DEFECT LIABILITY. 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 Allottee from the date of handing over possession, 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. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 5 contracts
Sources: Agreement for Sale, Sale Agreement, Agreement for Sale
DEFECT LIABILITY. 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 Promoter, as per the agreement for sale relating to such development development, is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over offer of possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) ninety 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. Provided that,
(a) The above-mentioned liability of the Promoter shall be limited to structural defects only (quality and workmanship).
(b) The Promoter shall not be liable for any such structural/ architectural defect induced by the Allottee, by means of carrying out structural or architectural changes from the original specifications/ design or any misuse thereof;
2. It is further clarified that the defect liability mentioned herein this agreement Promoter shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liabilityliable for any defects caused due to normal wear and tear.
(a) The Promoter shall procure fixtures, fittings, equipment, appliances, gadgets and/or services including but not limited to elevator, DG set, pumps etc. Provided also that the benchmark of the workmanship standard makes and these shall be governed as specified in PWD norms and schedulesby their respective warranties provided by their manufactures/installers. Any dispute The said warranties of the same shall be made available to the Allottee/ association of allotees by the Promoter.
(b) The Promoter having procured the items from standard makes, shall not be liable for any defects relating to workmanship defect the same and the same shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered governed by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its their respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability warranties provided by such manufacturertheir manufactures/supplier installers and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantieshave no liability in this regard.
Appears in 5 contracts
Sources: Sale Agreement, Sale Agreement, Agreement for Sale
DEFECT LIABILITY. 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 by the Allottee within a period of 5 (five) years by the Allottee from the date of handing over possessioncompletion certificate and/or partial completion certificate of the building in which the Unit is situated, as the case may be, the parties shall refer the matter to the Architect for the Project who shall verify the same and direct the Promoter to proceed or not to proceed with the rectification of the defects upon considering the submission of the parties and the terms and conditions hereof and then it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirtyThirty ) 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. Act Provided that Further That the defect obligation or liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all arise if the defect has arisen owing to any Force Majeure event or owing to act or omission of the Allottee or any other allottees or Association of allottees and/or any other person or if the portion alleged to have the defect has already been altered before the Promoter is able to view the same or if the related annual maintenance contracts and other licenses are not validly maintained by the association of allottees or competent authority. The Allottee is/are aware that any change, alteration including breaking of walls or any structural members or the construction of any new wall or structural member will result in immediate cessation of the Promoter’s obligation to rectify any defects or compensate for the same as mentioned in this Clause. The decision of the Architect in respect of the matter referred to in this clause shall be liable to provide any cure/cover over final and above binding upon both the terms Promoter and conditions of such respective warrantiesthe Allottee.
Appears in 4 contracts
Sources: Agreement for Sale, Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. 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 Allottee Allottee’s from the date of handing over possession, of the first unit of the 3rd (Third) Phase of the project; 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’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 4 contracts
Sources: Agreement for Sale, Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. 8.1 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 this Agreement relating to such development the Apartment, is brought to the notice of the Promoter by the Allottee, within a period of 5 five (five5) years by the Allottee Allottee, from the date of handing over possessionof possession to the Allottee, it the Promoter shall be the duty of the Promoter responsible to rectify such defects without further charge, charge within 30 (thirty) days, days and in the event of the 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 in the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever naturethat, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable for any defect or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter has no control or any defect or deficiency which is not attributable to provide the Promoter. Provided further that, the Promoter shall not be liable for any cure/cover over manufacturing or other defects of any branded inputs or fixtures or services of any third party, unless it results in a structural defect.
8.2 Notwithstanding anything stated hereinabove, the Promoter shall not be liable for defects pertaining to the following:
8.2.1 Equipment (including but not limited to, lifts, generators, motors, sewerage treatment plants, transformers and above the terms gym equipment) which carry manufacturer’s guarantees for a limited period;
8.2.2 Fittings relating to plumbing, sanitary, electrical, hardware, etc. having natural wear and conditions of tear;
8.2.3 Allowable structural and other deformations including expansion quotient; and
8.2.4 Works such respective warrantiesas painting, which are subject to wear and tear.
Appears in 3 contracts
Sources: Sale Agreement, Lease Agreement, Lease Agreement
DEFECT LIABILITY. 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 Allottee from the date of handing over possession, 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. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not ot making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of fo any of the installed or provided components, facilities, fitments, finishesfinished. Any breakage or damage, intentional or by negligenceunintentional defect caused due to negligence of allottee, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacture/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty liability provided by its respective manufacturer / such manufacture/supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. 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 Allottee Allottee’s from the date of handing over possession, of the first plot of the project, 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’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments plot or areas appurtenant to the apartment plot will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. 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 Allottee from the date of handing over possession, 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. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. herein
e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. 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 Promoter, as per the agreement for sale relating to such development development, is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over offer of possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) ninety 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. Provided that,
(a) The above-mentioned liability of the Promoter shall be limited to structural defects only (quality and workmanship).
(b) The Promoter shall not be liable for any such structural/ architectural defect induced by the Allottee, by means of carrying out structural or architectural changes from the original specifications/ design or any misuse thereof; or any act, omission or negligence or non- compliance of any Applicable Laws;
2. It is further clarified that the defect liability mentioned herein this agreement Promoter shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liabilityliable for any defects caused due to normal wear and tear.
(a) The Promoter shall procure fixtures, fittings, equipment and/or services including but not limited to elevator, power back up equipment, pumps, common toilets, etc. Provided also that the benchmark of the workmanship standard makes and these shall be governed as specified in PWD norms and schedulesby their respective warranties provided by their manufactures/installers. Any dispute The said warranties of the same shall be made available to the Allottee/ association of allotees by the Promoter.
(b) The Promoter having procured the items from standard makes, shall not be liable for any defects relating to workmanship defect the same and the same shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered governed by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its their respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability warranties provided by such manufacturertheir manufactures/supplier installers and the Promoter shall not have no liability in this regard.
4. In case any such structural defect or any other defect in workmanship, quality or provision of services by the Promoter at all the Project, reasonably and in the ordinary course requires additional time beyond the said 90 (ninety) days having regard to the nature of defect, then the Promoter shall be liable entitled to provide any cure/cover over such additional time period, provided an intimation thereof has been provided to the Allottee / the association of allottees / the maintenance agency, as the case may be, prior to expiry of the said initial 90 (ninety) days. The Promoter / Allottee / the association of allottees / the Maintenance Agency shall mutually work upon and above the terms agree to a reasonable and conditions justifiable additional time period for rectification of such respective warrantiesdefects. The Allottee hereby agrees to such additional time / extension of time.
Appears in 2 contracts
Sources: Agreement for Sale, Sale Agreement
DEFECT LIABILITY. 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 Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 90 (thirtyninety) 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. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever naturethat, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable for (i) any such structural/ architectural defect induced by the Allottee, by means of carrying out structural or architectural changes from the original specifications/ design, or (ii) any act, omission or negligence attributable to provide the Allottee or non-compliance of any cure/cover over Applicable Laws by the Allottee; or (iii) ordinary wear and above tear in due course. The Allottee also agrees and understands that the Promoter shall not be held responsible or liable for giving any warranty of movable items / appliances which have been part of the Apartment and for which manufacturer of the said items is responsible such as air conditioners, fittings, fixtures cables, wires, bulbs etc. as the same shall be governed by the terms and conditions of such respective warrantiesthe manufacturer and warranties attached thereto. The Promoter shall transfer the warranty provided by the manufacturer / vendor to the Allottee and any claim or dispute in this regard, shall be raised by the Allottee, directly with the original equipment manufacturer / vendor. The usage of all the fixtures, fittings and other installations whether in terms of this Agreement or otherwise shall be as per the usage guidelines as provided by the Promoter / the manufacturer / the Maintenance Agency / the association of allottees.
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. 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 Allottee Allottee’s from the date of handing over possession, of the first unit of the 2nd (Second) Phase of the project; 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’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. 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 Allottee from the date of handing over possession, 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. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not ot making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of fo any of the installed or provided components, facilities, fitments, finishesfinished. Any breakage or damage, intentional or by negligenceunintentional defect caused due to negligence of allottee, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacture/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty liability provided by its respective manufacturer / such manufacture/supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.to
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. 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 Agreement for sale relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) ninety 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. Provided that In case any such defect in quality or provision of services by the defect liability mentioned herein this agreement shall be subject Promoter at the Project, reasonably and in the ordinary course requires additional time beyond the said 90 (ninety) days having regard to the allottee not making any changes nature of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplierdefect, then the defect liability for such products/machines/fitments etc. Promoter shall be restricted and limited entitled to such additional time period, provided an intimation thereof has been provided to the warranty liability provided by Allottee / the association of allottees / the maintenance agency, as the case may be, prior to expiry of the said initial 90 (ninety) days. The Promoter / Allottee / the association of allottees / the Maintenance Agency shall mutually work upon and agree to a reasonable and justifiable additional time period for rectification of such manufacturer/supplier and defects. The Allottee hereby agrees to such additional time / extension of time. The application for adjudging quantum of compensation shall be made to adjudicating officer. In case there is dispute about whether there is any structural defect or any other defect in workmanship, quality or provision of services or any other obligations of the Promoter shall not at all be liable as per the agreement for sale relating to provide any cure/cover over such development, the authority may conduct an inquiry and above the terms give its findings and conditions of such respective warrantiesmay issue appropriate orders or directions in this regard.
Appears in 2 contracts
Sources: Sale Agreement, Sale Agreement
DEFECT LIABILITY. 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 Allottee from the date of handing over possession, 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. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.herein
Appears in 2 contracts
Sources: Agreement for Sale, Agreement for Sale
DEFECT LIABILITY. 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 Allottee from the date of handing over possession, of the first Row House / Bungalow of the project, 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. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Row House/ Bungalows or areas appurtenant to the apartment Row House/ Bungalow will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / manufacturer/supplier, then the defect liability for such products/machines/fitments products/ machines /fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/manufacturer/ supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 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 Agreement relating to such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottees from the date of handing over possession, 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 such, time, the aggrieved Allottees shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the Promoter shall not be liable to compensate if the defect liability mentioned herein this agreement shall be subject is attributable to any acts or omissions or commissions of the Allottees (or any person appointed by him or acting under him or under his instructions) or arising due to any normal wear and tear or due to reasons not solely attributable to the allottee not making any changes Promoter. Notwithstanding anything herein contained it is hereby expressly agreed and understood that in case the Allottees, without first notifying the Promoter and without giving the Promoter the reasonable opportunity to inspect, assess and determine the nature of whatsoever naturepurported defect in the Apartment, whether structural or otherwise, or by way of relocation or by tempering or modification of any alters the state and condition of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark area of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplierpurported defect, then the defect liability for such products/machines/fitments etc. Promoter shall be restricted relieved of its obligations contained hereinabove in this clause. RIGHT TO ENTER THE APARTMENT FOR REPAIRS: The Promoter/maintenance agency/Association shall have rights of unrestricted access of all Common Areas, garages/covered parking and limited to the warranty liability provided by such manufacturer/supplier parking spaces for providing necessary maintenance services and the Promoter shall not at all be liable Allottees agrees to provide permit the Promoter/ Association and/or maintenance agency to enter into the Apartment or any cure/cover over part thereof, after due notice and above during the terms and conditions of such respective warrantiesnormal working hours, unless the circumstances warrant otherwise, with a view to set right any defect.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 8.1 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 this Agreement relating to such development the Apartment, is brought to the notice of the Promoter by the Allottee, within a period of 5 five (five5) years by the Allottee years, from the date of handing over possessionexpiry of two (2) months from receipt by the Promoter, it of the completion certificate or the occupancy certificate, as the case may be, the Promoter shall be the duty of the Promoter responsible 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 specified under the ActApplicable Laws. Provided that that, the Promoter and/or the Developer shall not be liable for any defect liability mentioned herein this agreement or deficiency occasioned on account of any act or omission on the part of the Allottee or any authority or third party over whom the Promoter or the Developer has no control or any defect or deficiency which is not attributable to the Promoter or the Developer. Provided further that, the Promoter and/or the Developer shall not be liable for any manufacturing or other defects of any branded inputs or fixtures or services of any third party, unless it results in a structural defect.
8.2 Notwithstanding anything stated hereinabove, the Promoter and/or the Developer shall not be liable for defects pertaining to the following:
8.2.1 Equipment (including but not limited to, lifts, generators, motors, sewerage treatment plants, transformers and gym equipment) which carry manufacturer’s guarantees for a limited period;
8.2.2 Fittings relating to plumbing, sanitary, electrical, hardware, etc. having natural wear and tear;
8.2.3 Allowable structural and other deformations including expansion quotient; and
8.2.4 Works such as painting, which are subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms wear and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiestear.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 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 the internal/external development and/or common area facilities/amenities and such development is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, of the first Plot of the project, 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 Allottee or association of Allottees as the case may be shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee or association of Allottees as the case may be,not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishesfinishes the internal/external development and/or common area facilities/amenities. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Plots or areas appurtenant to the apartment Plot will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / manufacturer/supplier, then the defect liability for such products/machines/fitments products/ machines /fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/manufacturer/ supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
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 Vendors as per the agreement Agreement for sale Sale relating to such development is brought to the notice of the Promoter Vendors within a period of 5 (five) years by the Allottee Vendee from the date of handing over possession, it shall be the duty of the Promoter Vendors to rectify such defects without further charge, within 30 90 (thirtyninety) days, and in the event of Promoter’s the Vendors’ failure to rectify such defects within such time, the aggrieved Allottees vendees shall be entitled to receive appropriate compensation in the manner as provided under the Act: Provided that, the Vendors shall not be liable for any such structural/ architectural/interior defect induced by the Vendee, by means of carrying out structural or architectural or interior changes from the original specifications/ design. Provided that further that, the Vendors shall not be liable forrectification of any such defect as stated above in case of the Vendee fails to take over possession of the Apartment within180 days of the offer of possession of the same by the Vendors. That the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier effect in construction (i.e. structure) however, air cracks in plaster masonry and the Promoter general wear and tear shall not at all be liable to provide any cure/considered as structural defect. Defect liability shall not cover over and above Force Majeure situations. The defect liability shall not be applicable on the terms and conditions bought-out items, most of which are covered under warranty by manufacturers themselves. However, in the event of reoccurring problems with the bought-out items purchased from third party vendors which shall have warranties from their respective manufacturers the Vendors shall cooperate with the Vendee in rectifying such respective warrantiesdefects.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 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 Allottee Allottee’s from the date of handing over possession, of the first plot of the 1st phase of the project, 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’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments plot or areas appurtenant to the apartment plot will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 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 Allottee Allottee’s from the date of handing over possession, of the first unit of the project; 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’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments shops or areas appurtenant to the apartment shop will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 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 Allottee from the date of handing over possessioncompletion/occupancy 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. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments apartment / units or areas appurtenant to the apartment / unit will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties. Provided however that any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 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 Allottee from the date of handing over possession, 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. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not to making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of fo any of the installed or provided components, facilities, fitments, finishesfinished. Any breakage or damage, intentional or by negligenceunintentional defect caused due to negligence of allottee, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacture/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty liability provided by its respective manufacturer / such manufacture/supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 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 Allottee from the date of handing over possession, of the first Row House/Bungolow/shop/flat of the project, 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 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. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. a. 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 Builder as per the agreement for sale relating to such development is brought to the notice of the Promoter Builder within a period of 5 (five) years by the Allottee Buyer from the date of handing over possession, it shall be the duty of the Promoter Builder to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterBuilder’s failure to rectify such defects within such time, the aggrieved Allottees Buyer s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the .
b. The defect liability mentioned herein this agreement shall be subject to the allottee buyer not making any changes of whatsoever nature, whether structural infrastructural or otherwise, or by way of relocation or by tempering tampering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, / damages intentional or by negligence, subsequent to possession in the apartments Bunglow or areas appurtenant to the apartment Bunglow will not be covered under the defect liability. .
c. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter Builder shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Real Estate Agreement
DEFECT LIABILITY. 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 Allottee from the date of handing over possession, 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. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for For which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall Shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/products/ machines/ fitments etc. shall Shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 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 Allottee from the date of handing over possession, 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. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not ot making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of fo any of the installed or provided components, facilities, fitments, finishesfinished. Any breakage or damage, intentional or by negligenceunintentional defect caused due to negligence of allottee, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacture/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty liability provided by its respective manufacturer / such manufacture/supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 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 Promoter, as per the agreement for sale relating to such development development, is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over offer of possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) ninety 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. Provided that,
(a) The above-mentioned liability of the Promoter shall be limited to structural defects only (quality and workmanship).
(b) The Promoter shall not be liable for any such structural/ architectural defect induced by the Allottee, by means of carrying out structural or architectural changes from the original specifications/ design or any misuse thereof; or any act, omission or negligence or non- compliance of any Applicable Laws;
2. It is further clarified that the defect liability mentioned herein this agreement Promoter shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liabilityliable for any defects caused due to normal wear and tear.
(a) The Promoter shall procure fixtures, fittings, equipment and/or services including but not limited to elevator, power back up equipments, pumps etc. Provided also that the benchmark of the workmanship standard makes and these shall be governed as specified in PWD norms and schedulesby their respective warranties provided by their manufactures/installers. Any dispute The said warranties of the same shall be made available to the Allottee/ association of allotees by the
(b) The Promoter having procured the items from standard makes, shall not be liable for any defects relating to workmanship defect the same and the same shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered governed by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its their respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability warranties provided by such manufacturertheir manufactures/supplier installers and the Promoter shall not have no liability in this regard.
4. In case any such structural defect or any other defect in workmanship, quality or provision of services by the Promoter at all the Project, reasonably and in the ordinary course requires additional time beyond the said 90 (ninety) days having regard to the nature of defect, then the Promoter shall be liable entitled to provide any cure/cover over such additional time period, provided an intimation thereof has been provided to the Allottee / the association of allottees / the maintenance agency, as the case may be, prior to expiry of the said initial 90 (ninety) days. The Promoter / Allottee / the association of allottees / the Maintenance Agency shall mutually work upon and above the terms agree to a reasonable and conditions justifiable additional time period for rectification of such respective warrantiesdefects. The Allottee hereby agrees to such additional time / extension of time.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 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 Allottee from the date of handing over possession, 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. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes charges of whatsoever nature, whether structural or otherwise, otherwise or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or of products etc. for the which there is a separate warranty rendered by the manufacturer / supplier /supplier of such fitments, machines or products etc. shall Shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / manufacturer/ supplier, then the defect liability for such products/machinesproducts /machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier supplies and the Promoter promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 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 Allottee Allottee’s from the date of handing over possession, of the first unit of the 2rd (Second) Phase of the project; 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’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 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 until society handover to the association of 5 (five) years Allottee, by the Allottee from the date of handing over possession, 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. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee Allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided componentscomponent, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified specific in PWD norms and schedulesschedule. Any dispute disputes relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for For which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines machines, or products etc. shall Shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / manufacture/ supplier, then the defect liability for such products/machines/fitments etc. shall Shall be restricted and limited to the warranty liability provided by such manufacturermanufacturers/supplier and the Promoter promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 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 Allottee from the date of handing over possession, 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. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments offices or areas appurtenant to the apartment office will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 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 Allottee Allottee’s from the date of handing over possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) days, and in first unit of 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. 3rd Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments Duplex / Row Houses or areas appurtenant to the apartment Duplex / Row House will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
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 Allottee from the date of handing over possession. Any defect or insufficiency in the allotted unit with respect to workmanship, it quality or provision of services or any obligations of the Promoter as per the agreement for sale relating to such development is noticed by The Allottee can be rectified by the PROMOTER, if brought to its notice within 1 (one) month of taking possession by the Allottee. 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 Allottee shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided .
12.2 Provide that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, otherwise or by the way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or of common areas appurtenant to the apartment said unit will not be covered under the defect liability. .
12.3 Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. .
12.4 Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacturer/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/products/ machines/fitments etc. etc shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and the above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. 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 Allottee Allottee’s from the date of handing over possession, of the first plot of the 1st phase of the project, 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’s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments plot or areas appurtenant to the apartment plot will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. a. 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 Builder as per the agreement for sale relating to such development is brought to the notice of the Promoter Builder within a period of 5 (five) years by the Allottee Buyer from the date of handing over possession, it shall be the duty of the Promoter Builder to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterBuilder’s failure to rectify such defects within such time, the aggrieved Allottees Buyer s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the .
b. The defect liability mentioned herein this agreement shall be subject to the allottee buyer not making any changes of whatsoever nature, whether structural infrastructural or otherwise, or by way of relocation or by tempering tampering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, / damages intentional or by negligence, subsequent to possession in the apartments bungalow or areas appurtenant to the apartment bungalow will not be covered under the defect liability. .
c. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter Builder shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Real Estate Purchase Agreement
DEFECT LIABILITY. It is agreed that in case any structural defect or any other defect in workmanship, quality or provision of services or any other obligations the Unit of the Promoter as per the agreement for sale relating to such development Project is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee Allottee(s) from the date of obtaining the Completion Certificate/Occupation Certificate or from the date of handing over possessionpossession to the Allottee(s), whichever is earlier, it shall be the duty of the Promoter to rectify such defects without further chargecharges, within 30 (thirty) days, and in the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that Defect does not cover normal wear and tear or physical damage caused by rough usage by the defect liability mentioned herein this agreement Allottee(s). The Promoter on one time basis shall provide all equipments/electronic appliances of standard companies in the Unit and Project and whatever the Warranties & Guarantees provided by the companies shall be subject passed on to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishesAllottee(s)/ Maintenance Society. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the The Promoter shall not at all be liable to provide for repair, replace & maintenance of these equipments/electronic appliances. Any consumable, wear & tear, mishandling, breakages, actions that voids the warranty, shall not be covered. Even if any curefault/cover over damages occur and above any accident/losses arise then the terms and conditions of such respective warrantiesPromoter is not liable for the same.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 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 Allottee from the date of handing over possession, 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. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not ot making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of fo any of the installed or provided components, facilities, fitments, finishesfinished. Any breakage or damage, intentional or by negligenceunintentional defect caused due to negligence of allottee, subsequent to possession in the apartments apartmentUnits or areas appurtenant to the apartment apartmentUnit will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / manufacture/ supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty liability provided by its respective manufacturer / such manufacture/supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 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 Allottee from the date of handing over possession, 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. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or • Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. • Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. a. 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 Builder as per the agreement for sale relating to such development is brought to the notice of the Promoter Builder within a period of 5 (five) years by the Allottee Buyer from the date of handing over possession, it shall be the duty of the Promoter Builder to rectify such defects without further charge, within 30 (thirty) days, and in the event of PromoterBuilder’s failure to rectify such defects within such time, the aggrieved Allottees Buyer s shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that the .
b. The defect liability mentioned herein this agreement shall be subject to the allottee buyer not making any changes of whatsoever nature, whether structural infrastructural or otherwise, or by way of relocation or by tempering tampering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, / damages intentional or by negligence, subsequent to possession in the apartments Flat or areas appurtenant to the apartment Flat will not be covered under the defect liability. .
c. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter Builder shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Real Estate Purchase Agreement
DEFECT LIABILITY. 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 Apartment Buyer’s Agreement is brought to the notice of the Promoter Promoters within a period of 5 (five) years by the Allottee Buyer from the date of handing over possession, it shall be the duty of the Promoter Promoters to rectify such defects without further charge, within 30 (thirty) thirty days, and in the event of Promoter’s Promoters’ failure to rectify such defects within such time, the aggrieved Allottees Buyer shall be entitled to receive appropriate compensation in the manner as provided under the Act. However, the Promoters shall not be liable for rectification of defects in the following circumstances:
(i) if the same has resulted due to any act, omission or negligence attributable to the Buyer or non-compliance of any Applicable Laws by the Buyer; and
(ii) the defects that are the result of ordinary wear and tear in due course. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also Buyer understands that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered fundamental difference between hand over of the building/ constructions or infrastructure services and systems free from defects on the one hand and maintenance of handed over building/ constructions or infrastructure services and systems so as to maintain defect free functioning which by its nature is a lifelong process. Accordingly, the continued maintenance of the systems handed over would not be the responsibility of the Promoters, and the Promoters shall not be liable for rectification of any defects therein. Provided further that in case any such structural defect or any other defect in workmanship, quality or provision of services by the manufacturer / supplier of such fitmentsPromoters at the Real Estate Project, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplierreasonably and in the ordinary course requires additional time beyond the said 30 (thirty) days, then the defect liability for such products/machines/fitments etc. Promoter shall be restricted and limited entitled to the warranty liability same, provided by an intimation thereof has been provided to the Buyer prior to expiry of the said initial 30 (thirty) days. The Buyer hereby agrees to such manufacturer/supplier and additional time / extension of time without being entitled to / making any claim to receive appropriate compensation in the Promoter shall not at all be liable to provide any cure/cover over and above manner as provided under the terms and conditions of such respective warrantiesAct and/or otherwise under the Applicable Laws.
Appears in 1 contract
Sources: Conveyance Deed
DEFECT LIABILITY. 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 Allottee from the date of handing over possessionpossession of the first flat of the block, 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. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for For which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall Shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/products/ machines/ fitments etc. shall Shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 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 Promoter, as per the agreement for sale relating to such development development, is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over offer of possession, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 (thirty) ninety 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. Provided that,
(a) The above-mentioned liability of the Promoter shall be limited to structural defects only (quality and workmanship).
(b) The Promoter shall not be liable for any such structural/ architectural defect induced by the Allottee, by means of carrying out structural or architectural changes from the original specifications/ design or any misuse thereof;
2. It is further clarified that the defect liability mentioned herein this agreement Promoter shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liabilityliable for any defects caused due to normal wear and tear.
(a) The Promoter shall procure fixtures, fittings, equipment, appliances, gadgets and/or services including but not limited to elevator, DG set, pumps etc. Provided also that the benchmark of the workmanship standard makes and these shall be governed as specified in PWD norms and schedulesby their respective warranties provided by their manufactures/installers. Any dispute The applicable warranties of the same shall be made available to the Allottee/ association of allotees by the Promoter.
(b) The Promoter having procured the items from standard makes, shall not be liable for any defects relating to workmanship defect the same and the same shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered governed by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its their respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability warranties provided by such manufacturertheir manufactures/supplier installers and the Promoter shall not have no liability in this regard. In case any such structural defect or any other defect in workmanship, quality or provision of services by the Promoter at all the Project, reasonably and in the ordinary course requires additional time beyond the said 90 (ninety) days having regard to the nature of defect, then the Promoter shall be liable entitled to provide any cure/cover over such additional time period, provided an intimation thereof has been provided to the Allottee / the association of allottees / the maintenance agency, as the case may be, prior to expiry of the said initial 90 (ninety) days. The Promoter / Allottee / the association of allottees / the Maintenance Agency shall mutually work upon and above the terms agree to a reasonable and conditions justifiable additional time period for rectification of such respective warrantiesdefects. The Allottee hereby agrees to such additional time / extension of time.
Appears in 1 contract
Sources: Sale Agreement
DEFECT LIABILITY. It is agreed that in case 17.1 If within a period of five years from the date of handing over the Flat to the Allottee/s, the Allottee/s brings to the notice of the Promoter any structural defect in the Flat or the building in which the Flat are situated or any other defect in defects on account of workmanship, quality or provision of services or any other obligations of service, then, wherever possible such defects shall be rectified by the Promoter as per the agreement for sale relating to such development at his own cost and in case it is brought to the notice of the Promoter within a period of 5 (five) years by the Allottee from the date of handing over possession, it shall be the duty of the Promoter not possible to rectify such defects without further chargedefects, within 30 (thirty) days, and in then the event of Promoter’s failure to rectify such defects within such time, the aggrieved Allottees Allottee/s shall be entitled to receive appropriate from the Promoter, compensation for such defect in the manner as provided under the RERA Act.
17.2 In case it is not possible to rectify such defects or unauthorized changes, then the Allottee/s shall be entitled to receive from the Promoter reasonable compensation for such defect or changes.
17.3 The word defect herein above stated shall mean only the manufacturing defects caused on account of willful neglect of the Promoter themselves and shall not mean defects caused by normal wear and tear, negligent use of the said Flat or the building/s by the Allottee/s, abnormal fluctuations in the temperatures, abnormal heavy rains, damages from natural calamity etc.
17.4 Provided further that the Allottee/s shall not carry out alterations of whatsoever nature in the said Flat or in the fittings therein, in particular it is hereby agreed that the Allottee/s shall not make any alterations in any of the fittings, pipes, water supply connections or any of the erection (including Flooring/Dado) in the Toilets/Kitchen as this may result in seepage of the water. Provided that If any of such work is carried out without the written consent of the Promoter, the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant to the apartment will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / supplier, then the defect liability for such products/machines/fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warrantiesbecome void.
Appears in 1 contract
Sources: Agreement to Sell
DEFECT LIABILITY. 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 Allottee from the date of handing over possession, of the first EWS/LIG Flat of the project, 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. Provided that the defect liability mentioned herein this agreement shall be subject to the allottee not making any changes of whatsoever nature, whether structural or otherwise, or by way of relocation or by tempering or modification of any of the installed or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments EWS/LIG Flat or areas appurtenant to the apartment EWS/LIG Flat will not be covered under the defect liability. Provided also that the benchmark of the workmanship shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty of the fitments, machines or products etc. for which there is a separate warranty rendered by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there is a separate warranty by its respective manufacturer / manufacturer/supplier, then the defect liability for such products/machines/fitments products/ machines /fitments etc. shall be restricted and limited to the warranty liability provided by such manufacturer/manufacturer/ supplier and the Promoter shall not at all be liable to provide any cure/cover over and above the terms and conditions of such respective warranties.
Appears in 1 contract
Sources: Agreement for Sale
DEFECT LIABILITY. 10.1 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 this Deed relating to such development is brought to the notice of the Promoter within a period of 5 five (five5) years by the Allottee Allottee(s) from the date of handing over possessionreceipt of occupation certificate of the Said Project, it shall be the duty of the Promoter to rectify such defects without further charge, within 30 thirty (thirty30) days, and in the event of Promoter’s 's failure to rectify such defects within such time, the aggrieved Allottees Allottee(s) shall be entitled to receive appropriate compensation in the manner as provided under the Act. Provided that .
10.2 In case any such structural defect or any other defect in workmanship, quality or provision of services reasonably & in the defect liability mentioned herein this agreement ordinary course requires additional time beyond the said 30 (thirty) days having regard to the nature of the defect, then Promoter shall be subject entitled to such additional time period, provided, an intimation thereof has been provided to the allottee not Allottee, prior to the expiry of the said initial 30 (thirty) days. The Parties shall mutually work upon and agree to a reasonable and justifiable additional time period for rectification of such defects. The Allottee(s)hereby agrees to such additional time / extension of time without being entitled to or making any changes of whatsoever nature, whether structural claim to receive appropriate compensation in the manner provided under the Act and / or otherwise, or by way of relocation or by tempering or modification otherwise under Applicable Law.
10.3 Promoter shall not be liable for rectification of any defect if the same has resulted due to natural wear and tear, alterations, misuse, and deviation from conditions of the installed usage, and any act, omission or provided components, facilities, fitments, finishes. Any breakage or damage, intentional or by negligence, subsequent to possession in the apartments or areas appurtenant negligence attributable to the apartment will Allottee(s)or the Owner’s Association. Intrinsically, breakable or degradable items like tiles, stones, wooden items, glass, aluminum items, façade, doors and windows and such like shall not be covered under Defect Liability and the defect liability. Provided also same shall not rectified by the Promoter.
10.4 The Allottee(s) confirms and agrees that all fittings, fixtures etc., has be made functional at the benchmark time of handing over the possession of the workmanship Unit but the maintenance thereof shall be governed as specified in PWD norms and schedules. Any dispute relating to workmanship defect shall be resolved in light of these norms only. Provided however that the warranty responsibility of the fitments, machines or products etcAllottee(s). for which The Allottee(s) further understands that there is a separate warranty rendered fundamental difference between hand over of the building / constructions or infrastructure services and systems free from defects on the one hand and requirement of timely, appropriate and adequate maintenance of handed over building / constructions or infrastructure services and systems so as to maintain aesthetic appearance and / or defect free functioning which by the manufacturer / supplier of such fitments, machines or products etc. shall prevail & supersede any defect liability covered herein i.e. any such products, machines, fitments for which there its very nature is a separate warranty by its respective manufacturer / supplierlifelong process. Accordingly, then the defect liability for such products/machines/fitments etc. shall continued maintenance including consumables and spare parts of the systems handed over would not be restricted and limited to the warranty liability provided by such manufacturer/supplier responsibility of the Promoter, and the Promoter shall not at all be liable to provide for rectification of any cure/cover over and above the terms and conditions defects resulting from improper or lack of such respective warrantiestimely maintenance.
Appears in 1 contract
Sources: Conveyance Deed