all reasonable construction related defects in case any structural defect or any other defect in workmanshipthe Said Bungalow, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is if any, brought to the notice of the Promoter Promoter/Developer, at its own cost and effort, within a period of 5 (five) years by the Allottees five calendar year from the date of obtaining the completion certificate, it shall be issued by the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 competent authority. It is clarified that the Promoter Promoter/Developer shall not be liable for any such defects if the same has have been caused by reason of the default and/or and or negligence of the Allottees and/or Buyer and or any other allottees buyers in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Buyer and/or any other allotteebuyer/person in the Real Estate Project and/or the Whole Project and/or the Larger PropertyProject. The Allottees Buyer is/are aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building Block at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the PromoterPromoter’s/Developer’s obligation to rectify any defect(sdefects) or compensate for the same as mentioned in this Clause and the Allottees Buyer and/or the association of allottees buyers shall have no claim(sclaims) of whatsoever nature against the Promoter Promoter/Developer in this regard. It is clarified that the above said responsibility of the Promoter/Developer shall not cover defects, damage, or malfunction resulting from (a) misuse (b) unauthorised modifications or repairs done by the Buyer or his/her/their/its nominee/agent (c) cases of force majeure (d) failure to maintain the amenities/equipment’s and accident and (f) negligent use.
Appears in 1 contract
Sources: Deed of Conveyance (Sale)
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottees from the date of obtaining the completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.the
12.2 It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottees Allottee is/are aware that the Said BlockTower/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said BlockTower/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall allotteesshall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Developer as per the agreement for sale relating to such development is brought to the notice of the Promoter Developer within a period of 5 (five) years by the Allottees Allottee from the date of obtaining the completion certificate, it shall be the duty of the Promoter Developer to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterDeveloper's failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 It is clarified that the Promoter Developer shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottees are Allottee is aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building Bungalow at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the PromoterDeveloper’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall have no claim(s) of whatsoever nature against the Promoter Developer in this regard.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five5(five) years by the Allottees Allottee from the date of obtaining the completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 . It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allotteeAllottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottees are Allottee is aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building Flat at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove herein above will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottees Allottee from the date of obtaining the completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottees Allottee is/are aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall have no claim(s) of whatsoever nature against the Promoter in this regard. However, normal wear and tear caused due to usage shall not be deemed to be a defect in workmanship of the promoter. Further, the promoter shall not be liable for any defect in the fittings and fixtures installed in the Apartment as per the specification. The promoter shall not be liable to rectify and defect occurring under the following circumstances:
12.3 If there are changes, modification or alteration in plumbing pipes and fittings and fixtures or change of wall or floor tiles after the Allottee taking over possession of the Apartment, the promoter will not take any responsibility of waterproofing, cracks or any defect in plumbing pipes and fittings and fixtures that have developed directly or indirectly due to such changes;
12.4 If there are changes, modifications or alteration in electrical lines and wirings after said possession unto the Allottee, the Promoter will not take any responsibility of any defect in electrical lines and wirings that have developed directly or indirectly due to such changes, modifications or alterations;
12.5 If there are changes, modifications or alteration in doors, windows or other related items, then the promoter will not take responsibility of door locks or door alignment or seepage from windows or any other related defects arising directly or indirectly out of such changes, modifications or alterations.
12.6 If the Allottee after taking actual physical possession of the Apartment, executes interior decoration work including any addition and/or alteration in the layout of the internal walls of the Apartment by making changes in the Apartment, then any defect like damp, hair line cracks, breakage in floor tiles or other defects arising as a direct of indirect consequences of such alterations or changes will not be entertained by the Promoter;
12.7 Different materials have different coefficient of expansions and contraction and as such because of this difference there are chances of cracks developing on joints of walls and RCC beams and columns. Any such cracks are normal in high rise buildings and needs to be repaired from time to time. Any cracks developed for reasons other than as mentioned above the Promoter shall get it rectified at it own cost.
12.8 If the materials and fittings and fixtures provided by the promoter are not being maintained by the allottee or his / her agents in the manner in which same is required to be maintained.
12.9 Any electrical fittings and /or gadgets or appliances or other fittings and fixtures provided by the promoter in the Common areas and / or in the Apartment going out of order or malfunctioning due to voltage fluctuations or other reasons not under the control of the Promoter and not amounting to poor workmanship or manufacture thereof.
12.10 If the Architect certifies that such defects are not manufacturing defect or due to poor workmanship or poor quality. Notwithstanding anything herein before contained it is hereby expressly agreed and understood that in case the allottee, without first notifying the promoter and without giving the promoter the reasonable opportunity to inspect, assess and determined the nature of purported defect in the Apartment, alters the state and condition of the area of the purported defect, then the promoter shall be relieved of its obligations contained in clause 12 here in above.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottees from the date of obtaining the completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.the
12.2 It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottees Allottee is/are aware that the Said BlockTower/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said BlockTower/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 12.1 It is agreed that The Promoter/Vendor shall rectify all reasonable construction related defects in case any structural defect or any other defect in workmanshipthe Said Flat/Unit, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is if any, brought to the notice of the Promoter Promoter/Vendor, at its own cost and effort, within a period of 5 (five) years by the Allottees five calendar year from the date of obtaining the completion certificate, it shall be issued by the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 competent authority. It is clarified that the Promoter Promoter/Vendor shall not be liable for any such defects if the same has have been caused by reason of the default and/or and or negligence of the Allottees and/or Buyer and or any other allottees buyers in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Buyer and/or any other allotteebuyer/person in the Real Estate Project and/or the Whole Project and/or the Larger PropertyProject. The Allottees Buyer is/are aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building Block at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s /Vendor obligation to rectify any defect(sdefects) or compensate for the same as mentioned in this Clause and the Allottees Buyer and/or the association of allottees buyers shall have no claim(sclaims) of whatsoever nature against the Promoter Promoter/Vendor in this regard. It is clarified that the above said responsibility of the Promoter/Vendor shall not cover defects, damage, or malfunction resulting from (a) misuse (b) unauthorised modifications or repairs done by the Buyer or his/her/their/its nominee/agent (c) cases of force majeure (d) failure to maintain the amenities/equipments and accident and (f) negligent use.
Appears in 1 contract
Sources: Deed of Conveyance (Sale)
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Promoters as per the agreement for sale relating to such development is brought to the notice of the Promoter Promoters within a period of 5 (five) years by the Allottees Allottee from the date of obtaining the completion certificate, it shall be the duty of the Promoter Promoters to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterPromoters's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 It is clarified that the Promoter Promoters shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Said Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Said Project and/or the Whole Project and/or the Larger Said Property. The Allottees Allottee is/are aware that the Said BlockTower/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said BlockTower/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the PromoterPromoters’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall have no claim(s) of whatsoever nature against the Promoter Promoters in this regard.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that The Promoter/Vendor shall rectify all reasonable construction related defects in case any structural defect or any other defect in workmanshipthe Said Flat/Unit, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is if any, brought to the notice of the Promoter Promoter/Vendor, at its own cost and effort, within a period of 5 (five) years by the Allottees five calendar year from the date of obtaining the completion certificate, it shall be issued by the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 competent authority. It is clarified that the Promoter Promoter/Vendor shall not be liable for any such defects if the same has have been caused by reason of the default and/or and or negligence of the Allottees and/or Buyer and or any other allottees buyers in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Buyer and/or any other allotteebuyer/person in the Real Estate Project and/or the Whole Project and/or the Larger PropertyProject. The Allottees Buyer is/are aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building Block at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s /Vendor obligation to rectify any defect(sdefects) or compensate for the same as mentioned in this Clause and the Allottees Buyer and/or the association of allottees buyers shall have no claim(sclaims) of whatsoever nature against the Promoter Promoter/Vendor in this regard.. It is clarified that the above said responsibility of the Promoter/Vendor shall not cover defects, damage, or malfunction resulting from (a) misuse (b) unauthorised
Appears in 1 contract
Sources: Deed of Conveyance (Sale)
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottees Allottee from the date of obtaining the completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottees Allottee is/are aware that the Said BlockTower/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said BlockTower/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall allotteesshall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottees Allottee from the date of obtaining the completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 It is clarified that the Promoter shall not be liable for any such defects if the same has been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottees are Allottee is aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottees Allottee from the date of obtaining the completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 . It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger PropertyProject. The Allottees Allottee is/are aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall allotteesshall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 (i) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Vendor/Developer as per the agreement for sale this Agreement relating to such development is brought to the notice of the Promoter Vendor/Developer within a period of 5 (five) five years by the Allottees Purchaser from the date of obtaining the completion certificatehanding over possession, it shall be the duty of the Promoter Vendor to rectify such defects without further charge, within 30 (thirty) thirty days, and in the event of PromoterVendor's failure to rectify such defects within such time, the aggrieved Allottees Purchaser(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 (ii) It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottees Allottee is/are aware that the Said BlockTower/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said BlockTower/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottees Allottee from the date of obtaining the completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottees Allottee is/are aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall allotteesshall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five5(five) years by the Allottees Allottee from the date of obtaining the completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's ’s failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided provide under the Act.
12.2 . It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger PropertyProject. The Allottees Allottee is/are aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 12.1. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter DEVELOPER as per the agreement for sale relating to such development is brought to the notice of the Promoter DEVELOPER within a period of 5 (five) years by the Allottees ALLOTTEES from the date of obtaining the completion certificate, it shall be the duty of the Promoter DEVELOPER to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's DEVELOPER'S failure to rectify such defects within such time, the aggrieved Allottees ALLOTTEE shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 12.2. It is clarified that the Promoter DEVELOPER shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees ALLOTTEE and/or any other allottees allottees/occupiers/owners in the Real Estate Project Said Building or acts of third party(ies) or on account of any force majeure Force Majeure events including on account of any repairs / redecoration / repairs/redecoration/any other work undertaken by the Allottees and/or any other allotteeallottees/person in the Real Estate Project and/or the Whole Project and/or the Larger Propertyoccupiers/owners of Said Building. The Allottees are ALLOTTEE is aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s DEVELOPER’S obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees ALLOTTEE and/or the association Holding Organisation/Association/ Society of allottees shall allottees/occupiers/owners of apartments/flats/units/accommodations in Said Building have no claim(s) of whatsoever nature against the Promoter DEVELOPER in this regard.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottees Allottee from the date of obtaining the completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottees are Allottee is aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building Bungalow at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottees from the date of obtaining the completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottees are aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building Bungalow at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees and/or the association of allottees shall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottees Allottee from the date of obtaining the completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(iesparty (ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger PropertyProject. The Allottees Allottee is/are aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 1 contract
Sources: Promoter Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottees Allottee from the date of obtaining the completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottees are Allotteeis aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building Bungalow at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall allotteesshall have no claim(s) of whatsoever nature against the Promoter in this regard. However, the Allottee has been made aware and the Allottee expressly agrees that the regular wear and tear of the Residential Complex excludes minor hairline cracks on the external and internal walls excluding RCC structure which happens due to variation in temperature of more than 20 degree centigrade which do not amount of the structural defects and hence cannot be attributed to either bad workmanship or structural defects. It is expressly agreed that before any liability of defect is claimed by or on behalf of the allottee it shall be necessary to appoint an expert/ surveyor to be nominated by the architect of the said project, who shall survey and assess the same and then submit report to state the defects in material used in the structure and in the workmanship executed.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottees Allottee from the date of obtaining the completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 . It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottees are Allottee is aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building Flat at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 12.1 (i) It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter Vendor/Developer as per the agreement for sale this Agreement relating to such development is brought to the notice of the Promoter Vendor/Developer within a period of 5 (five) five years by the Allottees Purchaser from the date of obtaining the completion certificatehanding over possession, it shall be the duty of the Promoter Vendor to rectify such defects without further charge, within 30 (thirty) thirty days, and in the event of PromoterVendor's failure to rectify such defects within such time, the aggrieved Allottees Purchaser(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 (ii) It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottees Allottee is/are aware that the Said BlockTower/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said BlockTower/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottees Allottee from the date of obtaining the completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 . It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Said Property. The Allottees Allottee is/are aware that the Said BlockTower/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said BlockTower/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 12.1 It is agreed that The Promoter/Vendor shall rectify all reasonable construction related defects in case any structural defect or any other defect in workmanshipthe Said Flat/Unit, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is if any, brought to the notice of the Promoter Promoter/Vendor, at its own cost and effort, within a period of 5 (five) five calendar years by the Allottees from the date of obtaining the completion certificate, it shall be issued by the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 competent authority. It is clarified that the Promoter Promoter/Vendor shall not be liable for any such defects if the same has have been caused by reason of the default and/or and or negligence of the Allottees and/or Buyer and or any other allottees buyers in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Buyer and/or any other allotteebuyer/person in the Real Estate Project and/or the Whole Project and/or the Larger PropertyProject. The Allottees Buyer is/are aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building Block at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s /Vendor obligation to rectify any defect(sdefects) or compensate for the same as mentioned in this Clause and the Allottees Buyer and/or the association of allottees buyers shall have no claim(sclaims) of whatsoever nature against the Promoter Promoter/Vendor in this regard. It is clarified that the above said responsibility of the Promoter/Vendor shall not cover defects, damage, or malfunction resulting from (a) misuse (b) unauthorised modifications or repairs done by the Buyer or his/her/their/its nominee/agent (c) cases of force majeure (d) failure to maintain the amenities/equipments and accident and (f) negligent use.
Appears in 1 contract
Sources: Deed of Conveyance (Sale)
DEFECT LIABILITY. 12.1 It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter as per the agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottees Allottee from the date of obtaining the completion certificate, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in the event of Promoter's failure to rectify such defects within such time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act.
12.2 It is clarified that the Promoter shall not be liable for any such defects if the same has have been caused by reason of the default and/or negligence of the Allottees Allottee and/or any other allottees in the Real Estate Project or acts of third party(ies) or on account of any force majeure events including on account of any repairs / redecoration / any other work undertaken by the Allottees Allottee and/or any other allottee/person in the Real Estate Project and/or the Whole Project and/or the Larger Property. The Allottees Allottee is/are aware that the Said Block/Building is a monolithic structure and any change(s), alteration(s) including breaking of walls or any structural members or the construction of any new wall or structural member may adversely impact the Said Block/Building at various places or in its entirety and hence any change(s) or alteration(s) as mentioned hereinabove will result in immediate ceasing of the Promoter’s obligation to rectify any defect(s) or compensate for the same as mentioned in this Clause and the Allottees Allottee and/or the association of allottees shall have no claim(s) of whatsoever nature against the Promoter in this regard.
Appears in 1 contract
Sources: Sale Agreement